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County counselor: appointed Second District commissioner faces court challenge; commission to let courts decide
Summary
County Counselor Curtis told the Atchison County Commission that John Calhoun was appointed to the Second District but a quo warranto petition challenging his eligibility is pending in Atchison County District Court; the counselor said the commission did not initiate the action and should allow the court to proceed.
Atchison County commissioners were told April 21 that John Calhoun, who was appointed earlier this year to represent the Second District, is the subject of a pending legal challenge over his eligibility to serve.
County Counselor Curtis said the county Republican committee convened to forward nominees to the governor after Commissioner Eric Null retired. The governor and secretary of state appointed John Calhoun, who took the oath and has been serving. “Subsequent to that, the county attorney filed an action,” Curtis said, identifying the filing as a quo warranto petition now pending in Atchison County District Court. An answer has been filed on Calhoun’s behalf and counsel is representing him, Curtis added.
Curtis told the commission the county did not initiate the petition and that the county’s role in filling such vacancies is limited. He said the contest concerns a separate public official role Calhoun holds in another county and that the dispute is appropriately before the district court. “I would offer the observation that it's unfortunate that apparently public monies may be used in this litigation. So it's hoped that perhaps it could be resolved at the soonest possibility,” Curtis said.
The counselor reiterated that the commission should continue the county’s business and allow the court process to play out. The board took no formal action on the matter during the meeting.
Why it matters: The challenge could affect who represents the Second District while the county continues to conduct routine business. Court resolution will determine whether Calhoun remains in office or whether further steps are needed.
What happens next: The quo warranto petition remains pending in Atchison County District Court. The county attorney and Commissioner Calhoun’s counsel will litigate the matter; the commission said it would refrain from intervening and would let the court resolve the question of qualification.
