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Benton County judge urges McCollum not to take office after election

Booking photo of state Rep. Austin McCollum on Saturday, August 1, 2026.
(Benton County Sheriff’s Office)
Booking photo of state Rep. Austin McCollum on Saturday, August 1, 2026.

Benton County Judge Barry Moehring is urging the presumed incoming judge and former state representative, Austin McCollum, not to take the oath of office following the upcoming midterm election.

During a press conference yesterday, Moehring, who intends to retire after his term, said he is willing to stay on until the Quorum Court names a successor by the end of February of 2027.

"I would continue serving temporarily to provide stability while the incoming Quorum Court fulfills its responsibility to declare a vacancy and appoint a new county judge."

Article 19, Section 5 of the state constitution allows an elected official to remain in office until a candidate is elected and qualified.

McCollum is the sole nominee on the ballot for Benton County judge. He pleaded not guilty this week to three felony charges of domestic battery, false imprisonment and aggravated assault of a family member stemming from an Aug. 1 arrest related to accusations that he attacked his wife.

Moehring pointed out McCollum has not yet been convicted.

"It is my firm opinion that Mr. McCollum should not take the oath of office. Doing so would be a disservice to the people of Benton County, whom he campaigned to serve. In my judgment, with the specter of a potential felony conviction hanging over his head, combined with the seriousness of the charges he faces, Mr. McCollum would have neither the confidence nor the trust necessary to effectively carry out this vital role. He should not attempt it."

McCollum resigned from his position as state representative for District 8 last month, but has not dropped out of the judge's race or commented on if he intends to take the office.

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Daniel Caruth is KUAF's Morning Edition host and reporter for Ozarks at Large<i>.</i>
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