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Disciplinary Counsel v. O'Neill9/7/2004
seek this sanction despite the recommendation of the panel that heard the case and against the recommendation of the Board of Commissioners on Grievances and Discipline.
{ } Finally, because of the multitude of minor charges that counsel chose to present to the panel, the hearing in this case took 19 days, a period of time that maximally taxed our volunteer hearing panel and the financial resources of Judge O'Neill. A sharper focus on the significant charges would have led to a more timely and economic resolution of this case.
RESNICK, J., concurs in the foregoing concurring opinion.
APPENDIX to concurring opinion of Pfeifer, J.
BEFORE THE BOARD OF COMMISSIONERS ON GRIEVANCES AND DISCIPLINE OF THE SUPREME COURT OF OHIO
In re: Complaint against Judge Deborah P. O'Neill Findings of Fact, Attorney Reg. No. 0007128 Conclusions of Law and Recommendation of the Respondent, Board of Commissioners on Grievances and Discipline of the Supreme Court of Ohio Disciplinary Counsel Relator.
Case No. 02-34
1. This matter came on for final hearing before panel members Judge Jack Puffenberger of Toledo, Ohio, Attorney Stanley C. Bender of Portsmouth, Ohio and Attorney Jean M. McQuillan of Rocky River, Ohio, Chair, on May 19, 20 and 21, August 5, 6 and 7, September 29 and 30, October 1, November 17, 18, 19, 20, 21, 24, 25 and 26, 2003 and February 2 and 3, 2004. None of the panel members was a member of the probable cause panel that heard this Complaint, or resides in the district from which this Complaint arose.
2. The panel heard testimony from ninety-nine different witnesses and received and considered the Stipulations of Fact and Stipulated Exhibits as to each Count. (Numbered Exhibits 1-529) The panel also considered Exhibits from each party as to each Count of the Amended Complaint. (Relator's Exhibits A-XXX and Respondent's Exhibits A-V)
3. This complaint originated from a group of grievances filed with the Office of Disciplinary Counsel in January 2001 signed by 8 Franklin County Common Pleas judges: Judges Watson, McGrath, Cain, Crawford, Miller, Bessey, Sadler and Hogan. Judge O'Neill received a first letter of inquiry relating to these grievances from Disciplinary Counsel dated January 19, 2001. Respondent submitted a reply dated March 6, 2001. A second letter of inquiry to respondent regarding additional matters was dated June 14, 2001 and Respondent replied to the second letter of inquiry on July 25, 2001. Within one year of the first letter of inquiry, on January 7, 2002, Relator provided to Respondent notice that the investigation had terminated and Relator intended to file a complaint. A draft complaint was submitted to Respondent on March 9, 2002. Respondent requested additional time to respond. On June 6, 2002 a Probable Cause Panel of the Board considered the complaint and on June 17, 2002 the complaint, as approved by Probable Cause, was filed.
4. Respondent's Answer was filed on July 8, 2002 and a panel was assigned on July 10, 2002. On July 23, 2002 Relator sent Respondent a third letter of Inquiry. With the agreement of the parties, the filing of an amended complaint was delayed until November 19, 2002, adding Count VI and other factual matters to the already existing counts. Respondent's Answer to the Amended Complaint was filed on January 15, 2003. Respondent filed a Motion for Judgment on the Pleadings or, in the Alternative Summary Judgment on February 20, 2003. Briefing of these Motions was completed on March 28, 2003. An entry denying the Motions was filed April 5, 2003. Final hearing dates were set based on the jointly proposed dates from counsel for the parties and the fi
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