MONTGOMERY, Ala. (WSFA) - Court records indicate state prosecutors filed a plea agreement signed by former state Sen. David Burkette Monday, indicating he will plead guilty to a single misdemeanor count for a Fair Campaign Practices Act Violation for failing to properly utilize his campaign checking account.
According to the agreement which was signed on July 1, the state will not make a sentencing recommendation, citing in the agreement, “The State agrees to stand silent as to the imposition of a jail sentence.”
Burkette may argue against jail time but must accept a decision by the court.
Among other conditions listed in the plea agreement, Burkette must also pay $3,000 in fees, the state will not seek restitution. By virtue of the plea agreement, Burkette waives his right to an appeal and cannot seek office again for 10 years.
Burkette is accused of violating state campaign laws while running for the Montgomery City Council in 2015 and 2016 by depositing campaign contributions into his personal bank account rather than the campaign account.
He was scheduled to appear virtually during a plea docket Monday, however, a motion for continuance was filed and the hearing was pushed back.
Burkette has not formally entered a guilty plea in this case.
Burkette was arrested in early September, one day after he resigned from office.