Legal battle continues: Who should be prosecuting attorney?
The legal battle continues over who should be the Prosecuting Attorney of Schuyler County.
A court hearing was held Tuesday, in Unionville, concerning a petition filed by the current Schuyler County Prosecutor.
Two years ago, former Clark County Prosecutor Scott Summers was appointed Schuyler County Prosecutor by Governor Jay Nixon.
Summers claims he should remain Schuyler County Prosecutor until the office is scheduled for election in 2014.
The defense claims a state statute mandates that anyone appointed by the governor to fill a vacancy in county office is to serve until the January after the following election.
Tusday a judge heard both sides of the case and Defense Attorney April Wilson said she thinks the hearing went well.
"The judge listened to all of the arguments. I think he will take everything into consideration before he makes a decision," said Wilson.
Attorney for the prosecution, Tim Reuschel said he also believes the judge listened to both sides and will do his best to reach a decision.
Wilson represents defendants Schuyler County Clerk Bree Shaw and Lindsay Gravett who was elected Schuyler County Prosecutor in the November general election.
The case was heard by Circuit Judge Jack Peace in Putnam County after Schuyler County Circuit Judge Gary Dial recused himself in the case.
"[The judge] asked questions of both sides and I think he's got questions about what he needs to read in the statue of the law," said Wilson.
Judge Peace said he will review all statutes and try to reach a decision before the end of the year.
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