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Disciplinary Counsel v. O'Neill9/7/2004
duty judge that week. Around 3:00 pm a woman from the prosecutor's office brought over a man with a civil protection stalking order. (Exhibit QQ) Karn received the pleadings and informed Judge O'Neill and asked what she would like to do. Judge O'Neill replied, "I don't have to do that now. I have ten days." (Transcript Vol. XIV -- 19-20). Karn stated that she thought that they had ten days to get it to a magistrate after the judge granted the CPO. Judge O'Neill became very angry, challenged Karn that she was telling her how to do her job and screaming that she knew how to do her job, had done several in the past and 'didn't need me telling her what to do'. With those statements, Judge O'Neill returned to her office and shut the door. (Transcript Vol. XIV -- 19-20)
233. Karn then took the petitioner with her to the prosecutor's office to check her understanding of the timing of the process. Karn was told and given memos that the judge must hear the petition ex-parte within 24 hours. Karn returned to Judge O'Neill, asking the petitioner to wait in the courtroom. Karn attempted to tell Judge O'Neill what she had learned about the CPO timing or give her the memo. She testified that Judge O'Neill reacted "very angry that I was trying to tell her how to do her job or trying to help her at all and really pretty much was throwing a huge fit." There was no discussion about what would happen to the petitioner; Judge O'Neill returned to her office and slammed the door. (Transcript Vol. XIV -- 24-25) Karn returned to the courtroom and told the petitioner to hold on that she was working on things. She returned to the bailiff's office to think about what else to do and next heard Judge O'Neill from the bench asking 'where is a court reporter?' As the court reporter arrived Judge O'Neill stated to Karn "and you can get out of here." (Transcript Vol. XIV -- 27-29)
234. Karn called Joan Richards her supervisor to come to the courtroom. When Richards arrived Judge O'Neill stopped the CPO hearing and demanded to speak with Richards without Karn's presence. Judge O'Neill took Richards into her office and slammed the door in Karn's face. Karn stood outside the office as she told Judge O'Neill she would and heard some of Judge O'Neill's statements: that Karn did not work all day, was rude and insubordinate and refused to do what she was asked. Karn challenged Judge O'Neill about these lies when she and Richards left the office. Richards asked that Karn get her things and accompany her to see the Administrative Judge. (Transcript Vol. XIV -- 32-33). Karn and Richards met with Judge Cain and Judge Cain told Karn that she would not have to work in that courtroom again. That evening Karn wrote a memo to Judge Cain, which recorded the events of the day. (Exhibit PP)
235. Joan Richards, Director of Court Services and Karn's supervisor testified to being called by Karn in October 1999 to come to Judge O'Neill's courtroom. She stated that Judge O'Neill came off the bench shouting and wanted to speak to her alone without Karn's presence. When Karn tried to join them Judge O'Neill slammed the door in her face. Judge O'Neill screamed and shouted that Karn doesn't tell the judge what to do and no one tells the judge what to do. Judge O'Neill wanted Karn out of there and complained that Karn was lazy and wasn't doing work.. When Richards tried to say something, Judge O'Neill shouted over her.
Richards told Karn to get her things because she didn't think it right that employees be abused like that.(Transcript Vol. XV -- 78-80) Richards testified that Karn was an excellent employee, "someone you wish all your employees would be like. She was always willing to help out." (Transcript Vol. XV -- 81-82)
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