Former Autauga probate judge Al Booth pleads guilty to ethics charge, gets community service

PRATTVILLE — Former Autauga County Probate Judge Al Booth pleaded guilty to misdemeanor ethics charges Monday morning.

Booth pleaded guilty to one count of theft of services, court records show. He was initially indicted on four theft of services charges, but three of those charges were dropped as part of the plea agreement.

Circuit Judge Ben Fuller suspended any jail time and gave Booth 40 hours community service and was told to paid $1,676 in restitution to Autauga County. Booth was placed on supervised probation for two years, said Brad Ekdahl, his attorney. After Booth completes his community service and pays restitution, the probation becomes unsupervised, Ekdahl said.

“There was certainly never any intent to defraud the people of Autauga County,” Ekdahl said. “The process had to be allowed to play out. Judge Booth and his family are glad to get this behind them and are moving forward.”

The only witness to appear before the grand jury was an investigator with the Alabama Ethics commission. Theft of services is a Class A misdemeanor with a maximum punishment of a year in the county jail. Booth, 75, was facing felony ethics violations, but the grand jury indicted him on misdemeanor charges.

On four occasions Booth appointed his son, Alfred B. Booth also an attorney, to handle matters before the probate court when Al Booth was probate judge. The younger Booth goes by Brannon. The money paid to Brannon Booth did not exceed $500 on each individual appointment, the indictment reads.

Booth served 18 years as probate judge, retiring this year. State law does not allow judges to seek election or re-election to the post after they turn 70. Booth did make an unsuccessful bid for the House District 88 post in 2018. Al Booth serves as chairman of the Autauga County Republican Party.

The ethics commission determined in April that Booth violated the ethics law and forwarded to case to District Attorney Randall Houston’s office for review and possible legal action. An “intentional” violation of the state’s ethics law is a Class B felony, with a punishment range of two to 20 years in prison, the ethics commission website shows.

Houston recused himself from the case since Booth is a former elected official in his circuit. There was also the possibility that Houston may have been called before the grand jury as a witness.

The Shelby County District Attorney was appointed to handle the case.

Brannon Booth took an oath of office as "Special Judge of Probate" on Nov. 13, 2017, records at the probate office show. The oath was signed by Al Booth. Probate office records also show a motion filed July 17, 2017, where Brannon Booth submitted a bill to the probate office for $500 in a case where he was named guardian ad litem in a matter before the probate court.

The matter came out in open court during a misdemeanor harassment hearing on April 23, 2018 in Prattville Municipal Court. Al Booth had filed harassment charges against Keith Kuzma, after the two got into a shoving match at a GOP executive committee meeting in Prattville. Kuzma was found not guilty. Trey Norman represented Kuzma at the hearing.

Norman brought up Al Booth’s appointment of his son, Brannon Booth, as special counsel in Probate Court, while Al Booth was on the stand. Al Booth testified that he had appointed his son one time to handle a matter in probate court, where he was serving as judge.

“Did you consider the ethics laws and judicial canons before appointing your son?” Norman asked with an edge to his voice.

“That could be a problem,” Al Booth responded.

Houston was in the gallery during the trial.

On June 22, after the hearing, Brannon Booth filed a motion in Probate Court requesting he be withdrawn from the case, citing a " conflict of interest."

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Former Autauga probate judge Al Booth pleads guilty to ethics charge, gets community service

Former probate judge sanctioned

By JORDAN CUDDEMI

CHELSEA — A former Orange County probate judge has been publicly reprimanded by the Vermont Judicial Conduct Board for failing to dispose of matters “promptly, efficiently and fairly” in a family’s long-running guardianship dispute involving adult children of an elderly Newbury, Vt., woman.

Bernard Lewis, who was on the bench in probate court from 2002 until January, didn’t complete hearings or rule on motions in Miriam Thomas’ guardianship case in a timely fashion, nor did he follow up or enforce orders or hold parties accountable, according to the reprimand written by Judicial Conduct Board Chairman Andrew Maass dated Sept. 6. Siblings Elizabeth Guest and Bruce and Bryce Thomas alleged their brother, Paul Thomas, repeatedly abused his powers as their mother’s guardian and Lewis did little to stop it.

