The vacancy left by the recent resignation of Judicial Commissioner Taft Hendrixson due to health problems will not be filled until the county re-advertises for applicants.

The county commission voted at Monday night's regular monthly meeting to re-advertise for two more weeks for applications. The county judicial committee will receive the applications for review, and make a recommendation to the commissioners.

While county officials recently advertised the opening, only one application was received, from the wife of a Smithville police officer. Judicial committee members expressed concern that the relationship might be seen as a conflict.

Some involved apparently questioned why James Harvey Barnes, one of the current judicial commissioners, being the sheriff’s uncle is not a conflict as well. County Attorney Hilton Conger said at the meeting that he has contacted a state judicial ethics committee attorney get an opinion on the matter, but had not heard back as of Monday night.

If it is determined that hiring the police officer's wife would not cause a conflict, she may still be considered for the position along with any other applicants.

Conger said that the Sheriff's uncle serving as a judicial commissioner may not be a conflict because the sheriff seldom signs warrants.

"I don't ever see the Sheriff signing any warrants," Conger said. "His deputies do, but the Sheriff doesn't usually request a warrant. I don't know if his uncle being a judicial commissioner would have any bearing on that, but I could certainly see a husband and wife situation. It might raise a conflict and we don't want to do anything that at least appears improper."

Hendrixson’s resignation, Barnes, and Tammy Ashburn are the remaining judicial commissioners. The three were recommended by the judicial committee and appointed by the county commission last September for one-year terms.