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Disciplinary Counsel v. O'Neill9/7/2004
Judge O'Neill argued with her about it in front of the jury: "I was embarrassed. I felt like I was five years old asking for permission to have a hall pass." (Transcript Vol. XIV -- 187-188)
244. After unsuccessfully trying to resolve break and lunch issues with Judge O'Neill, Grego consulted with Joan Richards about her problems, especially having to work extended periods without a break. Richards told her that there was nothing further she could do and Grego went to Judge Cain as the Administrative Judge. In December, 1999, Grego submitted a letter to Judge Cain from her doctors which requested that she be given regular breaks and lunch times (Relator's Exhibit HH). Judge Cain sent a memo to Judge O'Neill regarding this letter and requesting that Grego be given the breaks recommended by her doctor. Judge O'Neill responded to Judge Cain in a memo which stated "Sandy has never been denied a lunch break or regular breaks during trials, pleas and hearings." The memo went on to assert that Grego was insubordinate, had a poor attitude, regularly took 2 hour lunches, enjoyed a minimal schedule of work and that she made the most money of any reporter because of her longevity and the high volume of transcript orders. (Relator's Exhibit O) Grego testified that all of these statements were inaccurate and that it was Judge O'Neill's habit of making inaccurate statements that caused Grego to begin keeping a diary in the first place. After these memos there was no change in Judge O'Neill's practices in regard to breaks or lunch. Grego testified to multiple incidents involving lack of breaks or lunch recorded in her diary (Transcript Vol. XIV -- 193-212)
245. Judge O'Neill testified that Grego's attitude and behavior began to deteriorate in August or September 1998 when Grego had a falling out with the bailiff Moore over opinions on raising children. After that things were very tense and Grego would not participate in lunches, birthdays and other celebrations. Judge O'Neill did not investigate Grego's medical concerns after the first doctor's letter but after that whenever Grego wanted a break, she got a break. (Transcript Vol. XVI -- 244-252)
246. In June, 2000, Grego submitted a second letter from her doctor stating there had been no improvement in her condition and again requesting 15 minute breaks and lunch and suggesting she should seek another position in the Court if these requests cannot be met. (Relator's Exhibit II) Judge Cain sent another memo to Judge O'Neill, describing the doctor's letter and informing Judge O'Neill that effective July 10, 2000 her courtroom would be covered by float court reporters and Grego was thus relieved of her assignment with Judge O'Neill. Grego received a voicemail message from Judge O'Neill that she recorded and was played at the hearing and transcribed in the record. Judge O'Neill's tone was curt and nasty and she stated in part: "you have again gone behind my back"; "how am I supposed to be a mind-reader that you need a break every five minutes?"; "I expect you to have your office cleared out by Friday, otherwise I'll have maintenance clear it out." (Transcript Vol. XIV -- 215-216)
247. After consulting with Karen Casey, the Court Director, Grego learned that her furniture could not be moved until a week later. On that Friday, Grego removed her personal items and what she could carry then turned her key into Karen Casey, Court Administrator per court policy the next day she was at work, Tuesday July 10. Grego never returned to the office in Courtroom 9A.
248. Grego testified that in 27 years as court reporter she had worked for virtually every judge in Franklin County. She had never been treated like that by any judge, had nev
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