“The repeated failure to address and decide issues that came before the Judge related to the conduct of the guardian caused petitioners to incur significant attorney fees and resulted in inefficient use of both parties’ and the Court’s resources thereby constituting a failure to dispose of all judicial matters promptly, efficiently and fairly,” the reprimand states.

“The chronic failure to hold the guardian accountable for his actions with respect to his obligations while allowing him to pay himself enormous amounts of money over 7 ½ years, despite repeated filings that brought such issues to the Court’s attention, exemplifies a failure to dispose of issues fairly.”

Bruce Thomas on Thursday called the reprimand a “moral victory,” but said the harm Lewis caused through his handling of the case will be lasting.

“Although the damage Judge Lewis has caused our family continues to this day, it represents a moral victory of sorts — at least he was not able to sneak off into retirement without any sort of rebuke,” Thomas said in an email. “While this case is over for Judge Lewis, he created one very costly mess for all of us.”

Lewis no longer is a presiding judge in Vermont; he didn’t seek reelection and his term expired in January.

Reached this week, Lewis, whose attorney signed the finding agreeing on a reprimand, said there is more to the story, but he declined to elaborate.

“(This case) is a lot more complex than what is reflected in the reprimand,” the 75-year-old Lewis said. “I don’t think I did anything wrong. I was on the bench for 16 years and I had a lot harder cases than that.”

If he hadn’t decided to retire, he would have fought this to “the bitter end,” Lewis said.

Lewis has practiced law in Randolph and previously worked for Vermont’s Department of Banking, Insurance and Securities as a market conduct chief examiner.

The investigation into Lewis’ actions started in January 2018 when three of Paul Thomas’ siblings, including Bruce Thomas, filed a complaint to the conduct board, alleging Lewis engaged in a “pattern of inaction,” among many other things.

Judicial Conduct Board investigator John Kennelly, who acted as investigative counsel for the board, filed a formal complaint in January of this year over Lewis’ handling of the case, asserting Lewis violated provisions of the judicial cannon that states a judge “shall perform the duties of judicial office impartially and diligently.”

The parties went through discovery for a few months before Kennelly and Lewis’ attorney, Christopher Davis, last month jointly stipulated that a public reprimand was in order.

The matter is subject to review by the Vermont Supreme Court.

Miriam Thomas, who had dementia and was living in the memory care unit of an Upper Valley nursing home, died earlier this year at 94. She and her late husband, Fredrick Bryce Thomas, owned several pieces of real estate, including a tree farm. Together they ran their 21-room Pulaski Street home as the Newbury Inn.

After she went to the facility, Bruce and Bryce Thomas and Elizabeth Guest filed a guardianship petition, but siblings Paul Thomas and Mary Thomas filed a counterpetition seeking to appoint Paul Thomas. Lewis appointed Paul Thomas as financial and medical guardian in 2010.

The sibling trio objected to accounting reports annually that Paul Thomas had filed, alleging he wasn’t following guidelines that govern guardians and was abusing his power. The siblings and Kennelly alleged Paul Thomas had paid himself more than $250,000 from his mother’s assets for serving as guardian. Lewis removed Paul Thomas as guardian in March 2018. The siblings spent hundreds of thousands in attorneys fees, according to Bruce Thomas and Kennelly.

Bruce Thomas, who works in the insurance industry in Connecticut, said he is still waiting for the court to hold a hearing on the matter.

“We would like not to have to think about this anymore, or spend any more time or money on this,” said Bruce Thomas, who hopes that the court will “uphold Vermont’s guardianship laws and order restitution.”

Attempts to reach Paul Thomas were unsuccessful. However, his attorney, John Page, told Seven Days last month that “(Any) published statement to the effect that Paul Thomas received excessive compensation as his mother’s guardian would be inaccurate, or at least unproven.

“That issue has yet to be adjudicated and therefore remains mere allegation until the court hears all the evidence and makes a ruling,” Page told Seven Days.

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Former probate judge sanctioned

Former Atco Probate Judge Sentenced to 30 Years for Role in Missing $430,000+ in Missing Probate Court Funds

Former Atkinson County Probate Judge Margie O’Brien was sentenced to 30 years – three to be served in prison – last Thursday morning, February 14, at the Atkinson County Courthouse for her role in missing funds from the Probate Court Office, totaling over $430,000.  

