PINE BLUFF -- A special prosecutor assigned to the case against Jefferson County Clerk Patricia Royal Johnson said Friday during a pretrial hearing that four theft of property charges filed against her in connection with a legislative audit could either be amended or dropped.
Special prosecutor Jack McQuary said he is researching the matter, and another hearing will take place on Oct. 2.
A message left for Johnson's attorney, Austin Porter of Little Rock, wasn't immediately returned Friday afternoon. Johnson has deferred all comments on her case to Porter.
The three-term county clerk was charged in April with 10 counts of forgery, one count of abuse of public trust and four counts of theft of property concerning the findings of an audit conducted by the Arkansas Division of Legislative Audit.
A Legislative Audit report released in February showed that since 2009, Johnson, 67, had issued more than $60,000 in bonuses to employees without seeking approval from the Quorum Court.
McQuary said he is researching whether state laws could have allowed the bonuses.
The audit also showed that Johnson "prepared payroll documents which indicated the employees were being compensated for overtime worked. The number of overtime hours reflected on this document (970) far exceeded the number of overtime hours actually worked (55), according to time clock reports."
The county's personnel policy requires that salaried employees receive compensatory time rather than overtime.
While the case proceeds, Johnson has remained on the job at the Jefferson County Courthouse.
Retired Pulaski County Circuit Judge John Langston is presiding over the case. Both the special judge and special prosecutor were appointed to the case after Jefferson County's prosecutor and circuit judges asked to recuse.
A trial date has been set for Oct. 8.
Scott Perkins, a spokesman for the Association of Arkansas Counties, has said there is nothing in state law that prohibits Johnson from returning to her job.
"She is only charged with a crime at this point," Perkins said. "Until it is adjudicated, she can return to work."
State Desk on 09/26/2015