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Disciplinary Counsel v. O'Neill9/7/2004
as talking to Sheila about her husband.
Q: And who was her husband?
A: I think her husband, Frank, he worked at another law firm. I don't remember the name of the firm, but Sheila and I had talked about it in the past. He was at a Workers' Compensation firm.
Q: What did the judge say about Sheila's husband, Frank?
A: It was right after the comment about the attendance not being high at the fund-raiser, not making enough money to cover the expenses, saying, "Hey, you got to get Frank to go to bat for us." (Transcript Vol. XVIII -- 191)
299. Vitale testified she was disturbed by these requests from Judge O'Neill and that several days later she consulted with Judge Michael Watson as the Administrative Judge. Judge Watson advised Vitale not to do anything she was not comfortable doing and that she may need to speak to someone about it. (Transcript Vol. XVI -- 65,66, XVIII -- 69, 110-111,155)
300. Eileen Paley (Judge O'Neill's campaign manager), Michael Ambrose (campaign treasurer) and Attorneys Stan Stein and Gary Jones attended the fundraiser and did not observe or participate in any conversation between Judge O'Neill and Vitale that evening and did not notice either Judge O'Neill or Vitale being upset or speaking in a loud voice. (Transcript Vol. XVIII -- 230-238, 277-295, Vol. XIX -- 20-21)
301. Judge O'Neill testified that she never directly solicited anyone for contributions to her campaign. She had no recollection of any conversation with Vitale about her husband's firm or a contribution from the firm of Cooper & Elliott. (Transcript Vol. XIX -- 72) A verdict by Cooper and Elliott in her courtroom was not discussed that evening. (Transcript Vol. XIX - 86-87) She recalled only asking Shelia where her husband was and if he was coming that evening.(Transcript Vol. XIX - 85-86) Judge O'Neill testified that she was not a sports person in terms of analogies and would never say "step up to the plate." (Transcript Vol. XIX -- 86) Judge O'Neill had a good relationship with Vitale, thought she was a good employee and could not explain the differences between their testimony. (Transcript Vol. XIX -- 80-89)
302. Vitale testified she appeared at this hearing pursuant to subpoena and she had hired counsel in regard to her testimony in this matter. One reason was a conversation she had in January or February of 2002 with Judge O'Neill about these grievances. Judge O'Neill discussed suing the courthouse for discrimination and sex discrimination and stated "that anyone that had been a part of this letter of inquiry or were going to testify against her, she was going to consider possibly suing." (Transcript Vol. XVIII - 95, 155-156)
303. Campaign Contributions: Vitale testified that on a number of her trips with Judge O'Neill to her campaign treasurer's office she observed Judge O'Neill taking campaign contribution checks to the bank for deposit. At the end of a campaign fundraising event, Vitale observed Judge O'Neill take possession of the lockbox which contained the checks collected at the fundraiser. (Transcript Vol. XVIII -- 53-55, 58-59, 146-147) Judge O'Neill, Ambrose and Eileen Paley, (Judge O'Neill's campaign manager) also testified these events occurred. (Transcript Vol. 257,302-303, Vol. XIX -- 34-35, 53-54) Ambrose and Donald McTigue (campaign counsel) testified that once checks were given to a campaign staffer they were "received" by the campaign and there was no prohibition on who could deposit or handle the checks as a purely ministerial function. (Transcript Vol. XVIII -- 14-15, 243-244)
304. VIOLATIONS CHARGED ON COUNT VI:
a) Canon 1 -- A judge shall uphold the in
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