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Special prosecutor to examine issue with clerk of courts

By
-
The Highland County Press

C. David Warren from Athens County has been named as a special prosecutor to
look into an issue regarding Highland County Clerk of Courts Paulette
Donley.
Highland County Prosecutor Jim Grandey told The Highland County Press last
week he would not handle any potential investigation. On Feb. 3, Grandey
said Warren would be handling the matter.
As reported in the Jan. 30 HCP, a new standing procedural order has been
placed in the Highland County Clerk of Courts office, following an incident
on Saturday, Jan. 16.
An inmate at the Highland County Justice Center was released after an
own recognizance bond was signed by Donley, rather than by a judge,
prompting Common Pleas Court Judge Rocky Coss to issue the standing order.
   Judge Coss declined to discuss the incident in detail, but told The
Highland County Press he had met with the clerk and Highland County Sheriff
Ron Ward.
   Ward said the inmate had been arrested in Loveland, and was found to
have a warrant in Highland County for failure to pay child support or report
to jail.
   The inmate (Jay Livengood) was taken to the Highland County Justice
Center on Jan. 16, Ward said. The inmate's mother posted a $500 payment and
he was released on a bond signed by Donley.
   According to Judge Coss, Donley does not have the authority to set the
bond. He said a standing order has been issued to ensure it doesn't happen
again.
   "I know I made an error in judgment," Donley told The Highland County
Press. "The jail called me on a Saturday morning and said the inmate's
mother was there with the $500 and I was asked if we could let him post
that. I did try to call the judge's office. He had been there earlier. I
immediately faxed the CSEA (Child Support Enforcement Agency) and called the
magistrate. She said 'That's one way to get it collected.'
   "The magistrate also said it's not technically right and she would
report it to the judge."
   Donley said she did not know the inmate or his mother and that no
favoritism was shown. She said her office would comply with the judge's
order.   
   Ward said the judge was sending the matter to Highland County Prosecutor
Jim Grandey for review.
    "It wasn't my opinion that there wouldn't be anything filed and my
office is not investigating it," Ward said. "Paulette admitted the error and
said she was 'thinking with her heart instead of her head."
   Ward also said he saw no reason to change any policy or procedures at
the Justice Center. "We're not attorneys," Ward said. "When an order comes
from the court, we have to expect it to be correct."[[In-content Ad]]

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