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Disciplinary Counsel v. O'Neill9/7/2004
concluded that her testimony was not credible. And these misrepresentations were not innocuous. For example, she sought to have the court reporter disciplined for supposedly leaving early without permission.
{ } By misrepresenting events that occurred in court proceedings and in the court itself, respondent failed to treat other judges, litigants, attorneys, and court personnel with courtesy, respect, and honesty and thus undermined public confidence in the integrity of the judicial system. As the Supreme Court of Iowa recently observed, "a judge who misrepresents the truth tarnishes the dignity and honor of his or her office" because " ruth and honesty lie at the heart of the judicial system, and judges who conduct themselves in an untruthful manner contradict this most basic ideal." In re Inquiry Concerning McCormick (Iowa 2002), 639 N.W.2d 12, 16. And by engaging in conduct "that would appear to an objective observer to be unjudicial and prejudicial to the public esteem for the judicial office," respondent acted in a manner prejudicial to the administration of justice, as prohibited by DR 1-102(A)(5). Cleveland Bar Assn. v. Cleary (2001), 93 Ohio St.3d 191, 206, 754 N.E.2d 235.
{ } Upon review of the board's factual findings relative to Count IV, we agree that respondent engaged in a series of deliberate misrepresentations and thereby committed additional violations of Canons 1, 2, 3, 3(B)(2), 3(B)(4), and 4, and DR 1-102(A)(4) and (5).
Count V
{ } Count V involves a series of incidents in which respondent, between October 1997 and July 2000, acted in an unbecoming, unprofessional, and discourteous fashion towards her staff, other court personnel, visiting judges, law enforcement personnel, attorneys, probation officials, and members of the public. In July 2000, respondent attended a personnel committee meeting and admitted that she had problems dealing with her employees and pledged to do better. In early 2001, Judge Michael H. Watson, who was then serving as the administrative judge of the Franklin County Common Pleas Court, met privately with respondent in an attempt to address these concerns. Judge Watson had previously offered to assist respondent in any way he could, and at the 2001 meeting he offered constructive suggestions on how to deal with people whom she perceived to be challenging her authority. Judge Watson testified that respondent was initially receptive to his advice but that she quickly became defensive, stating that she was tired of people "f'ing with her." As the record demonstrates, respondent's behavior and demeanor did not improve after these meetings.
{ } The record shows a pattern of rude, undignified, and unprofessional conduct that included abusive verbal outbursts, unjustified expulsions from the courtroom, and berating or humiliating persons in the presence of others. Respondent also lodged numerous verbal and written complaints about court or court-affiliated personnel that were not factually accurate. These outbursts and complaints were often accompanied by threats of discipline or termination.
{ } Witness testimony painted a hostile work and courtroom environment in which court staff were constantly on edge and persons appearing before respondent were frightened and intimidated because of her volatile and unpredictable personality. Personnel issues and simple differences of opinion and interpretation could not be resolved because of respondent's inaccessibility and her steadfast refusal to engage in two-sided dialogue. Testimony persistently describes respondent as a person who would not listen to the concerns of others and dismissed any view other than her own.
{ } Much of the testimony as
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