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Disciplinary Counsel v. O'Neill9/7/2004
nforced to courts in which judges are far more flexible. What constitutes the "good cause" required in civil and criminal rules to justify a continuance varies depending on the facts and the practice of each individual judge. (Testimony of Judges Corzine and Parrott, former Judges Tracy, Tyack and Williams)
151. VIOLATIONS CHARGED ON COUNT 3:
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(B)(8) -- A judge shall dispose of all judicial matters promptly, efficiently and fairly;
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)(5) -- Engage in conduct that is prejudicial to the administration of justice.
152. The panel finds that Respondent has not proven by clear and convincing evidence that Respondent's denial of continuances in Count 3 violated the Canons or Disciplinary Rule as alleged. Judges are granted wide discretion to determine whether good cause exists to grant a continuance. The panel is disturbed by the contradictions between the testimony of Judge O'Neill and all other witnesses about the events surrounding these continuances, however, Respondent has not been charged with any violations of DR 1-102(A)(4) in this Count. While the respondent's statements and actions as described by the witnesses evidence errors of judgment and insensitivity by the Respondent, the panel finds they do not rise to the level of an ethical violation in an area where judges are granted such wide discretion.
153. COUNT IV: Respondent has repeatedly made misrepresentations in her interactions with lawyers, other judges and court personnel.
154. FREEMAN V. HOPKINS: Testimony taken from Stacy Simendinger (victim advocate)(Transcript Vol. VIII -- 239-255), Sandy Grego (Transcript Vol. VIII -- 212), Judge David Cain (Transcript Vol. X -- 79-89, 167-170), Judge O'Neill(Transcript Vol. X - 297- 319, XI -- 54 --57, 65-68, 69-72, 85-96) (Exhibits 409-423)
155. On January 24, 2000, Sarah Freeman filed a petition for an ex-parte emergency civil protection order per O.R.C. 2903.213(B), a "CPO" against Matthew Hopkins, an ex-boyfriend. At the time the petition was filed in Franklin County Common Pleas Court, the procedure was that these emergency petitions were to be handled by the duty judge assigned on the day they were filed.
156. Stacy Simendinger was a non-lawyer victim's advocate with the Stalking Unit of the prosecutor's office. She was assigned to assist Freeman with this petition as permitted by O.R.C. 2903.214(L). Simendinger accompanied Freeman to the Clerk's Office to file the petition. (Transcript Vol. VIII -- 250-252) There were criminal trespass charges against Hopkins. Hopkins had been arrested but refused at the jail for medical reasons, was transported to a hospital and then released. At the time Freeman filed for a CPO, Hopkins had not been re-arrested or arraigned. While Freeman could have obtained a stay-away order as a condition of bond on the criminal charges, Hopkins had still not been arrested an
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