Washington County primary primer: Clerk of Courts

Normally, the primary election campaign of row office candidates is a mundane 

affair with little opposition to incumbent office holders. This has changed because of the disruptive actions of several Republican row officers in Washington County.

These individuals, whose sole function is to manage file clerks, have compelled the county court and commissioners to react to inappropriate and illegal behavior. In the primary election on Tuesday, May 16, Republican voters should consider alternative row office candidates. This commentary will discuss the contested Republican primary for the clerk of courts office.

Brenda Davis. Incumbent Brenda Davis is attempting to bolster her primary reelection campaign through unfounded accusations against county and court officials. Her term in office has been a tangled web of fighting the court she was elected to serve, even being held in contempt and incarcerated for ignoring court orders, while claiming victimhood to cover up her misdeeds.

This sordid tale began when the Republican-controlled board of commissioners voted unanimously to transfer workers who collect juvenile court payments from the clerk of courts office to the adult probation office. This action was under discussion well before Davis took office, and after she refused to collect DUI fees as mandated by law. The transfer of her employees was in accordance with state law that says “all restitution, reparation, fees, costs, fines and penalties shall be collected by the county probation department or other agent designated by the county commissioners of the county with the approval of the president judge.” Such payments are collected by numerous probation offices across Pennsylvania, and Davis had no standing to object.

Davis was furious that the county relocated staff. In retaliation, she prepared and presented a bogus “waiver document” to President Judge John DiSalle. In the document, Davis stated her refusal to perform many of her statutory responsibilities, including functions involving juvenile case files. Next, she filed a series of appellate court appeals designed to keep her employees. All the appeals were dismissed.

Davis continued to resist. As a last resort, the president judge signed an order transferring all juvenile case files from her office to the probation office.

In the course of a standoff in the courthouse, Davis blocked court officials sent to retrieve the files with a tantrum. The president judge scheduled a contempt hearing to address her outrageous behavior. Additional Davis appeals were filed, first to block the contempt hearing and later to overturn the finding of contempt, fines and incarceration.

Finally, nine months later, in August 2022, the appeals were exhausted, and the contempt hearing was held. DiSalle described Davis’ conduct as “the most undignified behavior he has seen in all of his years in the law.” Davis was removed from the courtroom in handcuffs to serve at least 15 days in jail, fined $5,000 and ordered to pay the costs of prosecution.

All but one of the Davis appeals have been resolved against her. The appellate courts found that all actions by the commissioners and the president judge were appropriate. The only matter still on appeal is a minor issue involving the size of the fine imposed by the president judge against Davis at the contempt hearing.

In May 2022, it was revealed that the state attorney general’s office is investigating Davis. The allegations involved manipulation of electronic time cards to misappropriate public funds and provide unearned compensation to her remaining employees.

Davis has attempted to gain leverage against the court and commissioners by claiming that erroneous findings by the Republican state auditor general prove that she was instrumental in uncovering improper use of state funds. At issue was Washington County’s 25-year-old criminal court program for defendants who performed thousands of hours of community service in lieu of paying fines. The administrative office of Pennsylvania Courts and Washington County’s Republican district attorney, among others, found the program well within the county’s jurisdiction. Davis’ efforts to turn substantial funds over to the state were disregarded as baseless.

This is not the story of a principled official standing up to corruption and power. It is the sad tale of a vengeful supervisor of clerks, overstepping her legal authority and embarrassing her office and the county. Davis should be confronted on her efforts to fog up the factual history of her abhorrent behavior during her term in office.

Ray Phillips. Mr. Phillips has the backing of traditional conservative Republicans seeking to return the clerk of courts office to some sense of normalcy. His press release announces he is running “on a foundation of integrity, ethics and cooperation among governmental offices.” Philips is a graduate of Washington & Jefferson College and has been employed in a variety of sales positions for over 30 years. Phillips agrees with the straightforward job description for the clerk of courts and, if elected, promises he will “work to communicate with the judiciary of the county.”

No one is begrudging the fact that Republicans have secured a sizable majority in Washington County voter registration. Concerned onlookers are simply asking that Republican primary voters consider the facts and support responsible candidates for office.