BENNINGTON — A former Windham County assistant judge accused of collecting $8,500 for hours she did not work pleaded not guilty to two felony charges on Monday.
Patricia Duff, 60, is charged with false pretenses and grand larceny exceeding $900, according to court documents.
Police said that Duff, of Newfane, intentionally overreported the hours she spent handling court cases, therefore receiving money to which she wasn’t entitled.
Duff, who became an assistant judge in 2006, resigned in July, citing health issues.
Between Jan. 1 and June 4 of last year, Duff was paid $10,800 for 448 hours she reported working. But she only worked 96 hours, equivalent to $2,300, according to Vermont State Police Detective Sgt. Jesse Robson’s statement of probable cause for the charges.
The detective said he was assigned to investigate 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 confirm Duff’s attendance, and police analyzed her cellphone records to check her location history.
According to the police affidavit, in a phone call with Robson, Duff was surprised to learn that she had allegedly overreported hundreds of work hours. She apparently told the investigator she was suffering from depression, had gotten sick with Covid-19 multiple times, and was taking care of a family member who was mentally ill. Robson noted that Duff said she was seeking the help of a psychiatrist.
In January, state police issued her a criminal citation to appear in court.
Duff, who is being represented by the Bennington County Public Defender’s Office, appeared at the Bennington Superior criminal court in person to enter her pleas on Monday morning.
Judge Howard Kalfus ordered her released on her own recognizance. Duff’s case was originally assigned to Judge Kerry Ann McDonald-Cady, a former Windham County prosecutor, who recused herself from the case, court records show.
The Windham County State’s Attorney’s Office is prosecuting the case. But it’s being heard in Bennington County to prevent any potential conflict of interest with Windham County judges, according to the Bennington criminal division’s court operations manager, Wendy Dickie.
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.