Clark County officials authorize legal inquiry after judge’s resignation letter found

At an emergency session, Clark County officials voted to have the county attorney contact the governor’s office to verify whether a written resignation from the county judge — reportedly effective at 4:00 p.m. the previous day — had been properly tendered and recorded.

The matter arose when an attendee reported that a resignation letter had been found on the judge’s desk and said it stated the resignation was effective at 4:00 p.m. the prior evening. The chair said the letter had been left on the judge’s desk and asked whether the resignation had been delivered to the proper authorities.

The county attorney responded that, under the applicable statutory process discussed in the meeting, a judge’s resignation must be presented to the appointing authority and recorded in the executive journal to be certain the vacancy is official. The county attorney said they had no evidence the resignation had been tendered to the governor or recorded, calling the status “an open question” until the governor’s office or the executive journal could confirm receipt and compliance with statute.

Because of that uncertainty, the body approved a motion authorizing the county attorney to contact the governor’s office for official confirmation and to report back. The motion, identified in the transcript as moved by Master Platon and seconded by Magistrate Craycraft, passed by voice vote. The officials also agreed to continue the emergency meeting until 1:00 p.m. the following day to allow time for verification.

Participants discussed securing the judge’s office and the courthouse pending confirmation. One participant said locking down the office and taking a conservative approach until documentation was verified would avoid potential legal complications. The county attorney noted there was some indication the judge had contemplated resigning, and referenced discussions that had occurred with Rocky Atkins and the governor, but emphasized that contemplation is not a substitute for formal tender and recordation.

The meeting concluded after approving an additional procedural motion (the transcript names the mover as Manager Blanton and the seconder as Manager Davis) and adopting a motion to adjourn moved by Mister Davis and seconded by Mister Ashley.

The county’s next steps are: the county attorney will seek confirmation from the governor’s office or the executive journal on whether a valid resignation was filed and recorded; the emergency meeting will reconvene at 1:00 p.m. the following day if confirmation is not available beforehand. The transcript does not provide a documented vote tally or an explicit citation for the statute referenced as “6304”; the county attorney said the requirement would be reflected in the executive journal but did not specify a full statutory citation.