Scott County hearing now set for Friday

A hearing to decide whether the Scott County Sheriff’s Office will move its location to the Scott County Jail is scheduled for Friday, Jan. 6.

In a hearing Friday, Dec. 30, for the case of the Scott County Commission, et al v. Scott County Sheriff, et al, Pemiscot County Circuit Judge William Edward Reeves, who was assigned by the Supreme Court to hear the case, considered several motions before scheduling the Jan. 6 hearing.

On behalf of Scott County Sheriff Wes Drury, attorney Daniel Thomas Moore filed a motion for continuance and a motion to dismiss a temporary restraining order were denied while the motion to dismiss for failure to state cause or claim of action was taken under advisement by Reeves on Dec. 30.

Former Scott County Prosecuting Attorney Amanda Oesch, who will now serve as special counsel for the county commission, filed an amended petition asking for a temporary restraining order. A hearing for the temporary restraining order was held Dec. 30, and the matter was taken under advisement.

According to Oesch, a temporary restraining order serves as an avenue a party can use to get immediate relief when they feel like their rights are being impeded on and the only remedy is immediate action by the court. Without that immediate action by the court, there would be irreparable harm to the party, she said.

On Dec. 19, on behalf of the Scott County Commission, Oesch filed a petition in Scott County’s 33rd Judicial Circuit for a “writ of mandamus or injunction” against Drury. A mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion.

Through the petition, Oesch asked for an order to make the sheriff move offices from the “Sheriff’s Office” building located behind the Scott County Courthouse and adjacent to the “Judicial Building” in Benton to the top level of the Scott County Jail to make room to add a courtroom and jury space in the current sheriff’s office building.

“We’re looking to get some finality for the taxpayers and Scott County so we can move forward with the courtroom construction and the jury room construction, so that we can put this behind us and move forward,” Oesch said. “And the commission can start working with the sheriff instead of being on opposing sides so they can work together and try to make Scott County better.”

Once the full hearing is held Jan. 6, the judge will decide whether to grant the writ of mandamus and injunction.