HOPKINS, REYNOLDS AT ODDS ON RESIDENCY

MARBLE HILL -- When Gov. Mel Carnahan deliberates over whom to appoint as prosecutor in Bollinger County, he will also have to consider residency issues that have come up.

Bill Hopkins says because he was the only qualified lawyer who was a resident of Bollinger County on Nov. 21 when the Democratic Central Committee made its recommendation, he was the only person qualified to be considered.

But Scott Reynolds of Cape Girardeau, who received the committee's endorsement, contends state statutes only require him to be a resident prior to appointment by the governor.

Prosecutor Paul Hahn, who did not seek re-election, advised the committee that based on his reading of the statutes, Hopkins was the only qualified candidate.

"I also said the statutes did not exclude the possibility of someone becoming a resident to be appointed, but at the time of this meeting, the only resident was Hopkins." Hahn said the law is ambiguous and said three opinions he received from the attorney general's office did not match this situation.

It isn't uncommon for smaller counties to have no qualified lawyers for positions like prosecutor or associate circuit judge. State law gives the governor the authority to appoint a non-resident in those cases.

Armed with a resume, an outline of a speech and a desire to serve, Reynolds arrived at the county courthouse Nov. 21 to seek the committee's endorsement. Reynolds said he went to the meeting because he had heard conflicting reports on whether Hopkins wanted the post. He added that he had not studied the residency statutes until that night.

During his interview with the central committee, Reynolds promised to move to Bollinger County if he got the appointment. He has since moved to the county, something Reynolds believes strengthens his position.

Chris Sifford, an aide to the governor, said a decision would be made soon. He noted that someone on the staff was looking into the legal issues.

Hahn is paid $25,225.80 as prosecutor and can also maintain a civil practice. The caseload fluctuates in the office, but Hahn said the prosecutor must be prepared to set aside his civil work on a moment's notice.

The county provides a small office the top floor of the courthouse for the prosecutor, but Hahn rarely uses it. He rents office space at the intersection of Highways 34 and 51, sharing a building with a video rental store.