Nashville judge who oversees short-term rentals resigns

Joey Garrison
The Tennessean
Attorney Jim Todd

Jim Todd, the magistrate who has handled complaints and fines involving short-term rental properties in Nashville, resigned Friday after recent media reports detailed his ownership of multiple short-term rentals and raised potential conflict of interest issues. 

Todd, magistrate for the Davidson County General Sessions Environmental Court for the past decade, announced his resignation from the part-time judgeship in a letter to Judge Allegra Walker on Friday.

In the three-page letter, Todd characterized recent media reports about his ownership of short-term rental properties as being misleading and vowed he is innocent of any wrongdoing.

"It is with profound sadness that I submit my resignation," Todd wrote. "I submit my resignation not because I believe I have done anything wrong nor that I cannot be fair. I am submitting my resignation because I believe that the public has an absolute right to feel that their court system is fair and impartial and that recent misleading media reports could call the court's fairness into question."

Increasingly, Nashville has struggled to enforce rules over short-term renting, which has become a national industry through online companies such as Airbnb. On Tuesday, the Metro Council will take up a controversial phase-out of short-term rentals that are not occupied by the owner of the property.

Todd is the owner of two properties in The Nations neighborhood that he said he and his wife purchased in October and got permitted to operate as short-term rentals in February. 

► Read more:Jim Todd's resignation letter

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► Read more:Nashvillians battle over short-term rentals in marathon debate; council holds off vote

His resignation came on the heels of a report from WSMV-TV that said Todd was not following a rule that requires short-term rental owners post their permit number on their online listing. 

"Ignorance of the law is no excuse," Todd wrote in his resignation letter. "We were in violation, and we have since corrected the violation."

In a separate WSMV-TV story, Councilman Freddie O'Connell, who supports stronger short-term rental regulations, was quoted as saying Todd should recuse himself from short-term rental cases. Days before the WSMV-TV reports, the Nashville Scene also reported on Todd's ownership of short-term rental properties.

In his letter, Todd recounted his history with short-term rentals and sought to address "accusations that were levied by the media." Todd wrote that when it had become evident that short-term rental violations would be coming to the Environmental Court, he spoke to Walker and requested an opinion from the Board of Judicial Conduct, which he said indicated there was no conflict.

He said he was "extremely dismayed" that some members of the Metro Council, whom he said he has never met, have questioned whether he can be impartial on complaints over short-term rentals. 

"I would have hoped they would have the common courtesy to speak with me directly before going to the media with their accusations," he said.

Todd, who works as an attorney at May, Hagan & Todd PLLC in Nashville, commonly provides legal analysis for The Tennessean and other Nashville media outlets. 

Todd said his resignation is effective as soon as Walker finds a replacement.

Reach Joey Garrison at 615-259-8236 and on Twitter @joeygarrison.