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Disciplinary Counsel v. O'Neill9/7/2004
98-200), Sandy Grego, court reporter (Transcript Vol. VIII -- 208-212), Judge O'Neill (Transcript Vol. XI -- 259-260)
178. When Sandy Grego was assigned as Judge O'Neill's court reporter in January 1996 she testified that she informed Judge O'Neill that on Thursdays she had a hair appointment at 5:30 pm and needed to complete her work on Thursday at the usual end of the workday at 5:00 pm. Judge O'Neill indicated at that time that she understood and it was not a problem. (Transcript Vol. VIII -- 209-210)
179. In March, 1999, Joan Richards was the Franklin Common Pleas Court Director of Court Services and was Sandy Grego's supervisor. She received a phone call from Judge O'Neill who complained that Sandy left every Thursday at 4:30pm for a 5:00pm hair appointment. Richards testified that Judge O'Neill was upset and said "she was tired of having to run my courtroom around Sandy's schedule" (Transcript Vol. VIII - 191-194).
180. Joan Richards spoke to Sandy Grego on March 29, 1999 and learned from Sandy that she had to leave at 5:00 pm, not 4:30 pm and that she had an earlier agreement with Judge O'Neill about this appointment. Richards believed Grego and took no action on the complaints made by Judge O'Neill. Richards testified that Judge O'Neill had a history of making complaints to Richards regarding employees which were not true. (Transcript Vol. VIII --194) Judge O'Neill testified that she did speak to Joan Richards about the hair appointments and a particular case in which there was a child witness at the end of the day. Judge O'Neill testified that it was an "end-of-the-day" issue rather than any particular time. Grego would be cleaning up her office at 4:40pm if they were not in trial and the time she stated may have come from that practice. (Transcript Vol. XI -- 259-260)
181. VIOLATIONS CHARGED ON COUNT IV:
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 4 -- A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities;
g) DR 1-102(A)(4) -- Engage in conduct involving dishonesty, fraud, deceit or misrepresentation;
h) DR 1-102(A)(5) -- Engage in conduct that is prejudicial to the administration of justice.
182. The panel majority finds by clear and convincing evidence that in each incident in Count 4 the Respondent made misrepresentations. The panel majority considers the incident involving Freeman v. Hopkins to be the most troublesome of these incidents. Respondent made detailed representations of what the court record contained the day after the events occurred because she maintained that Judge Cain had inaccurately accused her of failing to perform her duties. She copied those representations to every judge to defend her actions. Every representation she made was contradicted by the actual court record and established that she had not performed her duties -- she had neither granted nor denied the CPO, leaving the victim in limbo. Although the tone of Judge Cain's memo was not particularly collegial, that tone in no way justified Respondent's
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