FORT SCOTT, Kan. — Bourbon County Attorney James Crux has certified a recall petition against County Commission Chairman Samuel Tran, the second recall petition filed against an elected county official in less than a month.
In a letter sent to the recall committee members, Tran and County Clerk Susan Walker on Tuesday, Crux said the petition appeared to be in proper order and contained all statutorily required elements. FortScott.biz first published the letter early Tuesday afternoon.
The primary ground for the recall alleges a "Failure to Perform Required Duties". While a copy of the petition itself has not been released, the Bourbon County Monitor has filed a Kansas Open Records Act (KORA) request for the document.
"Ultimately, after a review of case law and applicable statutes, I find that the stated basis of Failure to Perform Required Duties has been alleged with sufficient particularity and contains a nexus to the duties of County Commissioner," Crux wrote.
The allegations center on claims that Tran failed to comply with state statutes regarding the passing of a budget in 2025. Crux noted that these alleged violations were reported in a 2025 audit presented to the county in May 2026.
The audit, conducted by Jarred, Gilmore & Phillips, P.A., and presented to the commission during its May 5 meeting, noted that expenditures in the Jail Bond and Interest Fund exceeded the adopted budget, in violation of state law.
Crux stated that, assuming the facts are true for the purpose of the review, the failure to pass an appropriate budget constitutes a failure to perform required duties.
Crux also emphasized that the county attorney's role is not to judge the veracity of the claims.
"[T]he truth or falsity of the grounds must still be determined by the electorate, not the county or district attorney," Crux said, citing the Kansas Court of Appeals' 1995 ruling in Baker v. Gibson.
Tran was appointed to the commission by the Bourbon County Republican Party on June 11, 2025, to fill the seat vacated by District 1 Commissioner Brandon Whisenhunt. He was sworn in June 22, 2025. His partial term ends in January 2027.
The recall committee now has 90 days to collect the required number of signatures from registered voters in District 1 to trigger a recall election. The number of signatures required depends on votes cast in the last election for the district — a figure that may be affected by recent redistricting.
A copy of Crux's letter, as well as the 2025 Bourbon County audit, is linked below.
