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Disciplinary Counsel v. O'Neill9/7/2004
ign Activities performed during business hours - Judge O'Neill was a candidate for a seat on the Tenth District Court of Appeals in the November, 2002 election. Shelia Vitale, Judge O'Neill's staff attorney testified that she performed work for the campaign during regular court hours at Judge O'Neill's direction prior to Vitale's resignation on May 10, 2002. Vitale picked up campaign tee-shirts twice and made 2 or 3 trips to a downtown Columbus printing company to obtain car signs. Vitale and a law student, Matt Kunsman, folded and stuffed campaign flyers twice in Judge O'Neill's chambers. Vitale accompanied Judge O'Neill at her request on lunch-time trips to the office of her campaign treasurer, Michael Ambrose and to the Board of Elections. (Transcript Vol. XVIII -- 17-52)
294. Ciera Woodford was a high school student volunteering in Judge O'Neill's chambers whom Vitale observed doing copying and phone number lookups that Vitale believed was related to the campaign. Matt Kunsman was an extern working one day a week for Capital Law School credit. He assisted on the campaign and spent one day of work stamping and labeling campaign flyers in Judge O'Neill's chambers. (Transcript Vol. XVIII - 185-188)
295. Judge O'Neill testified that Vitale was a professional salaried employee and that she provided at least 40 hours of work each week to the Court during the time she assisted in the campaign because Vitale worked late on occasion. Judge O'Neill did not keep records of days when Vitale worked late. (Transcript Vol. XIX -- 50-51)
296. Campaign Solicitation: On April 18, 2002 Judge O'Neill's campaign held a fundraiser at the River Club. Vitale attended the event. She was still working for Judge O'Neill but was scheduled to start a new position with the law firm of Cooper & Elliott on May 10, 2002. There was a sparse turnout. At the end of the event Judge O'Neill spoke to Vitale, who was standing in a small group with Michael Courtney (Judge O'Neill's new staff attorney) and Matt Kunsman. Vitale testified: "It was at the end of the fund-raiser, it was actually when the fund-raiser had ended, Judge O'Neill had come over to me, and I was standing with Mike Courtney and Matt Kunsman. And she was very upset. She was red faced and she began yelling at me as to where my husband was, his law -- him and his law firm needed to step up to the plate and contribute to her campaign. And then she proceeded to yell at me to order both my husband's firm and the firm I was going to to give the full PAC contribution to her and she proceeded to say that the firm I was going to (Cooper & Elliott) had owed her.".... "There was no doubt in my mind that I was being ordered to get that contribution for her." (Transcript Vol. XVIII -- 63-65)
297. Michael Courtney testified: "A. Well, I remember a conversation about a recent case Cooper & Elliott had with Judge O'Neill in her courtroom. I did hear her say a phrase, "stepping up to the plate," that Cooper & Elliott needs to step up to the plate. And I assumed that that meant in regards to supporting the campaign, financially or in other ways.
Q: And were you aware at that time when you were hearing the judge make those comments that Sheila Vitale was going to be working for Cooper & Elliott?
A: I think I first learned that she was going to be working with Cooper & Elliott during the interview process
Q: And who was the judge addressing when she was making these comments at the fund-raiser about Cooper & Elliott?
A: She was addressing Sheila." (Transcript Vol. XVIII -- 170-171)
298. Matt Kunsman testified: "The one that I remember the most was when she w
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