Atchison Co Commissioner John Calhoon/Credit: Atchison Co

 

(KAIR)--Atchison County Commissioner John Calhoon has responded to a lawsuit filed by the Atchison County Attorney that challenges whether he can hold his commission seat while also serving as Jackson County undersheriff.

In his response, filed Tuesday in Atchison County District Court, Calhoon denies he is serving unlawfully and argues the case should be thrown out. He says the County Attorney used the wrong legal process, and that if the dispute is really about his eligibility to take office, it should have been filed under election-contest rules with a short deadline that he says has already passed. Calhoon also argues the County Attorney has not shown the legal standing required under that election framework.

Calhoon further disputes the claim that the two roles are legally incompatible, arguing there is no conflict between the duties of a county commissioner and his law enforcement position in Jackson County. He also challenges the legal authorities the County Attorney relies on, including how Kansas law applies and the weight of prior legal opinions.

The County Attorney’s filing asks a judge to declare Calhoon cannot hold both positions at the same time, arguing Kansas law prohibits a county commissioner from also holding another public office, and that the undersheriff role qualifies as a public office because it carries law-enforcement authority. The County Attorney is seeking an order requiring Calhoon to vacate one of the positions.

Calhoon is asking the court to dismiss the case. He is also requesting attorney fees and a jury trial on issues that can be tried by a jury.