| A trial for Wirt County Assessor Debbie Hennen is scheduled for the end of this month in circuit court.
Judge David Waters will first rule on a request by Hennen's attorney to drop the charges against her.
Roane County Prosecutor Joshua Downey is a special prosecutor in the case.
Defense attorney Michele Rusen says a separate order appointing Downey should have been entered when Hennen's case was appealed to circuit court.
"It's our position that case law requests that these orders of appointment have to be narrowly chosen, have to refer to particular cases," Rusen said, "and that simply has not happened here."
The appeal came when Hennen was found guilty in February and fined $100 for altering a public record.
A separate charge of intimidating a witness had been dismissed.
The WV State Police in Elizabeth reportedly spent several months investigating Hennen, who allegedly altered a time sheet on a contracted employee, reportedly related to one days work.
See related stories:
WIRT ASSESSOR ARRESTED FOR INTIMIDATING A WITNESS
TIME SHEET AT CENTER OF CHARGES AGAINST WIRT ASSESSOR
WIRT ASSESSOR FACING ALLEGATIONS BY OFFICE WORKERS
WIRT ASSESSOR FACING NEW CHARGES
WIRT ASSESSOR LOOKING FORWARD TO DEFENDING HERSELF
INTIMIDATION CASE DROPPED AGAINST WIRT ASSESSOR
UPDATED: MAGISTRATE FINDS WIRT ASSESSOR HENNEN GUILTY
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