OTTUMWA — Charges have been pending against Ellen Foudree, director of the Area XV Regional Planning Commission, since last fall. But it has been difficult for anyone locally to find out exactly what is in the case file for the past several months.

The reason appears to be a combination of a rare request by attorneys and travel restrictions placed on judges because of cutbacks in the Iowa judiciary’s budget.

Foudree, 60, is fighting charges of falsifying public documents and official misconduct. Both are Class D felonies punishable by up to five years in prison. Prosecutors say Foudree altered time sheets and overbilled communities by more than $90,000 on grant projects between July 1, 2000 and June 29, 2006.

The accusations were originally made by a disgruntled employee, and were enough to spur a state audit. Auditor David Vaudt concluded the accusations were accurate. The Iowa Attorney General’s office filed charges after Vaudt released the audit, though Foudree and the regional planning commission’s board say Vaudt’s conclusions were flawed.

Court files are generally open to public viewing through county clerk of court offices. But when The Courier requested the file on multiple occasions since February, the office has said it is in the possession of Joel Yates, the judge appointed to oversee the case.

Yates confirmed that when contacted on Monday. He said two factors are helping keep the file in Sigourney instead of Ottumwa. The first, according to Yates, is a “somewhat unusual” request by the defense to adjudicate law points.

Yates did not have the file in front of him Monday because he was in Poweshiek County, so he did not say what the specific request is. Online records don’t clear up the details, either. But what is clear is that the prosecution has filed a resistance to the motion.

The dueling places the question squarely in Yates’ lap.

“I’m in the process of working on a ruling on that,” he said. “[Such requests] don’t come that often.”

Yates said the extended delay in getting the file back to Ottumwa is due in large part to the restrictions on judges’ travel. Iowa district judges receive reimbursement for mileage they drive between counties in the course of their work. Budget cuts led the judiciary to restrict that driving, a move that left some counties without the routine presence of a judge to hear cases.

Wapello County has a resident judge, so it doesn’t have that problem. But the restrictions are making it difficult for Yates to return and get the file back to the courthouse.

“This time last year I would have been in Ottumwa every Monday at a minimum,” he said.

Yates said he understands that the file’s absence makes it difficult for the public to track cases. But there is not currently a definitive schedule for when he will be able to return to Ottumwa.

Matt Milner can be reached at (641) 683-5359 or via e-mail at mwmilner@mchsi.com