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Pardon board delays final decision on ex-Carbon clerk’s application

The application of former Carbon County Clerk of Courts William C. McGinley, who admitted stealing thousands of dollars from his office and sentenced to a state prison term, was effectively put on hold by the state board of pardons Friday morning.

McGinley, 62, of Jim Thorpe, had applied to the Pennsylvania Board of Pardons for commutation of his prison sentence.

The four members of the board voted on the application with members Harris Gubernick and Marsha H. Grayson approving the application, Attorney General Josh Shapiro abstaining and Lt. Gov. John Fetterman moving to take the matter under advisement. That put the matter back to the board for further discussion at a public hearing early next year.

A hearing was scheduled Thursday before the board on his petition. However, no in-person testimony was given and according to a spokesperson for the board, the only matters taken up by the board in reviewing the request was letters submitted in support and in opposition of the petition.

One of the letters submitted was from the Carbon County Board of Commissioners who strongly objected to the petition to have McGinley’s sentence commuted.

The letter said McGinley caused enduring harm to citizens and the public trust. It said his sentence, with the majority served at home just 100 yards from the courthouse, is “not justice served, but justice mocked.”

The letter was signed by Commissioners Wayne E. Nothstein, Rocky C. Ahner and Chris L. Lukasevich.

The commissioners wrote another letter to the state Parole Board in May when McGinley was authorized for release by Gov. Tom Wolf.

In that letter they also cited the fact that the clerk’s office was still working through a backlog of cases created during McGinley’s tenure, which the county had spent over $65,000 addressing.

McGinley was released from the State Correctional Institute at Waymart in early May after Wolf agreed to suspend his sentence. Wolf created a temporary program to release inmates who were nearing the end of their sentence, or who were at enhanced risk of COVID-19.

McGinley was sentenced to 1-3 years last November to a state prison, after pleading guilty to theft - failure to make required distribution of funds. He also pleaded guilty to two lesser counts.

Senior Judge John L. Braxton also ordered McGinley to pay fines totaling $25,000 on the two lesser counts. Braxton ruled the $25,000 in fines he imposed would go to the county against the interest payments.

McGinley was accused of stealing $44,000 from accounts he controlled as clerk of courts, including bail money and fingerprint fees submitted through the Carbon County Correctional Facility. He has since repaid that amount plus he paid for the costs of a forensic audit done of his office which cost over $7,000.

The case was prosecuted by the Attorney General’s office.

The three county judges and then District Attorney Jean A. Engler recused themselves from the matter, because of a conflict with the clerk of court office. A presentence investigation report was prepared by the state rather than the county adult probation office, for the same conflict of interest reason.

After his plea, the commissioners moved to strip McGinley of his pension under state law which permits such action for a person convicted of a crime while in office.

In addition the county is attempting to recoup interest paid on the pension, which is estimated at over $70,000.

Reporter Chris Reber contributed to this story.

McGinley