SOUTHAVEN, MS (abc24.com) - Who will hear the traffic case against Southaven Mayor Greg Davis? He was arrested at the end of March. His court hearing was postponed May 2nd. The prosecutor and every justice court judge in DeSoto County refuses to handle the case, but a new judge hasn't been chosen.
"We have had several cases where we've had to bring a special judge in, and there are several cases we've had to get a special prosecutor," says Justice Court Clerk Shirley Beshears. "It happens depending on who gets the traffic violation."
She says the paperwork is being processed for Davis' case and a new date should be set soon.
"I've sent a request to the Circuit Court Judge Chamberlin in Hernando requesting a special judge and a special prosecutor to hear the case."
Davis first appeared in court pleading not guilty to two misdemeanors: passing a stopped school bus and using flashing blue lights on his personal car.
The mayor had a history with his original judge, prompting the request to bring in someone from outside the county.
"If the mayor is found not guilty, some out there would be saying 'Oh it was a fix. He was friends with the judge, friends with the prosecutor.' There are always naysayers out there," says Davis' attorney, Steve Farese. "This is to prevent any appearance of impropriety."
There are provisions for how the new judge must be chosen. "It's usually an adjoining county justice court judge that's appointed, so it would be Marshall, Tate or Tunica."
Whoever is chosen will travel to Southaven to hear the case in DeSoto County's Justice Court.
As far as whether that will cost the county any money, "It does not," Beshears says. "I think we provide the mileage for the judge that comes in. Just mileage. Other than that, it's no additional cost."
She thinks the case can be presented in one day, but doesn't know if the judge will rule on that day.
The trial should happen in the next couple of months.