Madison County Circuit Judge William Storey deferred judgment against a former Madison County District Court clerk and, instead, placed her on a year of probation and ordered her to pay restitution.
Easter Michelle Bohannan, 41, appeared in court Tuesday on a theft charge in connection with money that was not deposited to the District Court.
Bohannan entered a guilty plea, but under Act 346 of 1975, which governs probation for first-time offenders, the judge did not accept the plea but deferred taking action for one year.
Court records show that Bohannan already has paid all $1,160 in restitution, plus $170 in court costs and fees.
If Bohannan fulfills all the terms of her probation, her record can be expunged, said her attorney, W.H. Taylor of Fayetteville.
"She can truthfully say she has never been convicted," he said. "It's like it never happened."
Bohannan was chief court clerk from April 2008 through July 15, when she was fired.
State auditors discovered discrepancies in the collection of court costs and fines, and an investigation by the Legislative Audit Division found $1,160 in payments made to the District Court were not deposited between September 2012 and July 15.
An investigator for the division found five fraudulent transactions, according to court records. The investigator reported in an affidavit that Bohannan admitted to taking $640 to pay bills.
Bohannan was booked on a charge of felony theft, later reduced to a misdemeanor.
The charge was reduced to a misdemeanor because of the difficulty the prosecution faced in proving she had taken the full amount found to be missing, prosecutor Matt Durrett said.
Ex-clerk ...
Metro on 07/12/2014