MIDDLEBURG — Snyder County First Assistant District Attorney Michael Hudock disputes a county judge’s interpretation of a state law barring him from taking over as district attorney because he doesn’t meet the residency requirement.
But Hudock is quick to add that he doesn’t want to stir controversy and may not challenge the issue.
“I have not made a final decision. We don’t need any controversy in the criminal justice system because I want to be DA,” Hudock said Friday.
The position will become vacant Jan. 4 when District Attorney Michael Sholley is sworn in as judge in the 17th Judicial District of Snyder and Union counties.
According to the state’s county code, a first assistant district attorney fills the vacancy. If the first assistant is “unwilling or unable to serve,” the court of common pleas judges appoint a replacement.
The statute also requires any person appointed or elected to the position to be a resident of the county for at least a year.
That prohibits Hudock, a Union County resident, from filling the role of chief prosecutor, Union-Snyder President Judge Harold F. Woelfel Jr. said.
But Hudock disputes that interpretation.
He said if he moves into Snyder County anytime before Sholley resigns, he should automatically take over and not be subjected to the year residency clause since he would neither be appointed or elected to the post.
Woelfel, who would hear arguments on the matter if challenged, declined Friday to comment.
The judge plans to begin accepting applications from qualified candidates for the district attorney position in January, after Sholley is sworn in as judge. A successor could be named within weeks.
Still unclear is whether Hudock will press the issue.
While he would like to serve as Snyder County’s chief prosecutor, Hudock said, he’s not interested in adding to the upheaval that will occur when Woelfel moves his chambers from Snyder county to Union county and Sholley takes over as judge in Snyder County.
“The job is hard to do on its own,” he said.
Hudock, who has a private law practice in Mifflinburg, said he’d like to keep working as assistant district attorney if he doesn’t land the top job.
“If I can keep the job, it’s a strong factor,” he said.
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