Monday, August 12, 2013
Editor's Note: This week's Times reports that Gene Simmons, the Pocahontas County Prosecuting Attorney is serving as the defense attorney for a private case which would be contrary to law. We got an email from Pappy Montanus which broaches the question so we did some research.
1. The Prosecuting Attorney of our county is "full-time"; he can't represent private interests.
2. Gene Simmons is the prosecuting attorney of Pocahontas County.
3.Gene Simmons was a lawyer for one of the parties in this case before he because prosecutor; hence he would have to recuse himself from this case.
4. One courthouse source confirmed that he had recused himself but no court record was on file for such a recusal.
5. We will check back with the court to see what has happened!