In front of a crowded courtroom Thursday morning, Judge Gary McCorvey handed down the sentence after a restitution hearing was held that lasted over two hours. During the hearing, Judge McCorvey heard from both the prosecution and the defense as to why or why not O’Brien should pay restitution. The prosecution called the CPA to the stand who first discovered the missing money, and he proceeded to explain exactly how they realized that money was missing. According to the CPA, they printed cash receipts, money order and check receipts, and deposit slips and noticed that none of them were matching up. This led into a bigger investigation that eventually revealed over $433,000 in missing monies. After being cross-examined, the CPA was excused from the stand, and the defense then called four character witnesses of their own. 

At the end of the character witnesses, Defense Attorney then called Margie O'Brien to the stand. During the time on the stand, O'Brien, while during questioning by her attorney, Converse Bright, reminded the court that she voluntarily resigned her post and could still be working and drawing a salary to this day if she would have wanted to. When asked why she didn't, O'Brien responded with, "I can't stand going out into public and wondering what people are thinking about me." In an attempt to try and prove that O'Brien shouldn't pay restitution, the defense then went on to explain that O'Brien only has an income due to her husband's job of about $2,600 a month and that her bills total over $3,000 a month and that she has to rely on help from her family to make ends meet.  Bright went on to explain that with things they way they currently were, O'Brien couldn't afford to pay a monthly restitution payment and shouldn't have to. Upon cross-examination, Deputy Attorney General David McGlaughlin stated, "This is a very tough situation, Mrs. O'Brien, but you will still have time to redeem your family's name." He then went on to explain to the court that about $1,000 of O'Brien's bills were to DirectTV and cell phones and that money could be used to pay restitution. Also during the cross-examination, O'Brien admitted to taking some money to buy lunch for herself and the Probate Office employees but stated that she always put it back. McGlaughlin finished by asking O'Brien why she couldn't find a job in the two years since she resigned, and she replied with, "There are some days that I can't even get out of bed." The prosecution closed by suggesting a four-year prison term and 30 years of probation plus restitution.

In his closing statement, Defense Attorney Converse Bright stated in reference to O'Brien, "You can't expect somebody to survive four years in prison with diabetes, hypertension, anxiety, and clinical depression. She may not survive four years. We think that four years may be a death sentence for somebody in her health. She's paid a lot emotionally and has already committed herself to house arrest. I've already made my point on restitution. To order somebody to pay when they can't is setting them up to fail, and the Georgia Court of Appeals will see it that way." The defense then suggested only a two-year prison term.

In his closing remarks before the sentence was handed down, Judge McCorvey stated, "People don't normally go to prison for a first offense of theft by taking." He then went on to say, "We can't afford to put people in prison that we are mad at. We put people in prison that we are afraid of, and nobody in here is afraid of Mrs. O'Brien. Prison should be reserved for child molesters, murderers, and rapists."

According to court documents, Atkinson County has already received $124,000 from a bond to cover part of the missing money. O’Brien would be responsible for the remaining $309,000. Judge McCorvey also ordered that upon completion of her prison sentence, O’Brien would be given no less than six months to find suitable employment before restitution payments would begin on a monthly basis.

O'Brien pleaded guilty to 10 counts of theft by taking in late November, a week prior to a trial date that was set for December 3rd.

On Thursday morning, O'Brien was sentenced to 15 years of probation for one count of theft by taking to be served concurrent to the three-year prison sentence. She was also sentenced to 15 years of probation for another count of theft by taking to be serving consecutively to the other 15-year sentence. 

Tifton Circuit Judge Gary McCorvey presided over the case due to a law that prohibits judges from a circuit from hearing cases pertaining to judges that serve in the same circuit.

The plea deal reduced the charges against O'Brien down to just 10 counts of theft by taking. The original indictment included 81 counts of theft by taking and two counts of racketeering in the case of over $430,000 in missing funds. 

