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Disciplinary Counsel v. O'Neill9/7/2004
o sentencing. (Exhibit 448 p.268) In sentencing Judge O'Neill stated that Biggs was an hour late for trial on September 26 without just cause or apology and that Biggs had been engaging in disruptive behavior throughout the trial. When challenged by Schopis about Biggs' lateness Judge O'Neill stated in the record, "...That's not exactly what was said, and you weren't here, and I was here before 9 o'clock yesterday, and when she walked in here, you were not here." (Exhibit 452 p.273) The parties stipulated that the court parking garage records show that Judge O'Neill arrived at 9:30 am on the morning in question. Schopis also took exception on the record with Judge O'Neill's characterization of Biggs behavior as disruptive and testified that Biggs was no more disruptive or reactive than any other unsophisticated client sitting at a trial table. (Transcript Vol. IX -- 33-37) (Exhibit 452 p.272-273)
173. July 22, 1999 Judges Meeting: Testimony taken from Judge David E. Cain (Transcript Vol. 187), Judge Nodine Miller (Transcript Vol. IX - X - 94-107,142-144), Judge Patrick McGrath (Transcript Vol. X -- 175-161,194-197), (Exhibits 454-457)
174. On the agenda for the Franklin County Common Pleas Court monthly judges meeting on July 20, 1999, was a motion by the Rules Committee to amend Local Rule 81 concerning a litigant's right to make a record. Judge Nodine Miller, chair of the Rules Committee had prepared a memorandum about the proposed rule change dated July 12, 1999 which was distributed to all Common Pleas Court judges in advance of the July 22, 1999 meeting. (Exhibit 457) The memo stated that "Within the last several months there have been at least three serious incidents involving a trial judge's dictatorial control over the official court record which has resulted in prejudice to the rights of the parties. In two instances, prosecutors demanded the right to include judicial action on the court's record. In one instance a defense attorney made the same demand." The proposed amendment to the Local Rule expressly granted parties the right to memorialize for the record any action taken in a criminal or civil case and also provided guidance for a court reporter if the reporter was instructed by the trial judge not to record any action taken or request made. Judge Miller testified that she was aware of complaints from Myron Shwartz (see Dennis, Panel Report at 108 - 114), Sue Ann Reulbach and Dan Cable (See "pajama bank robber"/Lane, Panel Report at 65- 69) and Joe Landusky about Judge O'Neill's control of the record. (Transcript Vol. IX -- 199)
175. At the July 22, 1999 meeting Judge O'Neill asked if the proposed amendment was in response to something Judge Sheward had done. (Transcript Vol. IX -- 73-74,206-207) Judge Miller stated in response, "No, the complaints we've gotten concern you." (Transcript Vol. IX -- 74, 206-207, X -- 159-160) Judge Miller, Judge Cain and Judge McGrath testified that in reply Judge O'Neill stated that she had never denied anyone the opportunity to make a record. (Transcript Vol. IX -- 74,207, X -- 161) Judge Miller challenged Judge O'Neill's assertions and Judge O'Neill asked, "Are you calling me a liar?" (Transcript Vol. IX -- 74) Judge Miller responded , "Well, you're lying right now." (Transcript Vol. IX -- 206, X --157) Proposed Local Rule 81 was passed by a vote of 10-2 with one abstention.
176. March 26, 1999 Statements made by Judge O'Neill to Sandy Grego about Sue Ann Reulbach bringing charges against Grego for Grego's failure to make a record in Lane, reported in detail at Panel Report s 65- 69, above.
177. March 29, 1999: Testimony taken from Joan Richards (court administrator)(Transcript Vol. VIII -- 185-195, 1
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