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Friday, June 09, 2006

Ind. Courts - Martin County judge jails county clerk

Here is the Washington Times-Herald detailed story by Laura Thigpen on the jailing of the Martin County clerk, supplementing this ILB entry from yesterday:

SHOALS — Martin County Clerk John Hunt spent about two and a half hours in jail Wednesday when Circuit Court Judge Joe Howell charged him with criminal contempt of court just before 4 p.m.

The contempt citation was filed by Howell because the clerk’s office was making it impossible for the court to function, Howell said. He also cited Hunt for falsely certifying a case was completed when it wasn’t, he explained.

Since March 24, few if any cases have been settled and bond money has not been returned due to the backlog in the clerk’s office, according to Howell. The citation charged that Hunt “failed to release and transfer bond proceeds as directed in two separate orders in a timely manner.”

Hunt, who took over the clerk’s office March 24 following a court battle with former Chief Deputy Clerk Linda Nolan for the position, had no experience when he began his tenure, replacing former Clerk Debbie Christmas who resigned in January.

Since then, Howell has regularly notified the county council, commissioners and Hunt and his staff, that the clerk’s office wasn’t up to date or up to speed with their duties as “clerk of the court.”

Because they’re behind, the problem surfaced Wednesday when Howell discovered that a former defendant who had posted a $750 bond upon her arrest had not yet received the money she had coming to her after court and probation costs were subtracted. Bond is posted to get someone out of jail, and to ensure he or she will show up for scheduled court dates, money left over is returned once the case is completed.

Howell signed the order for the woman to receive her money on May 15. On May 31, Hunt signed a certification that his office had fully complied with Howell’s orders, and her money returned. It hadn’t, however, and 35-year-old Sonya D. Holt called Howell’s office, complaining about not receiving her remaining bond money.

After trying to discover what happened, Howell asked Hunt and his staff to come downstairs to the courtroom, and after charging the clerk, Hunt was arrested by Martin County Sheriff Tony Dant and incarcerated in the Martin County Security Center.

Howell also cited Hunt with falsely certifying he’d reimbursed Holt when she reported the office had not yet returned her money. But after initially ordering Hunt to spend 48 hours in jail, he amended the order to serving two hours.

Martin County Prosecutor Mike Steiner said the judge’s action took him by surprise and so could offer no comment on the matter.

The original contempt charge carried with it a $1,000 fine and 48 hours in jail, but Howell amended the citation late Wednesday afternoon, allowing Hunt to leave the security center at about 6:15 p.m. He’s still responsible for the fine, however, and must pay it by 3 p.m. next Wednesday.

Hunt was contacted this morning but chose not to comment on the situation.

Posted by Marcia Oddi on June 9, 2006 05:31 PM
Posted to Indiana Courts