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Disciplinary Counsel v. O'Neill9/7/2004
endant was two hours late, explaining that he had been unable to get transportation. Summoning them to the bench, respondent lost her composure, slamming books and desk drawers and screaming about how the defendant had interfered with her intention to leave at 11:00 a.m. that day.
{ } Respondent then proceeded to sentence the defendant, notwithstanding her consent to a presentence investigation on the day before. His counsel was therefore not prepared to speak on sentencing or mitigation. Respondent sentenced the defendant to six months with jail credit. Respondent testified before the panel that she did not remember speaking with defense counsel but also insisted that she would not have had a conversation of that kind under the circumstances of that case. The board credited defense counsel's testimony and found respondent's sentencing of his client to be retaliatory, a finding that we now adopt.
{ } Similarly, in a tenth case, a defendant charged with bank robbery made an unexpected plea of guilty to the full indictment at a first pretrial, and the prosecutor requested a continuance until a bank teller was able to be present to make a victim-impact statement, a privilege guaranteed by the Ohio Rights of Victims of Crimes Act, R.C. 2930.14. Respondent refused, saying, "I want to get this case off my docket." A debate ensued in which the prosecutor repeatedly refused to proceed until she was permitted to explain on the record why the victim had not been allowed to testify, and respondent repeatedly refused to allow a record to be made. None of these discussions appeared on the record, and respondent did not grant a continuance until the Franklin County Prosecuting Attorney himself gave respondent a copy of the victims' rights statute. Respondent later falsely told the court reporter that the prosecutor was considering disciplinary action against the reporter for the reporter's failure to make the requested record.
{ } Respondent insisted that she had adequate justification for her actions in these cases and that she had not attempted to force the defendants to plead to charges against their wishes. Respondent's explanations and denials, however, were contradicted by virtually all of the witnesses to these events and, at times, by the records she prepared to document them. We therefore accept the board's credibility determinations on these facts and also find respondent's accounts to be implausible.
{ } Upon review of the board's factual findings relative to Count I, we agree that respondent engaged in a series of transgressions that violated the following provisions of the Code of Judicial Conduct and the Code of Professional Responsibility: Canon 1 (a judge shall uphold the integrity and independence of the judiciary), Canon 2 (a judge shall respect and comply with the law and shall act at all times in a manner that promotes public confidence in the judiciary), Canon 3 (a judge shall perform the duties of judicial office impartially and diligently), Canon 3(B)(2) (a judge shall be faithful to the law and maintain professional competence in it), Canon 3(B)(4) (a judge shall be patient, dignified, and courteous to litigants, jurors, witnesses, lawyers, and others with whom the judge deals in an official capacity), 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), Canon 3(E)(1) (a judge shall disqualify herself in a proceeding in which the judge's impartiality might reasonably be questioned), Canon 4 (a judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities), DR 1-102(A)(4)
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