FRANKFORT, Ky. — Prosecutors have responded to a suspended Pike County judge’s motion to dismiss federal fraud charges against him, and, unsurprisingly, have reached a different conclusion.

Pike Circuit Judge Howard Keith Hall was indicted back in April on two counts of mail fraud and one count of theft of government funds.

The charges stem from his tenure as county attorney. He is accused of hiring an assistant county attorney, who Hall has identified as Michael Shane Hall, who prosecutors say was required to work at least 100 hours a month, but performed almost no work for the office. In exchange, prosecutors say Michael Shane Hall was paid more than $440,000 in salary and benefits over a 10-year period.

Attorneys for Howard Keith Hall filed a motion to dismiss the indictment last month, saying there is no statutory requirement that assistant county attorneys work any specific amount of time, much less 100 hours a month.

However, in their response, prosecutors included a copy of the Prosecutors Advisory Council Administrative Manuals, which state assistant county attorneys are required to work an annual average of 100 hours a month.

The prosecution’s objection to dismissing the case also notes that many of the arguments for dismissal raised by Howard Keith Hall’s team are actually matters that a jury should weigh.

Howard Keith Hall’s attorneys now have two weeks to file a reply to the government’s objection. After that, the judge will rule on the matter.

A full copy of the prosecution’s response can be found below: