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Disciplinary Counsel v. O'Neill9/7/2004
er seen staff, counsel and litigants treated by any judge like that. Judge O'Neill was not accessible, and she ran her criminal docket only concerned about having the lowest numbers. "It's like a different world." (Transcript Vol. XIV -- 223-226)
249. Sheryl Nyce: Nyce has 34 years experience as a court reporter and has been with the Franklin County Common Pleas Court since 1977. She became Judge O'Neill's reporter in the summer of 2000. Before beginning to work for Judge O'Neill, Nyce met with Judge O'Neill and Karen Casey, the Court Director.
Nyce stated three concerns: her longstanding commitment teaching court reporting school 3 evenings a week which required her to leave at 5:00 pm; her known medical issues that could require her to take sick leave; and her five weeks of vacation that Nyce did take every year. Judge O'Neill stated at the meeting that none of those situations would be a problem and Nyce began working in Judge O'Neill's courtroom (Transcript Vol. XIV -- 243-250).
250. Within weeks of starting with Judge O'Neill on a day she had a class to teach, Judge O'Neill assured Nyce at an afternoon break that trial would not last until 5:00 pm. Nyce did not arrange for float coverage. The afternoon break lasted an hour because of Judge O'Neill's extended conversation in Nyce's presence about a shopping trip. At 5:00 pm Judge O'Neill instructed the defense to call their next witness. Nyce approached the bench and stated directly to Judge O'Neill that Nyce had a teaching commitment. Judge O'Neill ignored Nyce and Nyce sat down and took the witness which lasted 10 minutes. Judge O'Neill again asked for the next witness and Nyce stood up and said, "I cannot stay. I have to go." Judge O'Neill only looked at Nyce, "It was kind of like a stand-off at that time." The defense then rested and Judge O'Neill asked them "Well, what about that last witness? I thought you had one more witness?" and the defense again rested. The next morning Nyce saw Karen Casey and wanted to tell her what happened the previous afternoon. Casey told her that Judge O'Neill had already called asking that Nyce be reprimanded because Nyce had walked out on her in trial the previous afternoon. (Transcript Vol. XIV -- 250 -257)
251. Judge O'Neill testified that she likes Nyce personally and she is a team player but there are problems with her timeliness. (Transcript Vol. XVI -- 251,258)
252. Nyce testified to an incident in 2003 with Myron Shwartz in which Judge O'Neill had to go home and asked if Shwartz could do his client's plea tomorrow. Shwartz agreed and with the other lawyer picked a time. After Shwartz left Judge O'Neill had Shwartz's client brought out and on the record told the client that Mr. Shwartz had left and it was his idea to do the plea tomorrow. Nyce now keeps notes on her docket sheets regarding off the record agreements and conversations "because there's always so much controversy in that courtroom ...to have a second pair of eyes and ears paying attention to what's been said between the court and the attorneys." (Transcript Vol. XV -- 15-19) Nyce testified that during pleas and sentencing Judge O'Neill doesn't look at a defendant or give them the respect and attention she had seen given by every other judge she worked with in the past. Nyce observed that Judge O'Neill yelled at her bailiff, Karen Moore all the time and is continually unpleasant. Nyce testified that her blood pressure medication has been doubled in the last six months and she attributed it to the stress of her position with Judge O'Neill. (Transcript Vol. XV -- 20- 23)
253. Jennifer Goodman: Goodman is the Finance and Purchasing Director of Franklin County Common Pleas Court since 199
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