HANNIBAL, MO. -- According to the Hannibal Courier Post, the attorney for Hannibal Fire Chief Tim Carter has asked a judge to disqualify City Councilman Jim Behymer from an impeachment hearing against the suspended administrator.
The attorney, Neil F. Maune, argues in the motion that Behymer is related by marriage to City Attorney James F. Lemon, who will serve as prosecutor.
If Judge David C. Mobley rules in favor of Carter, it could have a profound impact on the outcome of the impeachment.
The case will be heard at 8 a.m. June 29 at the Ralls County Courthouse in New London, where Mobley is an associate judge.
A hearing on the motion has not been set.
Lemon said Behymer is the brother of his wife’s deceased stepfather.
He and Behymer were upset by the motion.
Carter, 39, has been a Hannibal firefighter for 17 years and was appointed chief in September 2006.
He continues to receive more than $5,700 a month in salary and benefits.
Under terms of his administrative leave, Carter would be paid through Dec. 1, 2010, then resign and receive a full pension starting two years later.
If he is impeached, he will be fired immediately and lose his pension. Carter has asked for a separate administrative hearing before Mobley, but it has not been scheduled.
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