Submitted by Susan Hardee Steger
Nassau County Attorney David Hallman confirmed to the Fernandina Observer that Florida’s First District Court of Appeal ruled against County Clerk John Crawford. The ruling was a simple statement, “Per Curiam Denied.” All three Judges with the First District concurred with the ruling. To view ruling, click here.
Crawford’s comment on the outcome of the case follows:
“I’m astounded that there’s no detail, no written opinion, and no
instruction as to the law in the court’s response. They appear to take
no position on the law except to just deny the appeal. But, regardless
of what appears to be the present position of the First District Court
of Appeals, a Clerk and Comptroller is clearly not allowed to pay a bill
which appears to be illegal, pursuant to 129.09 Florida Statutes.
This places an incredible burden on a Clerk because if he/she willingly
and knowingly ignores 129.09 Florida Statutes, he/she then subjects
himself/herself to severe civil and criminal penalties, but worse, fails
to uphold the trust vested in the office.”
Crawford’s decision to seek an opinion before the Court of Appeal is estimated to cost $85,000 for outside legal fees.* The disagreement was over a $4,500 court fee for mediation ordered by Judge Foster in a divorce case. Crawford refused payment claiming state funds for this purpose were available. Chief Judge Donald R. Moran from the 4th Judicial Circuit intervened and ordered payment. The mediation fee was eventually paid by Crawford under protest.
We have requested comments from Nassau County Clerk John Crawford and Judge Robert Foster. More information will be added to this post throughout the day.
To view oral arguments, click here.
*On November, 24, the Fernandina Observer asked Crawford about the $85,000 legal fees being reported. His reply was he has yet to receive the final bill. So when given the opportunity, Crawford did not dispute the figure. In addition Board Chair Danny Leeper was questioned as to where he obtained the $85,000 figure, Leeper responded, “I just confirmed the fees were reported through October by the Clerk’s Office. November fees are not available yet.”
November 27, 2013 12:11 p.m.
$85,000 in legal fees? That does not sound right. Even at $250 an hour that would be 340 billable hours or over 2 months work. Has this case been going on for years? Has it been heard in multiple courts? If not, then the $85K number is fishy.
Holy cow! If Crawford spends $85K on legal fees on a $4500 issue then he is being totally irresponsible. Isn’t he supposed to be the county’s fiscal watchdog?
I went to a lawyer the other day and asked him “Can I ask you 2 questions for $500?”
And he replied – “Sure, what is the 2nd question.”
Please note new information has been added regarding legal fees.
Nassau County Clerk John Crawford interpretation of 129.09 Florida Statutes, has now been found wanting by an Appellant Court (without explanation). The Honorable Mr. Crawford may feel compelled to continue his fight to have his position validated. If he believes so strongly, he has been ordered to break the law, violate the public trust and in so doing, has placed himself and his family at considerable personal risk, he should resign immediately. I can’t help but wonder if he would continue to press his view point if this were an expense he would have to incur personally.