A seven-day hearing into whether a suspended Georgia Court of Appeals judge committed three dozen ethics violations concluded Thursday, with Christian Coomer’s attorneys arguing that while the judge made mistakes, he is a good man who deserves to remain on the bench.
Chuck Boring, director of the state’s Judicial Qualifications Commission, said the former lawmaker took advantage of his friend and client when he borrowed more than $360,000 with terms favorable to himself. He also said Coomer violated campaign finance rules by transferring money between his campaign and law firm accounts and using campaign funds to supplement two overseas vacations with his family during his time in the state legislature.
As a result, he said in his closing arguments, Coomer should be removed from the bench.
“It’s the appearance of impropriety that really impacts the reputation of the judiciary,” said Boring.
The three members of the JQC panel overseeing the hearing were Fulton County Superior Court Judge Robert McBurney; lawyer Dax Lopez, a former DeKalb State Court judge; and Jack Winter, a retired businessman who served eight years on the state’s judicial watchdog commission. They began deliberating Thursday afternoon and they are expected to submit their recommendation to the Georgia Supreme Court in January.
Credit: Natrice Miller/AJC
Credit: Natrice Miller/AJC
Taking the stand Wednesday in his own defense, Coomer, a 48-year-old former state representative turned Court of Appeals judge, acknowledged making mistakes. He said he learned from those errors and will never repeat them.
Emotional at times, Coomer said the allegations against him tarnished his reputation and embarrassed his family. He admitted to “blurring the lines” between attorney and friendship when he asked former client Jim Filhart for three loans. But he said he repaid the money with interest — though most of it was returned after Filhart filed a lawsuit that accused Coomer of fraud and malpractice.
“We had a yearslong relationship that was close and personal,” Coomer testified. “I had no interest in doing anything wrong or bad to him. ... I’ve never stolen from anybody. I’m a moral person who does not engage in taking from other people.”
Attorney Mark Lefkow said his client served his country admirably in the U.S. Air Force and represented his Bartow County community well during his time in Georgia’s General Assembly. Lefkow said he hopes Coomer, who agreed to a voluntary suspension amid the ethics investigation, can put the allegations behind him and return to the Court of Appeals soon.
“This man has a lifetime of good conduct and deserves to wear a robe,” Lefkow told the panel. “He didn’t defraud anyone, he didn’t try to hurt anybody, he wasn’t dishonest and he wasn’t deceitful.”
Filhart, who testified during the first leg of the hearing in October, said he willingly loaned Coomer hundreds of thousands of dollars because he trusted him and viewed him as a friend.
The 80-year-old also said he likely never would have filed a 2020 lawsuit against the judge had he known it would result in years of depositions, hearings and disciplinary proceedings.
One promissory note listed Filhart’s own home as security for the loan, something Filhart said he was unaware of. Another loan to Coomer worth $159,000 was to be paid off in 30 years when Filhart would have been 106.
In addition to taking out large loans with terms unfavorable to his client, Coomer named himself the executor, trustee and beneficiary of Filhart’s estate, Boring noted. After being appointed to the Court of Appeals in late 2018, Coomer made his wife, Heidi, the trustee and executor of Filhart’s estate and gave her power of attorney.
Coomer testified that he followed his client’s wishes every step of the way, but admitted violating the Georgia Rules of Professional Conduct by drafting a will for Filhart in which he was the beneficiary.
Credit: Natrice Miller / Natrice.Miller@ajc.com
Credit: Natrice Miller / Natrice.Miller@ajc.com
“I would like to go back and change it and do it differently, but I don’t have that ability,” Coomer said Wednesday. “I was never trying to take advantage of him or take anything from him. While there were mistakes with him, I don’t think those kinds of mistakes (should) disqualify me from serving as a judge.”
Attorney Dennis Cathey told the panel he was disappointed in his client and that perhaps he should be reprimanded. Still, Coomer’s missteps shouldn’t result in the “death penalty” for his career, Cathey said.
“Imagine this ending this man’s career when you look at the balance of the rest of it,” he said.
Boring didn’t mince words as he placed the blame squarely on Coomer. Filhart, he said, was lonely and had no friends. He also trusted his attorney, “which is exactly why he was a mark in this case.”
“If he is so negligent in knowing the law, how can the public trust him to sit on the Court of Appeals?” Boring asked. “How can the public ever have confidence that he can enforce the rules when he can’t follow those rules himself?”
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