Shannon County prosecutor and attorney face off in courtroom over restraining order petition

EMINENCE, Mo. (KY3) - The Shannon County Sheriff’s Office faces accusations from county commissioners of overspending, leading to a court case where the county’s prosecutor and the county’s special counsel attorney went face-to-face in court.

In the courtroom on Monday, the prosecutor sought a temporary restraining order against the county commissioners, which, if granted, would prevent the commissioners from failing to pay deputies’ wages or firing the deputies.

The complaint also claims that the commissioners violated the state’s Sunshine Laws, which ensure public access to government meetings, records, votes, and other things.

The petition comes in response to the county commissioners’ claim that the sheriff’s office spent 75% of its allotted yearly budget in just the first six months of the year. Deputies were to be fired, and if they wanted to continue working, it would have to be on a volunteer basis.

The county’s prosecutor, William Seay, filed the petition against the county both as a private citizen and in his official capacity as prosecutor. But that’s where the issue with today’s hearing lies. According to the county, Seay’s status as a county employee created a conflict of interest, so the county filed to have the petition dismissed.

“There’s an ethical principle that governs the license of attorneys, and you cannot represent the people on both sides of the table,” said Ivan Schraeder, special counsel to the Shannon County Commission. “In this case, there’s a specific principle for the prosecuting attorney that he cannot bring any action against the county, and that’s what he did.”

Within the county’s file for dismissal, they allege a conflict of interest, a lack of jurisdiction, and claim that the petition wasn’t served correctly. Judge Steven Privette agreed with the county’s motion, and the petition was dismissed. However, the judge did say that Seay could file the petition again if he chose.

Seay told KY3 that he wasn’t available for an interview, but did say he had already filed it again, with a hearing scheduled before a different judge for 1 p.m. Tuesday.

To report a correction or typo, please email digitalnews@ky3.com. Please include the article info in the subject line of the email.