Editor’s note: This article is being published to explain statements in candidate profiles published Saturday.

By Jarrad Hedes

jmhedes@tnonline.com

The incumbent Carbon County clerk of courts is challenging several claims made by her opponent in the days leading up to Tuesday’s primary election.

In an election article published in the Times News last week, Republican candidate Sydney Wernett said she would address “mistakes such as releasing an inmate and suspending licenses prematurely.”

Her opponent in seeking the Republican nomination, incumbent Tyra Boni, said that claim is erroneous.

“Multiple individuals have challenged the opponent to produce a docket number to dispute this claim and have yet to receive one,” Boni said in a statement to the Times News. “My first deputy and I researched over 1,100 sentencing hearings we had in 2020. We found only one case that could potentially be the referenced case and nothing was hidden, the clerk of court’s office assumed its responsibility in the matter, and rectified its procedural deficiencies. We suspect the other involved offices did likewise.”

In the one case Boni referenced, she said it was determined at the defendant’s sentencing that he had an outstanding custody issue. The judge, she added, issued a bench warrant for his arrest following sentencing.

“The judge directed sentencing to take effect immediately at which time the sheriff’s office took him into custody and transported him to the Carbon County Correctional Facility. It was determined after the fact, that this particular inmate was released prior to court documents arriving at the CCCF due to the errors made by several offices. The CCCF was only notified of the issuance of the bench warrant by the sheriff’s office for a noncriminal related matter and thus released. The CCCF was not notified that the sentenced individual was to commence serving time immediately. If this would’ve been the case, he would not have been released.”

Wernett said the case involved Duane Eric Bonetsky, who was sentenced in late July 2020 to serve a total of one to two years in a state correctional institution on three counts of possession with intent to deliver a controlled substance and possession of a controlled substance.

“He was released because the jail did not receive the sentencing order in a timely manner,” Wernett said. “The clerk of courts is in charge of preparing those sentencing orders.”

Wernett said one of her goals if elected is to address judgments put on record through the Board of Corrections.

“An issue was raised last year, and to date, it has not been addressed nor has there been a solution suggested to the courts,” Wernett said. “When you have a double judgment filed, it affects people’s livelihoods. It goes against their credit.”

Boni said incorrect duplicate judgments were placed on approximately 300 cases as a result of the residual office backlog.

“This issue was promptly addressed and corrected,” Boni said. The prothonotary’s office was instructed to forward all inquiries relating to case balances to the collections coordinator so that the clerk of courts office can provide accurate information.”

In response to the license suspension issue, Boni said her office has no statutory authority to issue a start/end date of a license suspension.

“This is a very common misconception,” she said. “That authority rests solely with the Pennsylvania Department of Transportation, and the clerk of court’s role in the process is simply entering the judge’s sentencing into the Common Pleas Case Management System within 48 hours of sentencing thereby electronically notifying PennDOT the time frame of the judge’s ordered suspension. It is the defendant’s responsibility to contact PennDOT as to when to submit their license.”

According to Wernett, the office was sending out those notices to PennDOT prematurely.

“They were getting the ball rolling ahead of when they should have been,” Wernett said.

Wernett has worked in the clerk of courts office and as a deputy sheriff.

“I am dedicated and committed to establishing effective policies that ensure the success of the office,” Wernett said.

Boni, meanwhile, said her office has “achieved an incredible amount and includes a staff that has worked incredibly hard for that accomplishment.”

“My staff and I are human,” she said. “We do make mistakes; however, if an error occurs, it is dealt with in a decisive manner.”