Newly elected officials had to fire lawyers before dismissing lawsuits against city

Before Sheriff Donna Tompkins and Superior Court Clerk Ann Hardman could hire local attorney Ken Henson to file voluntary dismissals of their predecessors’ lawsuits against the city, they had to fire their predecessors’ attorneys.

Last Wednesday, the day before Henson filed the dismissal papers, Tompkins sent letters to Macon attorneys Kerry Howell and Duke Groover and Perry, Ga., attorneys Kellye Moore and Larry Walker, advising them of their dismissal.

Under a preface that says: “Re: John T. Darr vs. Columbus, Georgia, et al,” Tompkins’ letter read:

“As you know, I am the newly elected sheriff of Muscogee County. I understand the previous sheriff, John T. Darr, retained your firms to prosecute the above case. I have determined that prosecution of the above case is not in the best interest of the office of the sheriff, nor does it serve the interests of the citizens of Muscogee County.

“Therefore, your employment as attorneys for the sheriff is hereby terminated, effective immediately.”

Hardman’s letter was sent to Atlanta attorneys David Boone, Simone Siex, Ryals Stone and James Stone and Blakely, Ga., attorney William Stone. It is practically identical to Tompkins’, except for references to her office and former Superior Court Clerk Linda Pierce’s lawsuit.

Darr and Pierce sued the city in late 2014, claiming their office budgets were insufficient to carry out their obligations and that the city’s budgeting process was improper, if not illegal. Darr and Pierce lost their 2016 elections to Tompkins and Hardman, setting up the dismissal of their lawsuits Thursday.

Marshal Greg Countryman and Municipal Court Clerk Vivian Creighton Bishop co-filed a similar lawsuit at about the same time. Both faced opposition in the 2016 elections but retained their posts. Their lawsuits remain in Superior Court.

In the Darr and Pierce suits, the city had to pay for not only its lawyers, but for the plaintiffs, too, because they were constitutional officers. In the Countryman-Bishop suit, the city only had to pay its lawyers because the plaintiffs are not constitutional officers.

In all, the city has paid more than $2 million in legal fees in the cases.

The city has filed a counter-claim against Countryman and Bishop, seeking to get back $15,000 they paid their lawyers with their city-issued credit cards, which city officials said was in violation of the credit card agreement and state law.

This story was originally published January 9, 2017 at 7:31 AM with the headline "Newly elected officials had to fire lawyers before dismissing lawsuits against city."