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Disciplinary Counsel v. O'Neill9/7/2004
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d) Canon 3(B)(2) -- A judge shall be faithful to the law and maintain professional competence in it;
e) Canon 3(B)(4) -- A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers and other with whom the judge deals in an official capacity;
f) Canon 3(B)(7) -- A judge shall not initiate, receive, permit or consider communications made to the judge outside the presence of the parties or their representatives concerning a pending or impending proceeding.
g) Canon 3(E)(1) -- A judge shall disqualify herself in a proceeding in which the judge's impartiality might reasonably be questioned;
h) Canon 4 -- A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities;
i) DR 1-102(A)(4) -- Engaging in conduct involving dishonesty, fraud deceit or misrepresentation;
j) DR 1-102(A)(5) -- Engage in conduct that is prejudicial to the administration of justice.
94. In considering the violations alleged in Count 1 the Relator argues that these incidents comprise a pattern of misconduct and that each individual incident on its own may not be a violation of the Code of Judicial Conduct or the Disciplinary Rules. There are no Ohio cases brought to the panel's attention, which have used this approach, however, the Preamble to Code of Judicial Conduct provides the following guidance to the panel. "It is not intended, however, that every transgression will result in disciplinary action. Whether disciplinary action is appropriate, and the degree of discipline to be imposed should be determined through a reasonable and reasoned application of the text and should depend on such factors as the seriousness of the transgressions, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system and for the protection of the public." As detailed below , the panel majority concludes that each incident which is found to violate the Canons or Disciplinary Rules will stand on its own merits.
95. Respondent has argued that throughout the Amended Complaint any conduct which involves the exercise of judicial discretion by Respondent cannot be the subject of disciplinary action and that an appellate reversal of any judicial decision by Respondent for an abuse of discretion cannot be the basis for disciplinary action. In considering Respondent's actions throughout this Amended Complaint while the panel majority has considered the existence and effect of judicial discretion where it is relevant, it does not find that such discretion is an absolute bar to examining Respondent's conduct under the Canons of Judicial Conduct or the Disciplinary Rules. The panel majority likewise does not find that an appellate court reversal of Respondent's decisions mandates the existence of misconduct. The panel majority concludes that judicial discretion and appellate court reversals are but two of many factors to be considered in judging each incident alleged in the Amended Complaint on the specific facts presented.
96. The panel majority concludes in multiple incidents in Count 1 that in criminal cases Judge O'Neill used improper means to coerce pleas or to retaliate for the actions of counsel. The panel finds these actions to be some of the most serious charges in the Amended Complaint. In Righter, Cox, and Woerner, the panel majority finds by clear and convincing evidence that the Respondent coerced pleas from criminal defendants by threatening to or actually revoking their bond if they chose to refuse pleas and go to trial. In Montoya, the panel majority finds by clear and convincing evidence that the defendant's bon
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