A Kanawha County magistrate's assistant admitted earlier this month that she stole money from the office.
Doris Aliff resigned her job as an assistant about two weeks ago after paying back the $1,150, Kanawha Prosecuting Attorney Charles Miller said Tuesday.
The money was reported missing in April and Kanawha sheriff's deputies had attempted to talk to Aliff, who worked for Kanawha Magistrate Tim Halloran. She left after being asked by sheriff's deputies to take a polygraph exam, and hadn't returned to work since, two Kanawha magistrates told the Gazette-Mail in June.
Prosecutors decided not to charge Aliff after considering "questions about her mental status at the time" the money was taken, said Miller.
Instead, Aliff - in addition to paying back the money and resigning - agreed to a pre-trial diversion program, which requires her to stay out of trouble for a year.
Aliff voluntarily went to deputies earlier this month and started cooperating with their investigation, according to Miller.
"The amount was so close to being a misdemeanor," Miller said about his decision to grant a diversion agreement rather than filing criminal charges. Prosecutors can pursue felony charges when an amount is over $1,000, according to state law.
At the end of each shift, a magistrate's assistant is supposed to deposit the money collected that day from fines, among other court costs, into a small safe in the office. The night the money was taken, an assistant left money in a drawer instead of putting it into the safe, an assistant previously said.
Aliff is in her 70s, according to Miller, which was another reason he didn't charge her.
"It's sad that someone who has worked so long has to end her career that way," he said.
Reach Kate White at kate.white @wvgazettemail.com, 304-348-1723 or follow @KateLWhite on Twitter.