 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Disciplinary Counsel v. O'Neill9/7/2004
rpassed his jail time credit and asked for a dismissal. Younger testified that Judge O'Neill stated that this was another example of the probation department 'cowering down' to the public defender and she wanted to make a record. (Transcript Vol. XII -- 244). Judge O'Neill asked if Younger had more evidence and witnesses to present relating to the grounds for revocation. Younger said that nothing had changed since the previous revocation hearing in January and he had no new witnesses. Judge O'Neill then suggested to Younger, "If you have no new evidence then you should just withdraw the statement of violations." Younger "had a strong feeling that I should do this" and "that I had to make a decision right there." (Transcript Vol. XII -- 249-250, 265)
215. In the transcript of the record Judge O'Neill stated "It's my understanding the Probation Department is caving into the Public Defender's office as usual, Jason. So, you're going to withdraw your request for revocation and we're going to release this guy for time served; is that right?" Younger agrees and Judge O'Neill continued: "I'll make sure that your supervisor knows about this one as well. This is adding to the growing list of cases in which -- never mind." (Exhibit 460 p.2) Younger testified that Judge O'Neill appeared flustered and upset and that he was embarrassed by her statements. (Transcript Vol. XII -- 248) Younger testified that he was unaware of any list of cases or problems with his work for Judge O'Neill. Dane Chavers (admitted 1981, Franklin County Public Defender's office) was in the courtroom at the time and described Judge O'Neill's demeanor as disrespectful and unprofessional.
216. Jessica Flaherty and Sandra Hicks were summoned to Judge O'Neill office that afternoon, Hicks was the 9th floor supervisor and Flaherty was Younger's direct supervisor. Both testified that Judge O'Neill closed the door to her office and said: "this will not be pleasant." Judge O'Neill expressed in an upset and loud tone that she was angry about Jason Younger "cowering down" to the public defender's office. She told them both unequivocally that she wanted Jason terminated from the probation department and that he was barred from her courtroom. There was no discussion or back and forth. (Transcript Vol. XIII -- 9-12, 17, 51-52, 61-62) Flaherty felt as if they were being disciplined as if they were children. (Transcript Vol. XIII - 27-28) When Judge O'Neill was done they just got up and left. (Transcript Vol. XIII -- 48-50). Flaherty prepared a report of the meeting as an incident expressing concern about the unprofessional way that Judge O'Neill conducted the meeting and their lack of participation or input to resolve any issue. (Relator's Exhibit R) Department policy about supervisory approval to withdraw a Statement of Violations was not discussed with Judge O'Neill. (Transcript Vol. XIII -- 19, 33)(Relator's Exhibit R)
217. Hicks and Flaherty discussed this matter with Younger but he was not suspended or terminated. He was orally reminded of department policy to get a supervisor's approval before withdrawing a statement of violations on a probationer. Hicks felt Younger had appropriately exercised his discretion and did nothing wrong. (Transcript Vol. XII -- 263, XIII -- 16, 50-51)
218. In the Answer, Judge O'Neill plead at 492 that Wesiman and Younger had a conversation before they went on the record but "...she was not aware of the substance of the conversation. Had Mr. Weisman or Mr. Younger asked to approach the bench to discuss the proposed resolution before the case was called, this matter would not have occurred." In she plead" After review of the one page transcript she recalls that Mr. Younger surprised and e
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.
|
|