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Disciplinary Counsel v. O'Neill9/7/2004
hould exercise their judicial functions with integrity, impartiality, and independence. They should perform their work with a high degree of competence, and should treat litigants, witnesses, attorneys, and others who appear before them with courtesy and respect. * * * In sum, they should inspire trust and confidence, and should bring honor to the judiciary." See Shaman, Lubet & Alfini, Judicial Conduct and Ethics, supra, at 1-2.
{ } With the foregoing sanction, we hope that respondent can learn to accord judges, lawyers, litigants, court employees, and the public the service, honesty, courtesy, and respect to which they are entitled and thereby once again earn the public trust that the judiciary should command.
{ } Costs are taxed to respondent.
Judgment accordingly.
MOYER, C.J., F.E. SWEENEY, WINKLER, O'CONNOR and O'DONNELL, JJ., concur.
RESNICK and PFEIFER, JJ., concur in judgment only.
RALPH WINKLER, J., of the First Appellate District, sitting for Lundberg Stratton, J.
ALICE ROBIE RESNICK,J., concurring in judgment only.
{ } I reluctantly concur in judgment only. Like the panel member who dissented from the panel's opinion, I view the allegations of Count V as the heart of this case. I believe that not all of the incidents detailed in the majority opinion's discussion of the other counts have been proven by clear and convincing evidence to constitute violations in their own right. However, unlike the dissenting panel member, I am unable to totally overlook all of the evidence supporting the other counts, particularly Count I, on which the majority has found disciplinary violations. I find, however, that Counts II and III have not been proven by clear and convincing evidence.
{ } The majority opinion has, except for a very brief mention, ignored the significant political aspects underlying the grievances that were filed against respondent. As the panel dissenter recognized, respondent's viewpoint that the complaints against her were politically motivated is supported by "substantial evidence" in the record. To a certain extent, some of the actions of respondent discussed in the majority opinion seem sufficiently open to question that some amount of piling on appears to be occurring, in that specific alleged instances of misconduct that would not normally themselves be the basis for charges are being used to bolster unrelated charges based on other events to further the overall case against respondent.
{ } Furthermore, as the panel dissenter recognized, some of the witnesses who testified against respondent, particularly as to Count IV and her interaction with other court personnel, appear to have "had their own agendas which compromised their credibility." It is evident that political and personal considerations that cannot be entirely disregarded permeate this case. Moreover, these charges should have been brought in a timelier manner. Some of the alleged behavior occurred as far back as 1997.
{ } Nevertheless, the record contains enough evidence of disciplinary violations beyond Count V that I believe an actual suspension from the practice of law is warranted. Like the majority, I believe that the board's recommendation of a full two-year suspension is inappropriate, based on a consideration of the entire record. Consistent with that view, relator's vigorous advocacy that respondent should be disbarred strikes me as so disproportionate to the magnitude of respondent's actions that it is unjustifiable.
{ } I believe that after all factors are weighed, a lesser sanction than that imposed by the majority opinion would be supportable, such as a two
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