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Disciplinary Counsel v. O'Neill9/7/2004
court, at least the personnel committee, was concerned about civil lawsuits being filed against us. As a court for, you know -- you know, constructive discharge of some type of employment cases is what we were worried about. And then we were worried that some of these individuals, if we didn't address the situation somehow, would -- would retain counsel and we would be the subject of lawsuits." (Transcript Vol. XV -- 232-233) Judge Connor seconded and voted for the first Motion made in regards to moving the office of Elsa Cunbow. (Transcript Vol. XV -- 231)
277. Judge Connor recalled that Judge Watson wanted to go over and talk to the Chief Justice about the situation with Judge O'Neill and see if he had suggestions. Judge Connor made the second motion , it was seconded by Judge Pfeifer and unanimously passed to have Judge Watson contact the Chief Justice. Judge Connor did not recall that the Motion included anything suggesting that Judge O'Neill was not judicially competent, including a visiting judge or asking for the assistance of a mental health professional. He testified: "it was getting serious enough that we felt that there should be some maybe -- maybe that some outside, you know, help. And -- and, yet, we didn't feel that if we suggested it, you know, that it would -- that it would necessarily be taken in a positive way. So I think that's why we said to Judge Watson, well, see what the Chief Justice thinks." (Transcript Vol. XV -- 263-264) "
Q: ...Motion 2 was directed more toward counseling in the sense of having Judge O'Neill be counseled as to how to deal with staff and with people, it was more directed toward her people skills as opposed to some sort of mental issue?
A: Yeah. I don't --
Q: Is that a fair way to say that?
A: Yeah. I think that's a fair way to say it." (Transcript Vol. XV - 263) "
Q: So the idea of approaching the Chief Justice, you agreed with. The exact language of what you were asking him to help you with is a little bit different in your recollection than what the notes are?
A: I think that's fair.
Q: But it was clear to everybody, it sounds like, that something had to be done?
A: Yeah, I think that's fair." (Transcript Vol. XV -- 264)
278. Judge Connor testified that while Judge O'Neill had a good reputation with civil attorneys,"her reputation as -- and the way she handles her criminal docket is -- I would say, is not favorable, ...I don't hear that many bad reports as to how she tries her criminal cases either, it's just how the docket is handled.
Q: That she runs a tight ship?
A: That she -- Well, that and she forces pleas they say that shouldn't be forced. I mean, you know, that comes up a lot." (Transcript Vol. XV -- 246-247) Judge Connor was asked if he had counseled or helped Judge O'Neill and responded: "...if Judge O'Neill and I were talking and, let's say, as an incident would come up, Judge O'Neill would always have an explanation of what happened. And the facts that were presented by the employee or whatever would not be the same. In other words, Judge O'Neill would say, no, that's not exactly what happened, here is what happened and here is why I did this or took this action. So -- so she would -- she would always have a -- an explanation or a reason or why the assumed facts were wrong. And -- and to tell you the truth, a lot of times I didn't -- you know, I wasn't sure which facts were right." (Transcript Vol. XV -- 264-265)
279. Judge Michael H. Watson (Transcript Vol. XVI -- 11-156) (admitted 1988, private practice, Department of Commerce Counsel, Counsel to Governor, Appointed and elected
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