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Disciplinary Counsel v. O'Neill9/7/2004
ance explaining his clients' religious obligations. On April 7, on Leickly's suggested entry granting the continuance Judge O'Neill writes:" Denied, at time case was continued on 3/10/97 and new date given, counsel did not notify the court of any conflicts. The case is overage by 2 months and burgeoning dockets do not allow for short continuances." (Exhibit 354), 355)
131. Leickly discussed the ruling with his clients and was instructed to appear at the trial date to repeat the request for a continuance but not to defend the Margolises if the trial proceeded. On April 22, 1997 Leickly appeared and renewed his request for a continuance which was denied. Schaeffer, plaintiff's counsel, stated on the record that he had no objection to the continuance. Judge O'Neill proceeded to trial and granted judgment to the plaintiffs for approximately 2 million dollars and ordered Schaeffer to prepare an entry.
132. Shortly thereafter Judge O'Neill and counsel received phone calls from a reporter from the Columbus newspaper "The Other Paper" which lead to a story published on April 24, 1997 with the headline "Debbie Doesn't Do Passover" reporting these events. (Relator's Exhibit K)
133. On April 30, 1997 Judge O'Neill filed a five page "Entry" in the Margolis case which related in detail the progress of the litigation and stated in pertinent part: "the defendant's counsel failed to zealously defend his clients as required by Canon 7 of the Code of Professional Responsibility, especially in light of the Court's willingness to excuse the defendants from the trial and instruct the jury that their absence was in observance of their religious holiday and use their deposition in lieu of live appearance which is permitted by Civ. Rule 32, the court had not other evidence before it and therefore rendered judgment in favor of the plaintiff.". Both Leickly and Schaeffer testified that Judge O'Neill never discussed talking to the jury or excusing defendant's absence on the day of trial (Transcript Vol. VIII -- 136,173). The entry further stated, "The Court's denial was based upon defendant's failure to comply with Sup. R. 7 and Loc. R. 45.01 and the Court's belief that the request was based on delay and dilatory tactics. With the burgeoning civil docket, the Court is unwilling to grant continuances due to a party's failure to be prepared to proceed." Neither Leickly nor Schaeffer ever heard Judge O'Neill mention compliance with the Local Rules as the reason the continuance was denied nor is that stated in the transcript from the trial date (Transcript Vol. III)(Exhibit 356) Judge O'Neill concluded this "Entry" by directing plaintiff's counsel to once again prepare the judgment entry and submit it to the Court. (Exhibit 357)
134. Leickly appealed the judgment to the Tenth District Court of Appeals which reversed the judgment as an abuse of discretion and remanded the matter. (Exhibit 362) The case was settled.
135. NEZVALOVA: Reported at - , above.
136. SMILEY: Reported at - , above.
137. MONTOYA: Reported at - above.
138. GOSNELL V. KIRKBRIDE (Attorney Dan More) Testimony taken from James Gilbert (plaintiff's counsel), Jeanine Amid,(plaintiff's counsel) Christina Corl (defendant's counsel) and Judge O'Neill (XI -- 248-256 X -- 252-264)
139. Attorney Dan More represented the City of Upper Arlington in this civil litigation which involved an off-duty officer who shot 2 civilians after a car chase. The officer, Kirkbride, faced criminal charges for this same incident. Both the criminal and civil case were assigned to Judge O'Neill. James Gilbert (admitted 1975,Private practice, partner at Crabbe, Brown) and Christina
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