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Disciplinary Counsel v. O'Neill9/7/2004
both the defendant's plea and sentence. And surely it was also true for anyone who observed respondent's courtroom outbursts. Judicial intemperance "invariably conveys the message of a closed mind," and witnesses to such displays rarely accept that the decision of a hostile and combative judge is fair. In re O'Dea (1993), 159 Vt. 590, 605, 622 A.2d 507.
{ } We recognize that judges differ in both style and personality and that these qualities, in and of themselves, are not matters for discipline. But whatever a judge's style, " atience, dignity and common courtesy are essential parts of judging, whatever the personality of the judge," and "a pattern of judicial discourtesy represents a profound threat to the institution of the law and requires a strong response." Id. at 604 and 605, 622 A.2d 507.
{ } Upon review of the board's findings as to Count V, we agree that respondent repeatedly acted in an unbecoming, unprofessional, and discourteous manner towards many with whom she interacted as both judge and judge/employer. We find that this conduct violates Canons 1, 2, 3, 3(B)(4), 3(C)(1) (a judge shall diligently discharge the judge's administrative responsibilities without bias or prejudice and maintain professional competence in judicial administration, and should cooperate with other judges and court officials in the administration of court business) and 4 of the Code of Judicial Conduct, as well as DR 1-102(A)(5) of the Code of Professional Responsibility.
Count VI
{ } Finally, upon review of the factual findings of the board relative to Count VI, we agree that the respondent engaged in misconduct that violated the following provisions of the Code of Judicial Conduct: Canon 4, 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), and Canon 7(C)(2)(a) (a judicial candidate personally shall not solicit or receive campaign funds).
{ } The misconduct established by the evidence in support of Count VI was that respondent personally solicited campaign contributions through a staff attorney, from both the staff attorney's future employer and her husband's law firm, while the staff attorney remained a public employee under respondent's control. Respondent engaged in the campaign solicitation as a meagerly attended campaign fundraiser in her honor drew to a close. Respondent approached the staff attorney and demanded that both her future law firm and her husband's law firm "needed to step up to the plate and contribute to her campaign" in the maximum allowed PAC amount. Testimony also supported that the respondent's solicitation of campaign funds from the husband's firm implicated one of the firm's cases that had recently been before respondent, in that respondent stated that the firm "owed her" for the favorable verdict. Respondent's campaign solicitation occurred in the presence of an additional two attorneys, who the board determined were credible witnesses and whose testimony solidly supported the board's findings of misconduct as to Count VI.
{ } Respondent insisted that she never inappropriately solicited campaign contributions from anyone and that she had only inquired as to whether the staff attorney's husband was coming to the fundraiser that evening. Respondent also insisted that she did not disclose the favorable verdict that evening. The board did not find respondent's testimony credible, and, deferring to the board's determinations on these facts, we agree.
{ } Canon 4(A) prohibits judges from using the prestige of judicial office to advance their private interests. One example of this is represented by the
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