Suspended Crawford County coroner, attorney ordered to pay county nearly $107,000

A judge has ordered suspended Crawford County Coroner Allen O’Neal and his attorney to pay Crawford County nearly $107,000.

O’Neal filed a lawsuit against the county last year that asked a judge to require the county to provide him with an office, a car, Internet access and fax equipment at his home, along with other items or money to do his job.

Chief Macon Circuit Superior Court Judge Tripp Self dismissed O’Neal’s suit May 4, saying it lacked merit.

He signed an order Thursday requiring O’Neal and his lawyer, Michelle Smith, to pay the county not just the $70,487 it incurred defending itself against O’Neal’s suit, but also $36,183 it paid for O’Neal’s legal fees.

Contacted Friday, Smith responded by email that she and O’Neal plan to appeal the judge’s order and pursue breach of contract claims against the county.

She said the requests sought by O’Neal in his lawsuit were “reasonable,” and she will continue to represent him in the criminal case that alleges he violated his oath of office, an offense he denies.

Donations are being accepted toward O’Neal’s legal bills at www.fundrazr.com in the name of the Legal Defense Fund of David Allen O’Neal, Smith said.

A bank account will be established at a local bank next week to also accept donations, she said.

Duke Groover, an attorney representing Crawford County, said his client is “very pleased with the judge’s order.”

“We think it is well-written, well-reasoned and correct,” Groover said.

In his order, Self took O’Neal and Smith to task, writing, “This sort of frivolous suit undoubtedly erodes the public’s confidence in our legal system, and, in this case, local elected officials.”

The judge said O’Neal has “embarrassed himself” and his office with “continued antics and unfounded, improper demands.”

Smith “should have known this suit was utterly baseless” and “has discredited herself, harmed the legal profession and reinforced the most negative stereotypes of lawyers,” Self wrote.

O’Neal and Smith caused taxpayers to “unnecessarily” spend nearly $107,000, the judge continued.

“Such arrogant disdain for the taxpayer and the law is reprehensible and should not be tolerated by the courts,” he wrote.

In support of his decision, Self wrote that O’Neal “failed to mount anything closely resembling a legitimate defense of his position” regarding the lawsuit.

O’Neal “repeatedly admitted” in a deposition that he was able to perform his duties with the equipment, supplies and budget provided, according to the order.

Then, after filing the suit, O’Neal conceded he no longer wanted some of the items he’d sued to receive, Self wrote.

“He had the audacity to sue for a ‘nicer’ office and arrogantly demanded the county give him a Cadillac as a county vehicle, notwithstanding that he had performed his duties without them for 30-plus years,” the judge wrote.

Lawyers representing the county argued at a hearing last week that the law allows a judge to order a plaintiff -- such as O’Neal -- to pay the opposing side’s legal fees in cases found to be frivolous.

Although Crawford County commissioners weren’t required to pay for O’Neal to hire a lawyer, they voted to do so to “end bickering” and reach a quicker resolution, the lawyers argued.

Smith argued at the hearing that O’Neal shouldn’t have to pay back money the county didn’t have to front him for his legal fees.

Gov. Nathan Deal issued an executive order last month suspending O’Neal from office pending the outcome of criminal charges lodged against him or the expiration of his term, whichever happens first.

O’Neal was indicted June 16 on two counts alleging that he violated his oath of office by not responding to a death call May 2 and firing a deputy coroner who did respond.

O’Neal has proclaimed he hasn’t done anything wrong. No trial date has been set.

O’Neal’s term in office is set to expire Dec. 31, 2016.

Robert Cody has been serving as acting county coroner since May 11.

Information from Telegraph archives was used in this report. To contact writer Amy Leigh Womack, call 744-4398 or find her on Twitter @awomackmacon.

This story was originally published September 4, 2015 at 11:00 PM with the headline "Suspended Crawford County coroner, attorney ordered to pay county nearly $107,000 ."