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Disciplinary Counsel v. O'Neill9/7/2004
d her to go back to Municipal Court and get a stay-away order in the criminal case. (Transcript Vol. IX -- 82). Judge Cain testified that the last time Judge O'Neill had been duty judge in October 1999 a problem had occurred with Judge O'Neill's handling of another CPO. The previous incident involved float Bailiff, Wanda Karns and her efforts with Judge O'Neill to obtain a hearing for a man who had petitioned for a CPO. (Transcript Vol. IX -- 84-85) (See Panel Report 232- 236, below for details)
162. Judge Cain wrote a memo to Judge O'Neill about the Freeman case and copied it to all the judges. (Exhibit 419) In the memo he stated, "Yesterday I handled a petition for a Stalking Civil Protection Order necessary only because you refused to do so the day before despite the fact that the petitioner and witness assistants were in your courtroom with the properly completed forms." ..."Your refusal to properly address the matter caused a woman to go another day without her right to protection...A problem arose out of a similar matter the last time you were duty judge. When you are duty judge in the future, please give these people the attention they deserve and the law demands."
163. Judge O'Neill wrote a memo in response to Judge Cain on January 26, 2000 which began, "Again I have to respond to a memorandum from you that inaccurately accuses me of failing to perform my duties." Judge O'Neill stated: "The record, under oath by the complainant reflects that she had not been contacted in any manner by the alleged stalker (her ex-boyfriend) in a week, the last contact was a call to her place of employment, that menacing by stalking criminal charges had been properly filed but not served because the police had not located him yet, that she didn't know she could get a stay away order or Temporary Protection Order through the Municipal court case etc ,etc." The hearing record Judge O'Neill specifically invoked states that the last contact had been 5 days before, that the charges were criminal trespass and that an arrest had been made but the defendant was mistakenly released from the hospital and that the victim knew about criminal case orders. (Exhibit 420)
164. The memo goes on: "I did not refuse her or any other petitioner a hearing. I held the hearing. I did not find that she met the burden, but I told her to come back to me, that I would be here, if she couldn't obtain a stay away." "In this case I clearly told her the petition was denied but I would issue one if a stay-away or temporary protection order could not be obtained through the municipal case"... At no time did I refer her to you nor did she lead me to believe she would 'judge shop.' I left the courtroom under the impression that she would come back that afternoon or the next morning if she could not obtain the above-mentioned relief." (Exhibit 420) The hearing record does not contain any ruling on the petition, any reference to the burden of proof much less any invitation to Freeman to return to Judge O'Neill for further proceedings. (Exhibit 421) There was likewise no written order entered by Judge O'Neill denying or granting this CPO.
165. Judge O'Neill's memo concluded with a pointed criticism of Simendinger. "The City Attorney's Victim Assistant (not a lawyer) did not ask a single question of the complainant and could not answer any of my questions other that to say her supervisor told her to come down here. She didn't know what the procedures were or the facts of the case." (Exhibit 420) The actual hearing record indicates that Simendinger answered all of Judge O'Neill's questions and clearly knew the procedures.(Exhibit 421)
166. Judge Cain testified Judge O'Neill's written response "made no sen
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