 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Disciplinary Counsel v. O'Neill9/7/2004
misrepresentation of the events of the previous day to make it appear that she had in fact, heard and ruled on an ex-parte petition assigned to her as the duty judge.
183. In Biggs, the Respondent's misrepresentation of the time of her arrival at court may seem trivial but Respondent relied on it to find that the defendant was tardy as a sentencing consideration. In the same way the time of Grego's hair appointment may seem totally irrelevant until it became the basis for Respondent seeking employee discipline for a court employee whose regular working hours end at 5:00 pm. Maintaining that Grego left once a week at 4:30 pm was not only false but accused a court employee of shorting her hours every week,. Respondent's statements to Grego regarding charges being brought against her by Reulbach for failing to take a record in the "pajama bank robber" case were doubly false because they not only accused Grego of being the person who failed to take a record but also represented that Reulbach blamed Grego for the lack of that record.
184. Respondent's statement in the July 20, 1999 judges' meeting that she never denied any person a record is contradicted by her written statements in September 1998 to the Supreme Court responding to Myron Shwartz's Affidavit of Prejudice in Dennis admitting that she had denied him a record as well as her conduct in the Lane matter in March 1999, when Judge O'Neill refused to allow the prosecutor to make a record about the victim's absence at sentencing.
185. These multiple misrepresentations, along with other misrepresentations found to violate DR 1-102(A)(4) in Counts 1 and 5 of this Complaint are considered by the panel majority to be the most serious charges against the Respondent. Dishonesty and misrepresentation are antithetical to the integrity of the judiciary and prejudicial to the administration of justice. By clear and convincing evidence the panel majority concludes that Respondent's conduct in every incident in Count IV has violated Canons 1, 2, 3, 3(B)(2), 3(B)(4) and 4 and Disciplinary Rules DR 1-102(A)(4) and DR1-102(A)(5).
186. COUNT V alleged that Respondent has consistently displayed rude behavior toward her own staff, other court personnel, attorneys, litigants as well as members of the public. This includes undignified and discourteous statements to or about deputy sheriffs, probation officials, jury commission staff and other judges.
187. CARRINGTON: Testimony taken from Denise Schwaigert (deputy sheriff) (Transcript Vol. XII -- 87-135), Michael Herrell (deputy sheriff) (Transcript Vol. XII -- 135-160), Charles Austin (deputy sheriff)(Transcript Vol. XII -- 160-175), Judge O'Neill (Transcript Vol. XVI -- 184-193), and on behalf of Respondent, Sheriff James A. Karnes (Transcript Vol. XVII -- 40-46), (Exhibits 471-473), (Relator's Exhibits U -- X)
188. On October 27, 1999, Ricky Carrington had a scheduled court appearance in Judge O'Neill's courtroom. He faced charges of theft, an F-5. Deputy Sue McCoy was assigned to Judge O'Neill's courtroom. Deputy Denise Schwaigert (17 years deputy sheriff, retired 2003) arrived at Judge O'Neill's courtroom that morning to assist.
189. At the time of her arrival Schwaigert testified that Judge O'Neill was upset and angry. Schwaigert tried to whisper to McCoy to sort out what was happening and Judge O'Neill yelled at them, slamming files down on the bench. (Transcript Vol. XII -- 91-92) Judge O'Neill was starting a trial and the defendant, Ricky Carrington, was not dressed in street clothes. According to a policy adopted with the Common Pleas Court Judges a month earlier, (Exhibit 473) the deputies had a record from the jail that Carrington had
Page 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|