Atchison County 2nd District Commissioner John Calhoon/Credit: Atchison County

 

(KAIR)--A legal fight over whether an Atchison County commissioner can simultaneously hold a law enforcement position in Jackson County is now in the hands of an Atchison County District Court judge.

Atchison County Attorney Sherri Becker filed court documents Friday asking the court to remove John Calhoon from his seat on the Atchison County Commission, arguing his continued service violates Kansas law.

Calhoon, who represents District 2 on the commission, also serves as Undersheriff for the Jackson County Sheriff's Office.

Becker's filing argues that Kansas law prohibits any person holding a county office from simultaneously serving as county commissioner in any Kansas county. The filing further argues that Kansas courts and multiple Kansas Attorney General opinions have consistently concluded that law enforcement officers, including deputy sheriffs and undersheriffs, hold public office and are therefore subject to that prohibition.

Court documents also reveal the Kansas Attorney General previously advised Calhoon directly that the law precluded him from holding both positions and asked him to resign from one of the two. He did not.

Becker is asking the court to rule in her favor on the pleadings alone, without additional discovery, since Calhoon himself does not dispute the facts of his dual service. A separate motion filed Friday asks the court to halt any discovery proceedings until the primary motion is decided.

The case remains pending in Atchison County District Court.

Calhoon is currently seeking election to the commission seat to which he was appointed to fill a vacancy. He’s challenged, in the August Republican Primary, by Atchison resident Randell Vanderweide.