ST. CLAIRSVILLE — Belmont County Commissioner Mark Thomas has been ordered to provide records to a plaintiff’s attorney by Jan. 4 or serve 30 days in jail for contempt of court.

Common Pleas Judge John Vavra imposed the order in court Wednesday, according to Belmont County Clerk of Court records. According to Vavra’s office, Thomas must report to jail by 9 a.m. Jan. 11 unless he provides the information.

Court records indicate that Vavra ordered Thomas in November to supply files for a trustee client named Alma Lukas. Lukas’ power of attorney, Kathy Amos, filed a civil case against Thomas earlier this year.

The case involves Thomas in his capacity as an attorney, not as a commissioner.

Thomas, a Democrat, was defeated in his attempt to be re-elected in November’s by Jerry Echemann, a Republican. His law license was suspended for five years in Ohio in May. In August 2017, he consented to voluntary disbarment in West Virginia; Ohio said it was duplicating that disbarment when it opted to suspend.

Thomas’ voluntary disbarment in West Virginia came last year as he faced charges in Ohio County for embezzling $36,000 from a client. He was found innocent of those charges April 11.

According to Vavra’s office, Thomas had power of attorney for Lukas several years ago. Amos was later invested with power of attorney and Thomas failed to turn over documents, and the new individual sued for an injunction for those documents.

“He was sued by a woman. He did not appear in the case. We had a trial, and as a result of the trial he was ordered to turn over a file and all paperwork and records that he had concerning this person,” Vavra said, adding that Thomas did not appear for the trial in July. “Based on the woman’s testimony, I granted her request because it was unopposed, and ordered him to turn over all of his records … to the plaintiff.”

Vavra said the reason for the decision to change power of attorney was not disclosed. Vavra said issues related to the case continued through December.

“He was given until July 31 to turn over all of his records. He didn’t do it,” Vavra said, adding that Thomas and the plaintiff agreed that Thomas would turn over the paperwork by the end of August, but Thomas did not do so.

“The plaintiff filed a motion for a contempt finding because he had disobeyed the court order. We scheduled that for a hearing (Nov. 13),” Vavra said, adding that as a result the deadline for providing the records was extended to Nov. 30. “We continued the hearing until this past Monday, Dec. 10, to make sure that he had done what he had supposed to do … He didn’t show up for the hearing on the 10th, so I had no choice but to find him in contempt for violating the court orders.”

Thomas said via email the proceedings arose from a misunderstanding.

“I have properly taken care of this file for seven years and all is in order. I did not intentionally miss any court hearing and counsel will have all the files I have well before January 4, 2019. This, like many other cases filed, has two sides to it and I will continue to comply as I have always done,” he said via email.

“I sentenced him to 30 days in jail, but under the law of Ohio you have to give what is called a purge period. They have to be given the opportunity to free themselves or purge themselves of their contempt. Now he has until Jan. 4 to turn over all those records and files. If he doesn’t, then he goes to jail on Jan. 11 for 30 days.”

Vavra said the jail date for January was not related to Thomas’ concluding term as commissioner, but was the standard 30 days to report to jail.