(KAIR)--Atchison County Sheriff Jack Laurie will not appear for a court-ordered deposition regarding the status of John Calhoon, who serves both as 2nd District Atchison County Commissioner and Jackson County Undersheriff.

It's those dual roles that led to the March 10 filing of a Petition in Quo Warranto by Atchison County Attorney Sheri Becker, citing state law, challenging Calhoon's holding of the two positions. As Calhoon has not voluntarily stepped down from either, the petition seeks a court ruling to force that decision.

In April, Atchison County Sheriff Jack Laurie was subpoenaed by Calhoon's counsel to appear for a deposition, with the subpoena requiring all communications involving Laurie discussing the status of Calhoon.

Laurie's counsel, on April 24, filed a motion to dismiss the subpoena, saying that while Laurie is not a party in the case, he has already provided the requested communications. Calhoon's counsel, on May 5, filed a motion to withdraw the subpoena which Laurie's motion to dismiss called "an attempt to annoy, embarrass, or oppress Sheriff Laurie in retaliation for his speech."

In the motion to dismiss, Calhoon's counsel requests that "Laurie be relieved of appearing for his deposition at this early stage of the litigation," but adds that Calhoon will "seek a new subpoena at the appropriate time if the testimony of [Laurie] is later deemed necessary."

Calhoon was appointed to the vacant Commission seat as the outcome of a January Atchison County GOP convention. He was sworn into the role in February following a review of his appointment by the Kansas Governor and Secretary of State.