President judge threatens to hold clerk of courts in contempt
President Judge John DiSalle is threatening to hold Clerk of Courts Brenda Davis in contempt if her office does not follow his recent orders to “cooperate fully and in good faith to ensure a successful transition of collection functions” with the Adult Probation Office.
DiSalle’s administrative order filed Friday in the Washington County Courthouse prothonotary’s office laid out his expectations about the proper filing procedures and cooperation from Davis after the collections staff in the her office was moved to adult probation on June 1.
“The Clerk of Courts shall cooperate fully and in good faith with the Court, and its designees, including the Chief Adult Probation Officer, to facilitate the administration of justice and the collection of fines, fees, costs, and restitution,” DiSalle wrote in the order.
“The Clerk of Courts is not an independent agency, rather, it exists to maintain files for the Court of Common Pleas, and to serve the judiciary and the public,” DiSalle’s added in his order. “The Court may initiate contempt proceedings upon a failure to adhere to the requirements set forth in this Administrative Order.”
DiSalle’s order also states the clerk of courts “shall make personnel available to review bookkeeping and financial functions related to collections and disbursement functions that were previously handled by her office to ensure a productive transition of collections” to adult probation.
Adult Probation Chief Jon Ridge said Tuesday he could not comment on the order or the level of cooperation his department is receiving from the Clerk of Courts office.
But DiSalle said it’s been an ongoing problem since the collections staff was moved out from under the direction of Davis last month.
“There’s been this passive aggressive response to the transition there,” DiSalle said during an interview in his chambers Tuesday.
Reached by telephone Tuesday afternoon, Davis said she was not aware of any issues with the transition process, and that her remaining staff has been working with adult probation over the past few weeks. However, she declined to say if she had read the entire order or planned to meet with DiSalle.
“I am reviewing the order and will do my best for Washington County and the law,” Davis said.
The county commissioners voted unanimously May 20 to transfer the collections workers from the clerk of courts office to serve in adult probation, which upset Davis over concerns about losing several staff members from her office. Over the past month, people who needed to pay restitution, reparations, fees, costs, fines and penalties have gone to probation office located inside the Family Court Center annex attached to the courthouse.
DiSalle wrote an administrative order May 28 formally implementing the changes and his staff worked to relocate the workers to adult probation. DiSalle said at the time payments are made at adult probation offices in many counties across the state, including in Washington County until the mid-1990s when the clerk of courts assumed the role.
DiSalle’s order also requests the clerk of courts to complete and process state Department of Transportation forms showing fines and fees have been fully paid and a defendant’s confinement has been completed to allow people to restore their driver’s licenses.
“Apparently, there is still some struggle there,” DiSalle said of those filings.
The order also requires the clerk of courts to enter sentences and assess restitution, reparation, fees, costs and penalties until the chief adult probation officer notifies Davis that the work will be completed by the recently transferred collections unit in adult probation.
Fee payments for the Alcohol Highway Safety School tuition, Court Reporting Network evaluations and Community Service Administration fees “are to be completed in the same manner” as they were done before May 7, DiSalle’s latest order reads. Davis has taken issues with how those fees are processed through the treasurer’s office rather than through the clerk of courts, citing state Auditor General Timothy DeFoor’s recent audit claiming that the funds are being paid to the county instead of the state. But DiSalle said those payments have been handled “in house” through the treasurer’s office since 2016, and he sees no need to change that process since the money ultimately for the county.
“It’s paid (and) it goes into the account,” DiSalle said. “It’s a county fund.”
DiSalle said he has no timeline for one when contempt proceedings might begin if he feels Davis is not complying with his orders.
“Just keep an eye (on it). Hopefully it won’t be a problem,” DiSalle said. “Hopefully it doesn’t come to that.”