Elkhart County deputy clerk found guilty of official misconduct, criminal conversion

GOSHEN, Ind. — A jury found Elkhart County Deputy Clerk Carol Smith guilty Tuesday afternoon of felony official misconduct and misdemeanor criminal conversion for signing off on incorrect timesheets, overpaying county employees with taxpayer funds.

The verdict came just before 4 p.m. after two days of testimony.

Prosecutors argued the case was about principle and accountability, while the defense maintained the overpayments were the result of a misunderstanding, and a culture in Elkhart County that Smith is not responsible for.

Jurors heard from seven witnesses called by the state, all county employees, including three supervisors who worked under Smith while testifying.

The defense called just one witness, Smith herself.

Smith’s former boss, former Elkhart County Clerk Chris Anderson, was the final witness to testify.

Anderson pleaded guilty last week for his role in the case and resigned from office.

He told the jury the practice of paying supervisors for a 40-hour workweek despite working only 36 hours began before he took office in 2018.

Anderson appointed Smith as deputy clerk in 2019. As part of her role, Smith signed off on employee timesheets.

During testimony, Smith said an email shown to jurors, in which she instructed an employee to clock 80 hours despite working only 72, was a misunderstanding.

She testified she believed employees were working full hours and just meant they had to clock a full 80 hour timesheet, using flex time.

Prosecutors argued Smith’s testimony conflicted with statements she previously made to investigators.

Smith declined to comment after the verdict.

Her attorney, Robert Masters, said they are reviewing options moving forward.

“I respect their verdict. It comes as a disappointment to Carol,” Masters said. “We’ll be looking at her appeal options, but notwithstanding, I think everybody should be proud of how the case was conducted. Carol’s disappointed, but she’s not defeated.”

Smith is currently out on bond and is scheduled to return to court for sentencing on Feb. 12.