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Disciplinary Counsel v. O'Neill9/7/2004
dge O'Neill, "denied that she ordered the court reporter, Sandy Grego, not to make a record when Mr. Shwartz asked her (the court reporter) to go on the record after Judge O'Neill denied his request for a continuance." ( 274) At hearing she was asked "
Q: Do you stand by your assertion in your answer?
A: Yes. I did not deny him a record." (Transcript Vol. X -- 221)
113. O.R.C. 2301.20 provides that upon trial of a civil or criminal action the trial judge shall grant any party's request for a reporter. Crim. Rule 22 provides that all proceedings in felonies shall be recorded and in misdemeanors proceedings shall be recorded at the request of a party.
114. Testimony regarding the practices of Common Pleas judges as to making a written record described some variation in how it is to be accomplished but affirmed a litigant's rights to have a court's decisions evidenced in the written record. Judge Corzine testified that while some judges allow it at any time, others are more strict. It was never his practice or experience to deny an attorney the opportunity to make a record. (Transcript Vol. XI --165,178-179) Judge Parrott testified that attorneys have a right to make a record but a judge has the right to manage when the record is made. For example in criminal cases, he allows attorneys to make whatever record they desire before trial begins, "That's their protection., and mine, and everyone's there." (Transcript Vol. XI -196) Former Judge Tracey testified a record should be made of what a judge decides, however, the judge can control when that occurs so as not to disrupt ongoing proceedings. (Transcript Vol. XII -- 46)
115. LANE: "Pajama bank robber case" reported at s 65-69 above regarding prosecutor Reulbach's attempt to make a record at sentencing about compliance with the victim's rights statute.
116. CRUTCHER, FOSTER, TRIPLETT: Testimony taken from Jeffrey Scott Weisman (Transcript Vol. VII -- 212-246) Judge O'Neill (Transcript Vol. X -- 223-254) (Exhibits 276-346).
117. Michael Crutcher was represented by Jeffrey Scott Weisman (admitted 1990, Franklin County Public Defender) regarding a probation violation. On March 1, 2000 Weisman filed a Motion for a Recognizance Bond to get Crutcher out of jail. The first motion was set for hearing before Judge O'Neill on March 7, 2000 at 9:30 am and Weisman was in trial on March 7th in another courtroom. He checked in with Judge O'Neill's bailiff during breaks in his trial but later learned the motion was dismissed when he was not present when the motion was called.. He refiled the Motion for Crutcher and it was set for hearing at 9:00 am on March 13, 2000. At the same time he had another client, William Foster, who was also in jail and had a Motion for a Bond Reduction scheduled in front of Judge O'Neill for 9:30 am on March 13, 2000. (Exhibits 280, 285, 304) Weisman checked in at Courtroom 9A with the bailiff at 9:00 am and learned Judge O'Neill was not present. (Transcript Vol. VII -- 217-223) At 10:20 am Judge O'Neill was present and on the bench. Weisman requested that the bond hearings be held for his two clients and Judge O'Neill stated that his hearings could not proceed that day because a jury trial was starting. Judge O'Neill denied Weisman's request to take the motions to the duty judge and told Weisman to re-file or re-set the Motions.(Transcript Vol. VII -- 223-225) At the same time Regina Grenauer, another public defender (who was medically unavailable to testify) had a bond hearing before Judge O'Neill postponed. Weisman asked to make a record of these matters and Judge O'Neill refused and had the jury brought into the courtroom. (Exhibit 276 p.6)
118. Wei
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