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Disciplinary Counsel v. O'Neill

9/7/2004

re would be present in the afternoon but she never returned. She received one phone call at home from Karen Moore with a question Peterman answered. (Transcript Vol. XIII -- 268-270)


226. Peterman had interviewed with Judge Nodine Miller after she had submitted her resignation to Judge O'Neill. She was offered the position with Judge Miller while at home after her last day with Judge O'Neill. (Transcript Vol. XIII -- 270-271) Peterman began work as Judge Miller's bailiff on April 14, 1997 and remains in that position at present.


227. Peterman received from Joan Richards a copy of a letter dated April 14, 1997 that Judge O'Neill requested be put in Peterman's personnel file. Peterman testified the letter is incorrect when it stated that Peterman refused to train the new bailiff or provide transition materials. Peterman also testified that the accusation made that Peterman tried to take court property or court manuals is false. (Transcript Vol. XIII -- 265-270)


228. Dorothy Gass: Gass worked as Judge O'Neill's staff attorney from May 1996 until September 1997. Near Gass' one-year anniversary in the position Judge O'Neill told Gass that while the staff attorney position usually lasted one year, Judge O'Neill was happy with Gass and she could continue for another year.


229. In August of 1997 Gass was approached by an attorney who told her she had interviewed with Judge O'Neill for Gass' position. (Transcript Vol. XIII -- 300-302) Gass then asked Judge O'Neill what was happening. Judge O'Neill told her that she was just checking out the applicant pool in anticipation of being in a reelection campaign when Gass would be leaving. A month later, September 16, 1997, Gass got a letter from Judge O'Neill stating that Gass' replacement had been hired effective October 14, 1997 and stating that Judge O'Neill had told her in May 1997 she should start looking for another position. (Exhibit 508) Gass was very upset and after consulting with Joan Richards, who was deputy court administrator, she wrote a response to Judge O'Neill detailing the inaccuracies in Judge O'Neill's letter. (Exhibit 509)


230. Gass found a new job , requiring that she start right away. She told Judge O'Neill but offered to stay as long as Judge O'Neill needed her. Judge O'Neill said that it was fine if Gass left the following Monday. Judge O'Neill later told Gass that the new attorney could start earlier and Gass could leave that Thursday, September 26, 1997. Gass drafted a letter of resignation for the day she left. (Exhibit 512) After Gass left she learned from Joan Richards that Judge O'Neill had put a memo in her personnel file on the day they agreed about her departure which stated that "she quit without sufficient notice" which was "wholly insufficient and unprofessional." The memo concluded that Gass had been warned, "to take only her personal property and nothing else." (Exhibit 511) Gass found the memo contradicted the arrangements which Judge O'Neill herself had proposed. Gass was not surprised by the memo finding it in keeping with her assessment of Judge O'Neill's character and testified that "she believes that every -- believes the worst in everybody, but I think it's just a reflection of herself." (Transcript Vol. XIII -- 310-313)


231. Wanda Karn: In October 1999 Karn was a "float bailiff" with the Franklin County Common Pleas Court. She had worked at the Court since 1991 beginning in the assignment office and had been a float bailiff since 1995. Float bailiffs provide temporary coverage in all the courtrooms.


232. Beginning Monday, October 18, 1999 Karn started working a week for Judge O'Neill while her regular bailiff was on vacation. Judge O'Neill was the

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