Schmidt submitted his resignation on Monday, and it was announced this afternoon as he appeared before Visiting Judge Sumner Walters during a scheduled hearing.
Prior to the hearing, the Greene County Commission appointed Dan Mercer as interim treasurer. Mercer, a former treasurer’s office employee, will serve as the county treasurer until a replacement is selected by the county GOP’s central committee.
Accepts responsibility
Schmidt spoke briefly before the court, and said he took responsibility for his actions. As part of his plea agreement, Schmidt was required to pay $22,500 in restitution to Greene County and $12,500 to the Ohio Ethics Commission. His defense lawyer, Bill Meeks, handed over checks to representatives from both agencies.
Schmidt did not receive any jail time and was placed on three years community control, ordered to perform 200 hours of community service and required to pay $3,250 in court fines.
Schmidt has also been barred from holding public office for the next seven years.
Schmidt has a private law practice, is a licensed Realtor, a certified public accountant and an Army veteran who served during the Vietnam War.
Authorities said Schmidt will be allowed to keep his licenses to practice law and real estate business.
A Democrat selected as interim Treasurer
The GOP precinct committee representatives, comprising the central committee, must meet within 45 days to pick a replacement to serve out the rest of Schmidt’s term. County voters will pick a new treasurer in the November 2012 election.
Mercer, who was retired, was picked by commissioners Marilyn Reid and Alan Anderson, with Rick Perales absent.
“I’m saddened by it all. How else can I be,” Reid said.
Mercer, a Democrat, was selected due to the high regard he was held in and the need for an experienced person in the office at year’s end, Reid said.
“We picked what was best for the county,” Reid said. “We were most concerned about a satisfactory continuity for both the employees and the county.”
The ethics probe
Authorities announced on Oct. 21, that Schmidt has been under investigation by the Ohio Ethics Commission for several years. The commission appointed Franklin County Prosecutor Ron O’Brien to be the special prosecutor in this case, since Schmidt’s wife is Suzanne Schmidt, who serves as the Greene County first assistant prosecutor. She was not implicated by the OEC, and her duties have not changed, Greene County Prosecutor Stephen Haller said.
But David Freel, the retiring director of the Ohio Ethics Commission, said James Schmidt has been under investigation for years. He attended today’s hearing and called it a sad occasion for Greene County.
Schmidt had served as the county’s treasurer since 1983 and worked in that office since 1975. His duties include collecting $200 million in taxes and investing $90 million annually, according to the county’s website.
The court filing naming O’Brien and his assistant Steven W. Schierholt states that the appointment of special prosecutors is to avoid a conflict of interest and the appearance of impropriety “because the prosecutor is both acquainted with and statutory counsel to the Treasurer.”
Walters is a former 3rd District Court of Appeals judge.
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