FAYETTEVILLE — A federal judge has disqualified a law firm from representing a former Sheriff’s Office captain in a sexual harassment lawsuit.
Washington County Sheriff’s Office Sgt. Lori Schmidt and Cpl. Stephanie Guenther claim their federal civil rights were violated. Their lawsuit names Sheriff Tim Helder as a defendant along with Maj. Rick Hoyt and former Capt. Randy Osburn.
The lawsuit includes claims Helder and his subordinates have tolerated male employees talking openly about sexual practices and watching strip searches of female prisoners.
Helder and Hoyt are accused of improperly dismissing a sexual harassment complaint filed by Schmidt against Osburn in March.
The complaint also claims free speech violations.
Taylor Law Partners of Fayetteville was representing Osburn.
Schmidt said the firm represented her in a divorce. Guenther said the firm represented her husband in his divorce, custody and child support disputes with his ex-wife. The women said they shared confidential and privileged emotional and financial information with Taylor firm lawyers. They asserted to the court Osburn could unfairly use that information against them in their sexual harassment case.
The women asked the court to bar the Taylor firm from representing Osburn. U.S. District Judge Jimm Hendren agreed, saying while the issues in the cases are different, both may involve financial and emotional issues. Hendren said the women’s financial and emotional conditions could be relevant to the sexual harassment lawsuit.
“Even without knowing the precise confidential information which is said to have been disclosed and, therefore to be entitled to protection under attorney-client privilege, the Court believes it would be imprudent at best and perhaps — in a worst-case scenario — improper for the Taylor Law Partners to be permitted to represent defendant Osburn in this matter,” Hendren said in his written opinion.
Hendren said his conclusion was not intended to suggest any improper or unethical conduct on the part of the attorneys at Taylor Law Partners but rather the information obtained earlier could help Osburn in the sexual harassment case.
Osburn has 30 days to get a new lawyer.
Attorneys with Taylor Law Partners declined to comment on the ruling.
Charles Kester, an attorney for the women, said Hendren made the right decision.
“After giving careful consideration to the issues, Judge Hendren made the only decision that would preserve the integrity of the judicial process,” Kester said.