BENNINGTON – A former Windham County assistant judge was placed on three years of probation Tuesday for stealing $8,500 in county funds by misrepresenting the hours she’d worked.
Former judge Patricia Duff, 61, of Vernon pleaded guilty to a felony charge of grand larceny under an agreement with state prosecutors. In exchange for Duff’s guilty plea, her sentencing was deferred for three years — during which she’d be on probation.
At the Bennington Superior criminal court on Tuesday morning, Judge David Howard read aloud Duff’s written admission of stealing public funds: Between Jan. 1 and June 4 of last year, she overreported to the county treasurer the number of hours she’d spent hearing court cases. Because of this, she collected $8,518.40 for hours she didn’t work.
“I did this on purpose and not by accident,” Duff had written. “I knew that I was taking money from Windham County that did not belong to me and was not owed to me. When I took this money, I intended to permanently deprive the county of this money.”
Her probationary conditions include not committing another crime, undergoing screening for mental health issues and completing any treatment recommended.
Deputy State’s Attorney Steven Brown asked that, as part of the plea deal, Duff also be ordered to pay back the county for the money she took. The prosecutor said the county’s two current assistant judges agreed with the resolution in the case.
Public defender Kate Lamson said Duff shouldn’t have a problem complying with the repayment request.
Duff declined to speak when given a chance. Her case was resolved relatively fast compared with similar felony cases. She signed the plea deal in April, two months after being criminally charged.
Howard, a retired judge who stepped in because Bennington’s presiding criminal court judge recused herself, accepted the recommended plea deal. He said he found it to be an appropriate resolution given Duff’s “prosocial life” before she committed a felony.
During the months that spanned her offense, Duff had put in 96 hours handling court cases but had reported working 448 hours. The county then paid her $10,800 when she’d been entitled to only $2,300, resulting in an excess of $8,500, according to Vermont State Police, who investigated the case.
Under the plea agreement, prosecutors also dismissed Duff’s other felony charge of false pretenses exceeding $900. Both her charges carried potential prison sentences of up to 10 years.
If she successfully completes probation, Duff’s deferred sentencing means the conviction will disappear from her record after three years. If she commits a violation, she could be sentenced up to the maximum penalty for grand larceny.
In state police’s statement of probable cause for Duff’s charges, Detective Sgt. Jesse Robson said he was assigned to investigate the case in July, after Windham County Treasurer Ellen Stetson learned from the county’s other assistant judge, Lamont Barnett, that Duff had attended few hearings that year.
As part of the investigation, Robson said court officers reviewed audio recordings of hearings to double-check Duff’s attendance, and police analyzed her cellphone records to check her location history.
Assistant judges are leaders of Vermont’s county government system. Each county has two independently elected assistant judges who are responsible for administering the county budget and other county government business. However, Vermont’s county governments have few real powers.
Assistant judges also serve as finders of fact in civil and family court, alongside the presiding superior court judge, and so are also called “side judges.”
Police said that, in addition to Duff’s hourly pay for hearing court cases, she received a monthly salary of $1,700 for her county administrative job.
Duff became an assistant judge in 2006, and resigned in July, citing health issues.
The Windham County State’s Attorney’s Office prosecuted the case. It was heard in Bennington County to prevent any potential conflict of interest with Windham County judges. Duff’s case was originally assigned to Judge Kerry Ann McDonald-Cady, a former Windham County prosecutor, who recused herself from the case.