John Calhoon/Credit: County of Atchison

(KAIR)--A late July hearing is scheduled in Atchison County District Court over whether a sitting county commissioner can also serve as a law enforcement officer in a neighboring county.

The case will be heard the afternoon of Wednesday, July 29th.

At issue is whether Commissioner John Calhoon can simultaneously serve as the Atchison County District 2 Commissioner and as Undersheriff of the Jackson County Sheriff's Office.

Atchison County Attorney Sherri Becker has filed a motion for judgment on the pleadings, arguing the dual service violates a state statute that prohibits a person from holding a county office while also serving as a county commissioner. Calhoon has admitted in court filings that he holds both positions at the same time. Becker contends the facts are not in dispute, and the only remaining question is whether the law bars the arrangement.

Becker has also asked the court to put discovery on hold while the judgment motion is pending, arguing that additional fact-finding is unnecessary since Calhoon does not deny serving in both roles.