Judge weighs Calhoon dual-role dispute in Atchison County case

The fight over John Calhoon’s dual roles has moved from courthouse paperwork to a decision that could alter how Atchison County is governed. At stake is whether Calhoon can keep his 2nd District commission seat while also serving as Jackson County undersheriff, a question that could affect county decision-making, legal expenses and public trust in the board.

Atchison County Attorney Sherri Becker filed a quo warranto petition on March 10, asking the court to order Calhoon to resign from one of the two positions. Her filing argued Kansas law does not allow one person to hold both offices because the undersheriff post carries law-enforcement authority and qualifies as a public office. The dispute intensified quickly after Calhoon was selected at the Jan. 29 Atchison County GOP convention, formally appointed by Gov. Laura Kelly on Feb. 6 and sworn in as commissioner on Feb. 17.

Calhoon answered on April 14 by denying that he is serving unlawfully. He asked the court to dismiss the case, sought attorney fees and demanded a jury trial on issues that can be tried that way. He also argued the challenge was brought under the wrong procedure and too late under the rules that would apply in an election-style dispute. That leaves the judge to sort out not only whether the two offices conflict, but whether Becker used the right legal path to challenge the appointment.

The case has already drawn attention inside county government. County Counselor David Van Parys told commissioners the board had no role in the lawsuit and should let the district court process continue. Commissioner James Campbell had asked for the matter to be discussed at a commission meeting, a sign that the dispute has started to touch the board’s day-to-day work even as officials try to keep county business separate from the lawsuit.

Discovery has also pushed the case deeper into the county’s political history. Calhoon’s attorney subpoenaed Sheriff Jack Laurie for a deposition and requested communications involving Laurie, Becker and Calhoon from Dec. 1, 2025, onward, including materials tied to Laurie’s concern that the dual roles could create a conflict of interest. Laurie defeated Calhoon in the 2012 sheriff’s race, and Calhoon later ran again for sheriff in 2020 and lost, giving the current legal fight a long personal backstory.

Kansas guidance on public officers says incompatibility can exist when one office interferes with another or when one office supervises or controls another. State law, including K.S.A. 19-205, also says a person holding any state, county, township or city office is not eligible to serve as county commissioner. However the judge rules, the decision could reach beyond Calhoon’s seat and set the tone for how Atchison County handles future questions about divided loyalties, legal authority and who gets to govern.