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Disciplinary Counsel v. O'Neill9/7/2004
to this count went unrebutted at the hearing. In other instances, respondent asserted that she had sufficient justification for her action. On still other occasions, respondent offered a version of the facts diametrically opposed to that of the witness. As in the previous counts, the witnesses to these events steadily contradict respondent's explanations and denials. We once again, therefore, accept the board's determination as to the veracity of these allegations and reject as unpersuasive respondent's version of the facts.
{ } An independent and honorable judiciary is indispensable to justice in our society. Canon 1 of the Code of Judicial Conduct. The primary purpose of judicial discipline is to protect the public, guarantee the evenhanded administration of justice, and maintain and enhance public confidence in the integrity of this institution. Kloepfer v. Comm. on Judicial Performance (1989), 49 Cal.3d 826, 864-865, 264 Cal.Rptr. 100, 782 P.2d 239. Judicial misconduct undermines these goals and, in so doing, demeans the judicial system itself. See In re Probert (1981), 411 Mich. 210, 225, 308 N.W.2d 773.
{ } Respondent's actions were not random, isolated incidents but instead reflect a pattern of discourteous, impatient, and undignified behavior that not only poisoned the immediate environment but extended far beyond as well. The hostile work environment created by respondent unquestionably compromised the ability of court personnel to perform their important functions to the best of their ability, which directly affects the efficiency and effectiveness of the judicial process. Other jurisdictions have held that rude and abusive treatment of court staff constitutes a violation of judicial canons. Kloepfer; In re Inquiry Concerning Holien (Iowa 2000), 612 N.W.2d 789.
{ } Respondent's conduct in the courtroom certainly had the same deleterious effect on the attorneys, law enforcement officers, and other individuals indispensable to the administration of justice. See Holien. Additionally, in at least one instance, respondent's intemperance threatened the physical well-being of others. Respondent's decision on November 30, 1999, to leave the bench and confront a deputy sheriff while the deputy was escorting an agitated criminal defendant to lock-up directly compromised the safety of every person in the courtroom.
{ } Respondent's rebuttal testimony convinces us that she has no appreciation of the gravity of her actions or their effect on the integrity and operation of both her courtroom and the Franklin County Court of Common Pleas as a whole. Equally important, respondent was completely indifferent to the effect of her actions on the public's perception of the integrity, impartiality, and fairness of the justice system. As aptly stated by the Maine Supreme Judicial Court in In re Kellam (Me.1986), 503 A.2d 1308, 1312:
{ } "Although discourtesy does not constitute an error or violation of law in the decision-making process, such conduct on the part of a judge is particularly egregious because it undermines respect for the law in a most insidious manner. Our appellate process effectively corrects judicial error and the mere occurrence of such error does not usually inflict lasting damage upon our system of laws. On the other hand, a litigant who is subjected to rude and insensitive treatment is left without recourse. Whether the litigant wins or loses, the end result is an irreparable loss of respect for the system that tolerates such behavior."
{ } This was certainly true for a victim of a brutal attempted murder who was ejected from the courtroom by respondent for whispering to a companion. As a result, the distraught victim was absent from
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