The courthouse for Schenectady Supreme and County Courts is overseen by the chief clerk, Jennifer Regan, who was charged with shoplifting in June. (Frank G. Runyeon | Law360)
The criminal case has not been previously reported and was recently revealed as part of a Law360 public records request. Employees working for Regan said they did not know their boss had been charged with a crime. Prosecutors, just down the granite and marble staircase from the chief clerk's office, transferred the case to a special prosecutor in Albany, who struck an agreement under which the petit larceny charge may be dismissed and erased from public record next spring.
On June 7, Regan "did attempt to steal multiple pieces of women's clothing, groceries and pet food," a Target employee said in a sworn statement.
"I observed the subject conceal the selected clothing merchandise into their reusable shopping bag" before heading to a self-checkout machine where she did not pay for all the merchandise and headed for the exit, the statement said.
Police arrested Regan on the spot and transported her to the local station for fingerprinting, before issuing her an appearance ticket and releasing her, according to a police report.
When asked about the arrest in her courthouse hallway, Regan immediately moved the interview into a filing closet out of earshot of a nearby court officer and courtroom clerk.
"I'm not going to discuss this with you," Regan told Law360 on Thursday, declining to say whether she stole from Target and repeatedly saying, "I don't have a criminal case pending," asserting, "It's closed."
The chief clerk — who oversees the proper filing of criminal cases in her county – acknowledged the case remained open when confronted with the specifics but declined to answer a series of questions about the incident and her fitness to oversee what she called "an extremely busy" courthouse.
Regan's attorney, Mark J. Sacco, a prominent trial lawyer who practices in her Schenectady courthouse, did not immediately respond to a request for comment Friday.
Records show that several weeks after Regan's arrest, Schenectady County prosecutors asked to recuse themselves, noting that "the defendant is the chief clerk of the Supreme and County Courts for Schenectady County" and that "the District Attorney's Office interacts with the defendant and members of her office on a daily basis."
On July 21, in the courthouse Regan oversees, court records show acting County Court Judge Mark J. Caruso ordered the Albany County district attorney to take over as special prosecutor, given the appearance that "a conflict of interest exists."
The special prosecutor quickly reached an agreement, noting she had no prior criminal history.
On July 30, Town Justice Stephen F. Swinton Jr. approved it, ordering Regan to serve 10 hours of community service and avoid any future arrests in exchange for dismissal of the charges at the end of March, according to court records and the Niskayuna town court clerk.
The so-called adjournment in contemplation of dismissal allows the judge to close the case without a conviction or admission of guilt as long as it is "in furtherance of justice." In such cases, the record is then sealed and, at least legally, it's as if nothing ever happened.
The Albany District Attorney's Office declined to confirm any facts about the case or provide the rationale for offering Regan the dismissal deal.
Al Baker, a spokesperson for the state courts, would not comment on Regan's arrest, whether she was under investigation for misconduct or faced any disciplinary action. "The [Unified Court System] is aware of the matter but declines to comment as it is ongoing," he said in a statement.
Court officials have been aware of the theft allegations for months. On June 13, an internal investigator for the court system sent a letter to the judge seeking court records and details on the arrest. While disciplinary investigations are often put on hold while criminal cases proceed, court employees suspected of misconduct may be suspended or have their duties altered.
But Regan remains in the position where she made $125,000 last year as the top-ranking nonjudicial employee in her courthouse.
Chief clerks holding Regan's position "supervise subordinate personnel, allocate court resources, prepare annual budget requests, make employee selection decisions, and are responsible for the receipt, accounting and disbursement of fines, bail fees, and other public or custodial funds," according to recent job postings on the state court website.
An August 2021 job posting for the chief clerk position she was elevated to in 2022 also notes that the assignment includes "budget management and control."
Regan, however, denied she oversaw her budget and said her office does not handle money. "My office has nothing to do with budgets. We do not prepare budgets. I do not balance budgets. I do not accept money," Regan said.
County officials confirmed that cash payments are handled by the county clerk and finance department.
Regan is represented by Mark J. Sacco.
The state is represented by Emily Schultz of the Albany County District Attorney's Office.
The case is New York v. Jennifer Regan, docket number 25060236, in Niskayuna Town Court.
--Editing by Robert Rudinger.
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