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Disciplinary Counsel v. O'Neill9/7/2004
Q: Based on your numerous dealings with Judge O'Neill, had you developed some concerns regarding her credibility?
A: I had in the sense that I was reluctant to have conversations where it was just me being present or having employees have conversations on their own because oftentimes the information that came back was not exactly as I had remembered it.
Q: And you would instruct your employees to have people present when speaking with Judge O'Neill?
A: That's correct." ..."She doesn't exactly have the best track record with me in terms of her veracity because, again, I've experienced situations where one thing is said and then something else is conveyed later on." (Transcript Vol. XV -- 160)
263. Casey believed that problems with Judge O'Neill were very significant in 2000 to 2001, however, the behavior she spoke about occurred from the time that Judge O'Neill came on the bench. (Transcript Vol. XV - 192) "... if you look at sort of a time frame of June of 2000 through the end of that year, you see a number of incidents, some of which we've talked about, that occurred. It was rather unsettling because obviously we're all -- we're very busy in that court and it seemed as if, you know, it was just another added stress for everybody who had to deal with the outbursts and the issues that seemed to keep cropping up." (Transcript Vol. XV -- 171)
264. Casey testified regarding a phone call she received from Judge O'Neill on Sunday July 2, 2000 regarding float bailiff coverage. Several months before there had been verbal and memo exchanges with Judge Cain regarding Judge O'Neill's behavior towards the float bailiffs and the current issue was whether there would be coverage for Karen Moore on her July vacation.(Transcript Vol. XV -- 148) After talking about how unfair it was that Moore would not have coverage for her vacation, Judge O'Neill stated that "even though the courthouse rumor had it that she was prompting Karen to file some sort of legal action, that, in fact, she hadn't -- was not. But she went on to say that if, in fact, Karen did file an action and she was talking about filing it in Federal Court, that I would be a named party in that action." Casey took this as "a bit of a threat." (Transcript Vol. XV -- 148-149)
265. Casey described the phone call as lengthy, nearly an hour and rapid fire and non-stop on Judge O'Neill's part. Casey said no more than a few sentences. Judge O'Neill asked her to call a meeting of the personnel committee and Casey stated she had no authority to do so. Judge O'Neill claimed that the only reason that there was a problem with float bailiff coverage was that Judge Cain was still angry with her for his defeat in the 1992 election. At the end of the call, Judge O'Neill suddenly shifted her demeanor and was very apologetic and sorry that she called at home and ended the call. Casey had experienced this sudden shift before: "She can be very engaging and pleasant and then all of a sudden ..almost within the blink of an eye her personality changes and she can be very angry, very loud." (Transcript Vol. XV --150)
266. In July 2000 Casey approached Sherry Nyce about becoming Judge O'Neill's court reporter. She attended the meeting between Nyce and Judge O'Neill and corroborated Nyce's stated concerns about her teaching, medical problems and vacation and Judge O'Neill's statement that there was no problem with these issues.(Transcript Vol. XV -- 156) Shortly after Nyce started Casey received a call from Judge O'Neill displeased with Nyce's performance specifically because she had to leave at 5:00 pm and she wanted Nyce disciplined. (Transcript Vol. XV -157-158) Casey was not surprised by t
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