Christian Coomer (left)  gets sworn in by Gov. Nathan Deal as the newest judge to the State Appeals Court alongside his wife, Heidi. (Photo: John Disney/ ALM)

Georgia Court of Appeals Judge Christian Coomer told the Daily Report on Thursday he performed solid legal work at a reasonable rate and paid back a loan with interest for a former client who is now suing him for fraud.

"In my 21 years as a lawyer, including four years on active duty in the Air Force, 16 years in the Air Force Reserve, 15 years in private practice, and my time in public service, no one has ever before made such allegations against me," Coomer said in an email. "I've filed an answer to the lawsuit denying all allegations of fraud and setting out my defenses to the allegations."

Allegations from that lawsuit have now led to investigations by the Georgia Bureau of Investigation and the Judicial Qualifications Commission.

GBI Director Vic Reynolds said Thursday that Cherokee Judicial Circuit District Attorney Rosemary Greene requested an investigation May 1 into allegations of fraud made against Coomer.

"The investigation is ongoing," Reynolds said in an emailed statement.

Also Thursday, Judicial Qualifications Commission Director Chuck Boring confirmed that the group, which polices judicial conduct, has an open investigation.

"That's all we can say," Boring said.

W. Wright Gammon Jr. of Gammon, McFall & Villarreal in Cedartown filed the lawsuit March 6 in Bartow County State Court on behalf of James Filhart, who is now 78. The complaint accuses Coomer of fraud and of breaching his fiduciary duty in his representation of Filhart on several matters when Coomer had a private law practice.

Coomer closed up his law office on West Main Street in Cartersville in October 2018 after his appointment to the bench by then-Gov. Nathan Deal. Coomer had served eight years as a state representative from Cartersville, most recently as Republican majority whip. He had previously been the governor's legislative floor leader.

The work that led to the lawsuit started with a guardianship for Filhart's "girlfriend"—who was in a nursing home—for a $20,000 retainer. Filhart paid an additional $60,000, for which he said he never received an accounting. He also said he made loans for $159,000 and $130,000 to a holding company Coomer controlled. And he said Coomer drafted a will making himself executor and a beneficiary, which Filhart alleged is a violation of rules of professional conduct.

"I performed substantial legal services for Mr. Filhart, and the value of the time I spent performing those services exceeds what he paid in legal fees," Coomer said Thursday. "I obtained a successful result for him in a difficult and contested probate proceeding. I continued to perform substantial legal work for him after that case concluded in 2016."

The two got to know each other beyond the legal work.

"He spent many hours visiting my staff in our office, and my family in our home, and we became close," Coomer continued. "In the course of our relationship and friendship, he indicated he had money tied up that was not earning much return and offered to loan me money as he had done for others. I took him up on the offer, and in compliance with my ethical obligations, Mr. Filhart gave written, informed consent pursuant to Georgia's Rules of Professional Conduct Rule 1.8(a), acknowledging that he should consult other counsel regarding these transactions. The installments on each of these loans was timely paid, and they've all been paid off and satisfied in full."

Coomer also responded to the allegations about the will.

"Mr. Filhart decided to make me the beneficiary of his Last Will and Testament. At the time, he was of sound mind, as witnessed by two of his friends who were present at the signing of these estate documents and a notary public who knew him. He has certainly been free to change the provisions of his Will, and I believe he did so some time ago," Coomer said.

"I believe that I did good legal work for him and that my charges were appropriate and known to him when he paid them," Coomer said. "He loaned me money at a reasonable rate; I have honored the terms of those loans; and I have paid them off in full, with interest. I believe he knew what he was doing when all of these transactions were executed. I am disappointed that he has filed this action, but intend to defend myself vigorously against these allegations."

Gammon confirmed Thursday that Coomer paid back all loans in full with interest—"after we filed the lawsuit."

But the complaint also seeks attorney fees and punitive damages. Asked what Filhart would like to have happen now, Gammon said, "He wants to be made whole."

Gammon, who has had success both as a plaintiffs lawyer and a criminal defense attorney, said he is hoping to reach a settlement.

When approached by "the powers that be" over the investigations, "I asked them to please hold off," he said.

"I'm just trying to get an old man his money."