Change of venue granted for embattled Madison County Treasurer, upcoming trial moved to Boone County
Hours after delaying a trial hearing on May 19, an attorney for DeVos filed a motion for a change of venue, citing 'extensive media coverage and publicity' following her late January arrest for alleged Felonious Misconduct in Office, Tampering with Records, Fraudulent Practice in the third degree, and third-degree Theft.
Motion-for-Change-of-Venue-250519-DeVosDownload
The motion was granted on Thursday, with the new venue set for Boone County, about an hour from the courthouse in Winterset where the trial had originally been planned. A trial date for the criminal case had not been officially filed, according to court records.
DeVos has been free from jail since posting a $5,000 surety bond shortly after she was arrested for allegedly using her access as county treasurer to alter government records to make it look like she paid for her vehicle registration plates when she had not. DeVos pleaded not guilty. Roughly three weeks later, the Polk County Sheriff's Office announced additional charges were pending against DeVos for an entirely different criminal scenario allegedly involving her property taxes.
DeVos is represented by Timothy McCarthy, II, of McCarthy & Hamrock. Her application for a public defender had been denied due to an incomplete application form because she did not disclose what her income was, according to court records. Devos was making $78,787.13 after getting a 3.57% raise, according to online public records posted by the Iowa State Association of Counties.
DeVos waived her right to a preliminary hearing in February, around the same time she was temporarily relieved of her duties by the Madison County Board of Supervisors. A new treasurer was appointed. However, due to her position as an elected official, the BOS does not have the power to officially remove DeVos from office, and she was reportedly still collecting her salary and county-supplied benefits for months after her arrest.
According to County Attorney Stephen Swanson, DeVos had refused to resign from the position, which forced him to file a Ch. 66 petition in April to have her forcefully removed from the office. He also petitioned for an injunction that would prohibit her from being paid by the county. A judge granted the pause on her salary payments. A Trial Scheduling Conference in that case is scheduled for July 18 at 9 a.m. in Madison County.
DeVos has not been charged in connection with the apparent mishandling of county funds, which appears to have plagued nearly every municipality and school district in Madison County.
After her arrest, WHO 13 confirmed the City of Winterset received more than $250,000 in funds due for other municipalities and discovered that late property tax payments to the Winterset Community School District forced it to withdraw funds from investment opportunities to cover payroll multiple times.
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