A trial date of Jan. 9, 2012, for Lincoln County Circuit ClerkTerry Lynn Watkins was ordered at a hearing Friday before SpecialStatus Judge William Coleman.

Watkins stands charged with 14 counts of embezzlement thatinvolve more than $130,000. She has pleaded not guilty.

Matt Kitchens, Watkins’ defense attorney, argued that her dutiesas circuit clerk and the demands of her current re-electioncampaign necessitate that the trial take place next year.

“In the interest of due process, we request the trial be moveduntil next year,” Kitchens said.

Kitchens also argued that the defense requires more time toexamine the state’s evidence in the case.

“The state has been investigating this case for years. Thedefense just got the evidence,” he said. “It would be fundamentallyunfair to proceed.”

Coleman agreed with the defense, setting a trial date in Januaryof next year.

Therefore, Lincoln County voters will have a candidate on theupcoming election ballot with an unresolved criminal charge.

“I’m not to happy about that,” said District Attorney DeeBates.

Bates argued the necessity for speed at Friday’s hearing.

“It is incumbent the trial proceed,” he said.

Watkins has served four terms as circuit clerk.

In seeking a fifth term, Watkins faces a Democratic primarychallenge from Josh Davis. The Democratic primary winner will facethe Republican primary winner, either Dustin Bairfield or MikeWalley.

Party primaries are scheduled for August 2. The general electionwill take place on November 8.

If Watkins is re-elected and subsequently convicted, Kitchenspointed out that a special election to fill her vacant positionwould not cost the county any extra money. General elections,including those for president and United States Senate, will takeplace in the fall of 2012.

The governor would appoint someone to fill the positions untilthe fall elections if Watkins were convicted, according toKitchens.

Regarding the evidentiary matter, the prosecution must itemizeall documents it intends to enter into evidence and provide them tothe defense. Coleman ordered the prosecution to do so by July15.

With a date set, Coleman wants no further delays.

“When I set this case for trial, I want it to go to trial. Idon’t want anything else to interfere,” Coleman said.

Coleman said that he hopes the trail will take no more than aweek. Others present at the hearing, including Kitchens, suggestedtwo weeks may be necessary for the trial.

Kitchens said that he expects jury selection for the trial totake some time due to Watkins’ position in county government.

Kitchens had no comment when contacted after the hearing.

Watkins was first indicted on embezzlement charges lastNovember. Coleman threw out that indictment on Jan. 6 due tovagueness in the indictment’s language.

Watkins was indicted a second time on February 15. Theindictment alleges that between 2004 and 2006 Watkins embezzled$131,148.