|Former Calhoun magistrate Stephen Johnson is scheduled to appear before Judge David Nibert Monday regarding the revocation of his probation.|
Prosecuting Attorney Matt Minney says Johnson has not followed the conditions of his probationary agreement, including not repaying $954.
Three years ago, during sentencing, Judge Nibert told Johnson if he failed to follow the special, usual and customary terms of probation, the court reserved the right to incarcerate him for 120 days.
Johnson was a no-show for his revocation hearing two weeks ago, but Nibert decided to set a $5,000 bond for the former magistrate rather than order to have him picked up and incarcerate him.
Johnson's attorney told the court he was having car trouble, coming from Virginia.
Johnson posted the bond last Friday.
Only a few days remained on Johnson's three-year probationary period, a plea deal made with the court in 2003.
The agreement allowed Johnson to plead to taking less than $1000 from his magistrate office, although the court indicated he had taken about $3,000 more, which he had paid back.
The plea arrangement was made after probation officer Patsy McCartney said Johnson committed a non-violent crime and did not have a prior record.
Special prosecutor Schulenberg supported the probation agreement, saying the conditions will allow Johnson to be held accountable in the public eye.
Current prosecutor Matt Minney indicated Johnson has not fulfilled the terms and conditions of his probation, including failure to make restitution for the money he stole, his failure to do his community service hours, and possibly other infractions.
Minney told the court he was frustrated over Johnson's failure to appear. "He is a former law officer and magistrate, and knows the importance of this hearing," he said, indicating he had time to make arrangements to appear.
The plea agreement required Johnson to deliver 200 hours of community service a year, in addition to attending one meeting of Alcoholics Anonymous a week.
Judge Nibert also indicated Johnson should seek counseling for a drinking problem since "alcohol was a factor."
- 10/5/2001 Magistrate Steve Johnson Resigns
- 4/12/2002 Magistrate Johnson Yet To Be Charged
- 8/27/2002 Former Magistrate Johnson Pleads Guilty
- 11/22/2002 Johnson Pre-Sentence Hearing Postponed
- 1/14/2003 Former Magistrate Given Probation