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Disciplinary Counsel v. O'Neill9/7/2004
tegrity and independence of the judiciary;
b) Canon 2 -- A judge shall respect and comply with the law and shall act at all times in a manner which promotes public confidence in the judiciary;
c) Canon 3 -- A judge shall perform the duties of judicial office impartially and diligently;
d) Canon 3(A) --The judicial duties of a judge take precedence over all the judge's other activities;
e) Canon 4 -- A judge shall avoid impropriety and the appearance of impropriety in all of the judge's activities;
f) Canon 7(B)(1) -- A judge or judicial candidate shall maintain the dignity appropriate to judicial office;
g) Canon 7(C)(1) -- A judicial candidate shall prohibit public employees subject to his or her direction or control from soliciting or receiving campaign fund contributions;
h) Canon 7(C)(2)(a) -- A judicial candidate personally shall not solicit or receive campaign funds.
305. After considering the testimony, exhibits and evidence submitted, the panel majority finds by clear and convincing evidence that Respondent did violate Canon 4, 7(C)(1) and Canon 7 (C)(2)(a) during her conversations with Shelia Vitale. The panel majority finds by clear and convincing evidence that Respondent personally solicited and directed Vitale to obtain campaign contributions from her husband's firm and her future employer while Vitale was a public employee under Judge O'Neill's control. The panel majority did not find Respondent's testimony credible as opposed to the testimony of the three other participants in the conversation who had no reason or motive to be untruthful.
306. The panel finds that Respondent's handling of campaign funds after contributions had been received by her campaign committee did not violate any provision of the Code of Judicial Conduct.
307. The panel finds that Relator did not prove by clear and convincing evidence that the activities performed by Vitale, Kunsman or Woodford rose to the level of a violation of any Canon. First, the panel did not have clear and convincing evidence that some of the activities in question, particularly by Woodford, were campaign activities at all. With respect to those activities clearly connected to the campaign such as processing campaign literature, while the use of Respondent's chambers by volunteers for those campaign activities should not have occurred, the panel did not find evidence sufficient to prove that such use was habitual or more than minimal. As to campaign work performed by Vitale outside the courthouse, the panel did not find clear and convincing evidence that such activities were in fact use of public resources due to her status as a salaried professional with flexible work hours.
308. The panel did not find clear and convincing evidence to support violations of Canon 1, Canon 2, Canon 3, 3(A) or Canon 7(B)(1).
309. General Defenses: Respondent asserts a number of defenses, which challenge the amended complaint as a whole.
310. First, Respondent argues that Counts I -- V and all allegations of the Amended Complaint should be dismissed on grounds of unreasonable delay which violated the provisions of Gov. Bar Rule V ยง4(D) since the Relator did not seek to extend the usual time for the investigation of grievances from the Secretary of the Board. Extensions of up one year from the date of the filing of the grievance are permitted for "unusually complex investigations, including the investigation of multiple grievances." The Rule further provides that time limits are not jurisdictional. Respondent further argues that the doctrine of laches bars some of the incidents as they occurred in 19
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