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Former Calhoun magistrate Stephen Johnson is scheduled to appear tomorrow at 11:30 a.m. in Grantsville before Judge David Nibert regarding the revocation of his probation.
Johnson's non-compliance to his three-year probation surfaced a few days before his sentence would have been over in January.
He had been on probation related to stealing money while a Calhoun County magistrate.
The hearing has been postponed several times since January, because of a scheduling conflict with his attorney.
Prosecuting Attorney Matt Minney said in January that Johnson had not followed several conditions of his probationary agreement, including not repaying $954.
Three years ago, during sentencing, Judge Nibert told Johnson if he failed to follow the "special, usual and customary terms of probation, the court reserved the right to incarcerate him for 120 days."
Johnson was a no-show for his revocation hearing, but Nibert decided to set a $5,000 bond for the former magistrate rather than order to have him picked up and incarcerate him.
Johnson's attorney told the court he was having car trouble, coming from Virginia.
Judge Nibert denied a request from Johnson's attorney David Karickhoff to allow him to withdraw from the case.
Johnson posted the bond.
In 2003 an agreement allowed Johnson to plead to taking less than $1000 from his magistrate office, although the court indicated he had taken about $3,000. Court testimony indicated most of the money has been repaid.
The plea arrangement was made after probation officer Patsy McCartney said Johnson committed a non-violent crime and did not have a prior record.
Special prosecutor Schulenberg supported the probation agreement, saying the conditions will allow Johnson to be held accountable in the public eye.
Current prosecutor Matt Minney indicated Johnson had not fulfilled the terms and conditions of his probation, including failure to make restitution for the money he stole, his failure to do his community service hours.
It was also indicated he did not attend AA meetings as outlined in the agreement and possibly other infractions.
Minney told the court in January he was frustrated over Johnson's failure to appear. "He is a former law officer and magistrate, and knows the importance of this hearing," he said, saying he had time to make arrangements to appear.
The plea agreement required Johnson to deliver 200 hours of community service a year, in addition to attending one meeting of Alcoholics Anonymous a week.
At the time, Judge Nibert said Johnson should seek counseling for a drinking problem since "alcohol was a factor."
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