 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Disciplinary Counsel v. O'Neill9/7/2004
sman, Grenauer and Trent Turner, the prosecutor, proceeded to Judge Michael Watson who was the duty judge. Judge Watson notified Judge David Cain who was the administrative judge. Counsel made a record before Judge Cain regarding their efforts to have these bond hearings held that morning. Judge Cain determined that Wesiman had to obtain hearing dates from Judge O'Neill as the assigned judge. (Exhibit 276 p.11) Weisman returned to Judge O'Neill's courtroom and received hearing times for the next day. On March 14, 2000 the Crutcher and Foster matters were resolved.(Transcript Vol. VII -- 231-235)
119. Judge O'Neill completed criminal case processing sheets for the Crutcher and Foster motions on March 13, 2000. For Crutcher she recorded:" Pass on bond until defendant gets verification of address and employment information." (Exhibit 284 p.2) Weisman testified he never agreed to "pass on bond" or said anything about address or employment information to Judge O'Neill on March 13, 2000. For Foster Judge O'Neill recorded "Pass on bond until 3-14-00. For plea." (Exhibit 306) Weisman testified he never agreed to pass on bond for Mr. Foster on March 13, 2000. (Transcript Vol. VII - 229-230) Judge O'Neill testified she completed the forms after she knew the hearings had been rescheduled for March 14, 2000. (Transcript Vol. X -- 247-250)
120. Judge O'Neill testified at hearing when asked about Weisman's testimony that she had refused him the right to make a record: "I think that there is some misunderstanding that that means I denied him a bond hearing or I denied him an opportunity to go on the record to record that he was denied a bond hearing. And that's not the case." Judge O'Neill testified that these motions were "add-ons" and the day's schedule could not accommodate them but they were heard the next day. (Transcript Vol. X -- 240)
121.VIOLATIONS CHARGED ON COUNT 2:
a) Canon 1 -- A judge shall uphold the integrity and independence of the judiciary;
b) Canon 2 -- A judge shall respect and comply with the law and shall act at all times in a manner which promotes public confidence in the judiciary;
c) Canon 3 -- A judge shall perform the duties of judicial office impartially and diligently;
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(E)(1) -- A judge shall disqualify herself in a proceeding in which the judge's impartiality might reasonably be questioned;
g) Canon 4 -- A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities;
h) DR 1-102(A)(4) -- Engaging in conduct involving dishonesty, fraud, deceit or misrepresentation;
i) DR 1-102(A)(5) -- Engage in conduct that is prejudicial to the administration of justice.
122. As to the Dennis and Lane cases, the panel majority finds by clear and convincing evidence that Respondent's conduct violated Canons 1,2,3,3(B)(2), 3(B)(4) and 4 and DR 1-102(A)(5). A Court must allow a party the means to preserve the Court's decisions. When Judge O'Neill ruled on Shwartz's oral motion to continue the trial he had a right to create a record of that ruling. Simply because Shwartz could resubmit the Motion in written form didn't abrogate the Respondent's obligation to follow the law. In Lane, Respondent also clearly denied a party a record. The stand-off between Judge O'Neill and Reulbach vividly described as the court reporter being a mario
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|