Special judge, prosecutor will be named in Southaven mayor's tra - WMC Action News 5 - Memphis, Tennessee

Special judge, prosecutor will be named in Southaven mayor's traffic case

(WMC-TV) - A special judge and prosecutor are expected to be named in Southaven Mayor Greg Davis' misdemeanor traffic case.

DeSoto County Justice Court Clerk Shirley Beshears in Southaven says that Davis' attorney, Steve Farese, requested that all justice court judges recuse themselves from the case.

After paperwork was submitted late last week, it appears that is exactly what will happen.

The trial will be in Southaven, but that is about all we know about the pending traffic case against the Southaven mayor.

"All five justice court judges have recused themselves from hearing the Greg Davis case," Beshears said.

Davis is accused of using flashing blue and red lights on his personal vehicle while illegally passing a school bus, both are misdemeanor offenses.

Farese has said in past interviews that Davis passed the bus to see the license tag of another driver who went by the bus first.

Beshears said no judge in DeSoto County will hear the case.

"I've submitted a request to Judge Chamberlin and Judge Chamberlin will appoint a special judge and a special prosecutor to hear the case," she said.

The case is separate from investigations into Mayor Davis' alleged misuse of tax payer money, but one that continues to keep the embattled mayor in the spotlight.

Beshears expects to set a trial date once appointments are made, but will the special request cost taxpayers more?

"We have to pay the special judge mileage, but from my understanding, the judge has to be appointed from an adjourning county so that would have to be Marshall, Tate, or Tunica so you're not looking at much expense," said Beshears.

According to Beshears, Farese asked that all DeSoto County justice court judges pass on the trial to avoid any perception of impropriety by the public.

She says it's not a typical request, but it does happen. "Probably three or four times since I've been here, so it's not unusual," said Beshears.

I reached out to Davis, but he said he hadn't heard from justice court yet and likely wouldn't be able to comment since the case is under investigation.

A phone call to Farese was not immediately returned by news time.

Copyright 2012 WMC-TV. All rights reserved.

Powered by Frankly