In the indictment, O'Brien was charged with taking cash transactions from firearm licenses, marriage licenses, hunting violations, moving violations, criminal violations, and other means, and keeping the funds for herself and covering the deposits with checks that had been paid into the office. 

At the conclusion of the sentencing, Deputy Attorney General David McGlaughlin stated that the state had no problem with O’Brien taking a few days to get her affairs in order before reporting to begin her sentence. Judge McCorvey took this into consideration and ordered O’Brien to report on Monday, February 18th to begin her sentence.

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Former Atco Probate Judge Sentenced to 30 Years for Role in Missing $430,000+ in Missing Probate Court Funds

Law license of former York County probate judge suspended for 2 years

Former York County Probate Court Judge Robert Nadeau.

The Maine Supreme Judicial Court has suspended the law license of former York County Probate Judge Robert Nadeau for two years for multiple violations of the state’s code of judicial conduct.

The court’s 34-page decision, handed down Tuesday, is the latest setback for Nadeau. He was suspended 30 days last summer while he was still on the bench, then lost his bid for re-election in November.

Nadeau has been operating a law practice in Biddeford, but will not be allowed to practice in Maine for two years beginning Aug. 1. He also must pay a $5,000 fine.

“This is now the fourth time that Judge Nadeau has appeared before us for ethical violations and the third time for conduct that occurred while serving in a judicial capacity,” the court’s ruling states. “Here, his actions were often carried out in an intemperate and vindictive fashion against former colleagues of his law practice and their associates. Attorneys’ reputations were harmed, and litigants before him were pressured to support his efforts to increase court resources and his compensation.”

Despite the ruling, Nadeau defended his record in a statement Tuesday night.

“I am proud to have made a positive difference in the lives of nearly 20,000 children, adult incapacitated persons, and their parents, grandparents, adult children and others during my 16 years of service for York County and its probate court,” Nadeau said in an email. “This is so, despite the probate court’s woeful lack of adequate support and exercise of substantial interference by its county commissioners and despite the unfortunately high degree of politicization of Maine’s elected private judges by those commissioners, their uninformed manager and probate register, the York County bar, and others who oppose an elected judiciary.”

Nadeau was first elected as probate judge in York County in 1996. He served three four-year terms before losing re-election in 2008. However, he won back his seat in 2012.

The most recent allegations against him were detailed in a report filed Jan. 16, 2016, by the state’s Committee on Judicial Responsibility and Disability, which governs members of the bar.

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Law license of former York County probate judge suspended for 2 years

New allegations about Belinky and Cafaro in unsealed affidavits

YOUNGSTOWN, Ohio - Recently unsealed affidavits show convicted ex-Mahoning county probate court judge Mark Belinky admitted to additional crimes.

 

Thursday's edition of 21 News print partner The Vindicator reports Belinky, who was convicted of tampering with records last year, admitted to stealing money from people for whom he was acting as guardian.

Belinky also admitted altering probate court documents to further such theft and to using a Mahoning County probate computer to create false probate court records.

The information comes from affidavits from a special agent of the Ohio Bureau of Criminal Investigation.

The Vindicator also reports that those same affidavits in the Oakhill corruption case allege that retired businessman Anthony Cafaro Sr. sought out people to donate money to political campaigns, and then would reimburse those donors.

The documents state that businessman Bruce Zoldan testified twice in front of the Oakhill grand jury that Cafaro offered to reimburse him for a donation in 2010 to Carol Rimedio-Righetti, who was elected county commissioner.

Cafaro also allegedly offered to reimburse Zoldan for a donation to attorney Martin Yavorcik’s unsuccessful 2008 campaign for county prosecutor.

Yavorcik is one of the defendants in the upcoming Oakhill political corruption trial.

Zoldan told The Vindicator he rejected both offers.

Anthony Cafaro has not been charged with any crimes since he was indicted along with then Mahoning County Commissioner John McNally, Auditor Michael Sciortino and former Treasurer John Reardon in the original Oakhill case.

The 73 counts in that indictment were dismissed in 2011 after prosecutors say they could not obtain audio recordings obtained by the FBI to use as evidence.

Those recordings are being used in the latest Oakhill case against Yavorcik, McNally and Sciortino

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New allegations about Belinky and Cafaro in unsealed affidavits