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Disciplinary Counsel v. O'Neill9/7/2004
er ability to control the defendant for the purpose of yelling at her about the earlier incident. The defendant was free and unrestrained and he was a defendant who had just had words with the judge. Schwaigert pushed the defendant through the door to lockup as quickly as she could as Judge O'Neill continued to walk toward her and yell her comments. She was embarrassed by Judge O'Neill yelling at her and she felt like a kid in school but she was far more concerned that Judge O'Neill had compromised courtroom security by her actions. (Transcript Vol. XII -- 101-122) Schwaigert waited several days but made an incident report expressing her security concerns. (Exhibit Y)
195. Judge O'Neill testified that she was not upset with Schwaigert but was upset with the attorney. She did not yell or say that Schwaigert was rude to her. She was never in the immediate vicinity of the defendant and had no reason to be concerned that the defendant was angry with her -- he was angry with his attorney. (Transcript Vol. XVI -- 193-194)
196. James A. Karnes (sheriff of Franklin County since 1992) testified that their department policy regarding inmates brought to court is that they are brought in jail clothes unless there is a request to dress them for trial. He was aware of no standard policy regarding attorneys being allowed in a courtroom lockup during a trial. He became involved in problems between his deputies and Common Pleas Court judges only if their immediate supervisors couldn't handle the problems. He was personally unaware of any issues between deputies and Judge O'Neill (Transcript Vol. XVII -- 40-46).
197. ZAZWORSKY V. PETRELLA:Testimony taken from Mary Jane McFadden (defense attorney)(Transcript Vol. XIII - 85 --175), Robert Cohen (plaintiff's counsel)(Transcript Vol. 177-216), Mary Jane Martin (prosecutor)(Transcript Vol. 217-229), Judge O'Neill (Transcript Vol. XVI -- 212-224, XVII -- 175-177) (Exhibits 474-497)
198. This was a civil case which involved a reverse stock split relating to the buyout of a bank. It presented issues regarding Delaware law and conflicts of law and battling expert testimony relating to the valuation of bank stock. At the time of the scheduled trial date before Judge O'Neill on December 14, 1998 counsel testified there were three Motions in Limine pending. (Transcript Vol. XIII -- 100)
199. On Monday morning December 14, 1998, counsel checked in at Judge O'Neill's courtroom and were told that the case would be heard by Visiting Judge Paul Martin. Judge Martin was a retired judge, having served 22 years on the Franklin County Common Pleas Court.
200. Counsel met with Judge Martin who reviewed the court's case file with the parties. Judge Martin declined to hear the trial and advised them to go back to Judge O'Neill. The reasons he stated were pending undecided Motions in Limine, the estimated length of case (counsel predicted 2 weeks) given Judge Martin's limited availability for only that week due to a previously scheduled vacation and his lack of resources such as access to staff attorney or law library to address the out of state legal issues presented. (Transcript Vol. XIII -- 107-108) Parties and counsel returned to Judge O'Neill courtroom and met with Judge O'Neill and advised her of Judge Martin's position and reasons. Judge O'Neill ordered them to go back to Judge Martin and deliver the message that he had to hear the case. McFadden delivered the message and Judge Martin declined to hear the trial again. (Transcript Vol. XIII -- 112-114)
201. The parties returned once more to Judge O'Neill. Judge O'Neill was angry, placed a call to Judge Cain, spoke to both attorneys and then had them take places in
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