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Disciplinary Counsel v. O'Neill

9/7/2004

2-83, 96-97,104-105)


257. Gretchen Roberts: Roberts has served as Jury Manager, Franklin County Common Pleas Court for eight years. On the morning of July 11, 2001 Judge O'Neill's bailiff called about 10:00 am for a jury. It had been a busy morning, the jury pool was in great demand and all panels had been taken. Judge O'Neill then called Gretchen very upset and demanding to know why didn't she get a jury panel and where had they all gone? Roberts tried to explain the first-come, first served policy but Judge O'Neill wanted to know why visiting judges were included. Roberts tried to explain but was not sure Judge O'Neill was listening to her. Judge O'Neill told Roberts she was not to go anywhere or take a lunch until Judge O'Neill had a jury. Roberts reported to Joan Richards and then to Karen Casey and found Casey on the phone with Judge O'Neill. Roberts reported what happened and Casey advised her to do the best she can.


258. Roberts returned to her office and was called again by Judge O'Neill who was a little calmer asking if anything has changed. By 12:33 pm there was a panel sent up to Judge O'Neill's courtroom.


259. Karen Casey: Casey is presently Court Director of the Franklin County Domestic and Juvenile Court. Through September 2003, she served eight years as Court Director of the Franklin County Common Pleas Court and preceding that for four years as its Assistant Court Director. Before coming to the Court she had fifteen years experience in community mental health. Casey holds a nursing degree, law degree and a masters in public administration. Casey was responsible for all non-judicial functions of the Common Pleas Court and supervised approximately 240 employees with another 100 employees under the direct supervision of the judges. She had served with Administrative Judges Johnson, McGrath, Cain, Sheward and Watson.


260. Casey described her working relationship with Judge O'Neill as variable "just the erratic nature of not knowing what to expect in terms of Judge O'Neill's behavior and her expectations of administration." Casey had experienced difficulties working with Judge O'Neill and testified that her behavior relating to employees created problems for the Court. She testified that the Administrative Judges were "very frustrated in knowing how to respond to numerous complaints that were coming in from court employees and knowing how to adequately respond to them." (Transcript Vol. XV -- 144-145)


261. As a result of her involvement with the situations involving float bailiffs Karn and Boughner and court reporter Sandy Grego and court secretary Elsa Cunbow she was concerned regarding Judge O'Neill's behavior because, "I felt that at some point it had almost reached sort of a hostile environment situation. And I was concerned about what that meant for the court in terms of the court's own liability because so many of -- I had had frequent complaints from employees about their interactions with Judge O'Neill." "... it was a very difficult situation for the administrative judge and maybe the -- the court as a whole in trying to work through some of these issues to make sure that coverage is available. The court is very busy and, frankly, this was just one of those problems that kept cropping up that was creating a difficult situation in trying to manage coverage." Casey had never seen the kind of friction which occurred between Judge O'Neill and her staff with any other judge. (Transcript Vol. XV -- 145,151, 210-211)


262. Casey testified that it was difficult to communicate her concerns to Judge O'Neill because "too many times it wasn't a dialog." (Transcript Vol. XV -- 146) Asked about Judge O'Neill's credibility she testified: "

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