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Disciplinary Counsel v. O'Neill9/7/2004
mbarrassed the Court with his request to withdraw the Statement of Violations, without prior consultation and direction from the Court."
219. At of the Answer Judge O'Neill plead "She additionally denies that she told them (Hicks and Flaherty) that he needed to be terminated or suspended because he withdrew a statement of violations on Hudson and "cowers down" to public defenders. She averred it is possible that she requested that he no longer be assigned to her caseload because of several instances that reflected poorly on his performance and work ethic."
220. At this hearing Judge O'Neill testified regarding the sidebar conference: "
Q: But you did have a side bar conference and there was a discussion off the record about the withdrawal of the violation?
A: Right. I recall them telling to me, Mr. Weisman starting it off with, I believe Mr. Younger wants to inform the court that he's going to withdrawn the request to revoke or statement of violations, something, and then there was a side bar discussion. We had a discussion as to whether they were able to proceed, was he able to proceed with his evidence, did he have his witnesses available, that kind of thing and then we went on the record and -- and resolved the case." (Transcript Vol. XVI -- 226) "Did you say to that them at that time "if you have nothing more than what was presented at the first hearing, then you should just withdraw the statement of violations"? A. Yeah. Certainly. He said to me, "I don't have my witnesses, Judge". And I said, "Well, then, what are we going to do? You're going withdraw the statement of violations". (Transcript Vol. XVI -- 234) "
Q: And you also denied in that Answer that you told them that he (Younger) needed to be terminated or suspended?
A: I indicated to them that I felt that he needed to be disciplined for it because he clearly violated the rules. The rules are that he should not have withdrawn a statement of violations without express approval of his supervisor and, at the very least, should have at least brought it to my attention." (Transcript Vol. XVI -- 228)
221.RUDENESS TO STAFF:
222. Elizabeth Peterman: After 20 years as a private legal secretary, Libby Peterman became the secretary for Judges Johnson and O'Neill in January 1994 and Peterman became Judge O'Neill's bailiff in July 1995.
223. Describing the general atmosphere of the courtroom Peterman testified: "I mean, she could come in and say good morning and five minutes later she would come out and she would just be all over you. You never knew what to expect. And so, consequently, not only myself, but the other staff members were on edge all of the time, all the time she was there because you didn't know what was going to come next." (Transcript Vol. XIII --252)
224. In December 1996 Peterman had an uncontrollable nosebleed at work and was taken to the emergency room by Judge O'Neill's secretary Karen Tomacelli. She was released after medication to control high blood pressure. She called and told Judge O'Neill what had happened and spent the rest of the week at home.
225. In 1997 Peterman decided to resign. She testified it was a hard decision because she loved the job but hated the atmosphere. She submitted a letter of resignation dated March 25, 1997. (Exhibit 505) Peterman had interviewed but had no offers when she turned in her resignation. Her last day was April 4, 1997. On that day in the late morning, the new bailiff, Karen Moore arrived. Peterman showed her where everything was kept and the pad on which all courtroom procedures were written for use by float bailiffs. Peterman then took lunch expecting Moo
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