The assignment of a trial judge is the next expected step in the criminal case against Heather H. Ernst, 47, the former deputy director of the Hilliard Recreation and Parks Department who is facing eight felony counts related to theft in office.
But another layer was added to the proceedings Friday, March 16, when the city of Hilliard announced it has filed a civil lawsuit against Ernst to seek restitution of the more than $540,000 she is accused of stealing from the city’s two pool facilities.
The civil complaint was filed March 15 in the Franklin County Court of Common Pleas, the same day Ernst was arraigned on the criminal charges, according to Anna Subler, a Hilliard spokeswoman.
“The arraignment of Ernst is an important step forward in the legal process, as are the next steps of scheduling the pretrial and trial dates. We share the concerns of the Hilliard community about this issue, and we are committed to recovering the funds that allegedly were stolen,” Hilliard City Council President Albert Iosue said in a release. “The damages sought also will seek to recover related costs to the city of Hilliard, including legal and investigative expenses.”
Mayor Don Schonhardt said Hilliard leaders are not waiting for the criminal case to progress to determine if restitution will be demanded.
“While this criminal case could take a significant period of time until a final verdict is known, we will not sit idly by doing nothing,” Schonhardt said in a statement. “That’s why we filed a civil suit against Ms. Ernst, which enables us to request that the court freeze all of her assets. These assets will be needed to compensate the city for the funds she stole, and to reimburse the city for all costs spent in pursuing restitution.”
On behalf of the city, law director Tracy Bradford retained the services of Taft Stettinius & Hollister as special counsel to represent the city.
Stephen Palmer, an attorney for Ernst in the criminal case, said he would not represent Ernst in the civil matter but would help her find counsel.
For the criminal case, Ernst originally was scheduled for arraignment March 16 in common pleas court, but instead the procedure occurred March 15 at the court clerk’s office, said Stephen Palmer, an attorney for Ernst.
Ernst entered a not-guilty plea to all charges, Palmer said, and remains free on a recognizance bond.
“Next, a judge will be randomly assigned to case,” Palmer said.
The formal discovery process begins immediately, he said.
As for a timeline, some judges will set a trial date as soon as four weeks from an arraignment, but they often are rescheduled for later dates, Palmer said.
“This case will take some time for both sides to assess,” he said.
Jeffrey Blake, a Franklin County assistant prosecutor has been assigned to the criminal case, according to court records, but as of March 16, no judge or courtroom had been assigned.
Meanwhile, as the case progresses, the city will “continue our work to evaluate and strengthen our financial systems (and) be vigilant in building robust compliance programs,” Iosue said in the release.
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