Polk and Haralson County officials were officially served with a federal lawsuit in recent days that alleges that both entities were involved in discriminatory efforts to impede the work of Tallapoosa Circuit Juvenile Court Judge Laura Lundy Wheale since her appointment in 2019.

County Manager Matt Denton said the filing was under review and had no other comment at this time. A previous Equal Employment Opportunity Commission complaint did find no wrongdoing on the part of the counties.

The case was officially submitted to the federal docket to head toward a courtroom on November 13. Judge Wheale is seeking at least the money she was entitled to be paid in equal status with her predecessor, along with any benefits she might have enjoyed as a result of the discrimination the filing alleges she faced at the hands of officials after her appointment.

The filing by Judge Wheale’s attorneys on the case allege that due to several factors involved and alleged evidence of wrongdoing, that she has been a victim of discrimination due to her being the first female appointed to serve as the Juvenile Court Judge and that damages have been suffered including “emotional distress, inconvenience, loss of income and benefits, humiliation and other indignities.”

Five different counts are being sought for redress from Polk and Haralson, including disparate treatment in violation of Title VII of the U.S. Code, a second count of retaliation, a third accusing both counties of sex discrimination in violation of the equal protection clause in the Constitution, and two violations of the Equal Pay Act for not paying her the same as her male predecessor.

The 36-page filing alleges several issues that Wheale said she has faced since her March 2019 appointment, ranging from how much she’ll make as a judge, her ability to hire qualified employees, and the lack of resources that she’s faced since taking over the Juvenile Court bench in Polk and Haralson Counties.

Ciick the link to find the lawsuit below.

Filed in the Newnan division of the Northern District of Georgia, the federal suit cited her right under a previously-filed Equal Employment Opportunity Commission complaint made in August 2019 to file suit against both counties, finally given notice to be able to do so this past August.

The suit alleges first that both counties discriminated against her as the first female appointed to serve on the bench, and that she had expected to be paid the same salary as her predecessor, now Superior Court Judge Mark Murphy. Instead of the $151,000 that Murphy was making, Wheale was told that her budget was being cut and the salary – passed from the control of Polk County to Haralson amid her appointment – was going to be $113,577.

Wheale’s suit stated that the counties instead tried to reduce her salary “below the statutory minimum” and despite orders from Superior Court Chief Judge Meng Lim to set her salary at $134,000, neither county commission approved it. Lim had to file a second order to set it at the statutory minimum of $121,700 in order to “achieve Judge Wheale’s hopes of obtaining funding and autonomy essential to the operation of the Juvenile Court.”

“Ultimately, the proposed salaries for Judge Wheale had to be recalculated to comply with the minimum allowed under the Georgia statute for the position of Tallapoosa Juvenile Judge,” the suit claimed. “Defendants also continued to manipulate the Juvenile Court’s funding. The funding was cut to such an extreme that Judge Wheale was unable to hire qualified essential court personnel.”

The suit stated that not being able to have a qualified judicial assistant serving under Judge Wheale has caused “constant, acute stress resulting from the lack of proper assistance.” It is alleged in the filing this was a “tactic to make Judge Whele’s working life as miserable as possible so that she would either fail or leave her position.”

The suit stated that difficulties with both counties in funding for hiring of “qualified court personnel,” shuffling around of personnel to other duties, not being able to hire coordinators, and employees not complying with their responsibilities as several reasons why Judge Wheale is seeking Federal courts to make a determination as to whether she has been discriminated against.

Among other issues raised in the filing, Judge Wheale stated that crucial court paperwork that she needed in the transition in taking over the court last year was erased off of computers then used by Judge Murphy as he moved offices, and that those computers in the Polk County Courthouse were kept under lock and key for her office and she wasn’t given access.

She also stated that officials from both counties failed to provide her full information on the budget process for the court, and cited a reprimand from Denton for using volunteer staff in lieu of those paid by the court to “screen visitors” and have made no attempt to provide internship opportunities she wished to create for a law or college student to serve the court during times when they aren’t in school.

The suit did not cite any resolution of her need for computers in Polk County and the documents being erased from hard drives, but did say that her access to Haralson County facilities is nonexistent and until recent she was using her own personal computer for Juvenile Court work, and is sharing space with the Tallapoosa Circuit Drug Court in Haralson after working in the jury room.

“As a result, Judge Wheale has been deprived of computers, the basic tools of her job, foundational Juvenile Court documents, a decent budget by which to hire and pay competent employees, and even a space in which to work, all as part of an effort by the county Defendants to cause her to fail or force her to leave her position.”

Her suit also stated that her appointment caused an “uproar” within the legal communities last year.

Judge Wheale is being represented by Edward Buckley of Buckley Beal, LLP in Atlanta in the action.