Elkhart County

Former Elkhart County clerks sentenced for misconduct Thursday

By: Jackie Bauer
Posted: Feb 12, 2026 11:20 AM EDT | Updated: Feb 12, 2026 8:37 PM EDT

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GOSHEN, Ind. — Former Elkhart County Clerk Christopher Anderson and his appointed deputy Carol Smith learned in circuit court Thursday morning that they will avoid jail time.

Anderson previously pleaded guilty and a jury found Smith guilty last month. Both were convicted of official misconduct for overpaying some county election workers for years with taxpayer dollars.

Judge Michael Christofeno sentenced both Smith and Anderson to two years on probation after the state did not argue for their incarceration.

A jury convicted Smith following two days of testimony. The judge said while Smith had no prior criminal history and is considered a low risk to reoffend, her actions breached the public’s trust, something he called a major aggravating factor.

“It’s been very difficult for Carol, but I think she’s approaching this with a sense of resolve and desire to rebuild the communities trust,” said Robert Masters, Carol Smith’s attorney.

The convictions were entered as a felony but could later be converted to a misdemeanor. Masters said they are reviewing their options.

“Carol has the right to appeal the jury verdict and the judge's sentencing. It’s a bit too soon to tell today’s been a hard day for Carol as it is for anybody under the circumstances. Today is not a day for making those kinds of decisions,” Masters said.

Christopher Anderson, Smith’s former boss, pleaded guilty in the case.

His attorney, Eric Kinsman, argued Anderson did not personally profit from the payroll practice which predated his time as clerk and has since cooperated and accepted full responsibility.

“His heart was in the right place,” Kinsman said.

The judge agreed and gave a suspended two-year sentence complete with community service.

Anderson's probation will likely be transferred to Minnesota, where he plans to relocate.

“We were pleased with the outcome. I’m always pleased when I walk out of the courtroom with my client and he retains his freedom,” Kinsman said.

Despite today’s resolution, the case leaves a lasting impact.

“There’s still a heavy weight on him because of him feeling that he let the citizens of Elkhart County down, and that there was a neck in the armor of public trust,” Kinsman said.

Probation is set to begin immediately for both Smith and Anderson. Smith’s attorney said there is no timeline for a decision whether to appeal.

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