By Jeff Devine, The Chronicle
GENEVA—A months-long investigation into the Geneva County Circuit Clerk’s Office has resulted in the arrest of Circuit Clerk Ashley Averett Powell, following a grand jury indictment alleging she improperly directed more than $93,000 in public funds to herself.
The case is being investigated and prosecuted by the Alabama Attorney General’s Office and represents a significant development in an investigation that has been unfolding in Geneva County since March.
Attorney General Steve Marshall announced Powell’s arrest Friday, Aug. 7. Powell, 52, is accused of using her elected position for personal financial gain, according to the indictment.
The allegation involves more than $93,000 in public funds that investigators say Powell illegally routed to herself. No motive or additional details about why Powell allegedly stole nearly $100,000 in public funds. The alleged conduct is being prosecuted under Alabama law governing the use of public office for personal gain.
The charge is classified as a Class B felony. If convicted, Powell could face between two and 20 years in prison if found guilty.
The arrest follows a series of developments that began publicly unfolding in Geneva County in March of this year.
In March, Powell was ordered to surrender her keys and barred from entering the Geneva County Circuit Clerk’s Office while state authorities investigated what was described at the time as potentially missing public funds.
Agents with the Alabama Attorney General’s Office were reportedly in Geneva gathering evidence as part of the investigation. At the time, the exact amount of money involved and the specific allegations had not been publicly disclosed.
The situation also created questions about the continued operation of the clerk’s office because the circuit clerk plays an important role in the county’s court system and election administration.
In April, Geneva County Presiding Circuit Judge William Filmore appointed Jane Fulford, a retired employee of the clerk’s office, to serve as acting circuit clerk. Fulford returned to oversee the office’s day-to-day operations and election-related responsibilities while Powell remained away from the office.
Powell also retained attorney George Beck as the investigation continued. Beck confirmed at the time that he was representing Powell and said Powell had been placed away from the office on paid leave while officials worked with the Attorney General’s Office to address discrepancies involving the county clerk’s accounts.
At that point, Powell had not been charged.
That changed with the grand jury indictment announced this week.
CASE NOW MOVES INTO CRIMINAL COURT
The Alabama Attorney General’s Special Prosecutions Division is handling the case. The specialized division prosecutes certain cases involving alleged public corruption and abuse of public office.
The Chronicle reached out to the Alabama Attorney General’s Special Prosecutions Division with questions about the case. We asked if the case would be heard by the judge, her former colleague, and in the court she served in her capacity as Geneva Circuit Court Clerk due to the possibility of a conflict of interest. We also asked if the prosecutors anticipate any changes in the charges or additional charges being added to Powell’s case. At the time of this publication, however, we have not received a response to our requests for comment.
State officials have provided limited details about the alleged conduct, citing the continuing investigation.
The indictment now establishes a specific allegation that more than $93,000 in public funds was improperly directed to Powell, but the criminal case will ultimately be decided through the court system.
For residents of Geneva County and the surrounding Wiregrass, the case also raises questions about accountability and oversight of public funds within local government. Those questions are expected to receive additional attention as the case progresses and more information becomes part of the public court record.
Powell’s arrest does not determine the outcome of the case. Prosecutors must prove the allegations in court, and Powell retains the presumption of innocence throughout the legal proceedings.
The investigation remains ongoing, and additional charges or information could emerge as authorities continue reviewing the circumstances surrounding the alleged financial activity.
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