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Disciplinary Counsel v. O'Neill9/7/2004
control of the courtroom, or managing a situation, but I -- No. I've never yelled. I certainly have raised my voice. I certainly have been stern. I certainly have been less than empathetic or proactive in dealing with staff and situations like that; but never yelling and screaming. I don't know what the rest of the adjectives are that were used.
Q: Throwing things, slamming things.
A: Nothing thrown. Nothing slammed. Those -- those -- Those are not me. ...
Q: Do you think that there may have been times in some -- given the testimony that we've heard today, in your courtroom where you have not been patient, dignified, and courteous to people who appear in front of you?
A: No." (Transcript Vol. XVII -- 169-170) The panel majority concludes that Respondent has not and will not admit or take responsibility for her abusive and intemperate actions and does not acknowledge the wrongful nature of the conduct described in the Amended Complaint.
333. The panel majority finds that the victims of Respondent's misconduct were vulnerable and did suffer resulting harm. Certainly the criminal litigants who were the subjects of bond threats were harmed by loss of rights to freely and voluntarily make decisions and those who were jailed lost their freedom without cause. Birchler was deprived of the benefit of his appeal and of his right to probation. The litigants, lawyers and staff who were the subject of Respondent's explosions and tirades were embarrassed, frightened and demeaned. Respondent publicly criticized visiting judge Martin in a crowded courtroom. For court staff such explosions also jeopardized their employment and/or made their jobs more difficult. Staff who worked regularly with Respondent for example, Grego and Nyce, suffered medical consequences from the constant stress and unpredictability of working with Respondent.
334. The panel majority concludes that considering all the factual incidents found proven in this Amended Complaint a pattern of misconduct has been established and that pattern is motivated by a selfish motive. Absent from Respondent's pattern of conduct in these matters is any recognition of the importance of the public perception of the integrity of the judiciary. Respondent displayed no appreciation for the effect her conduct had on those she dealt with in her official capacity or the appearance created by her public behavior in her courtroom. Her actions whether abusive of litigant's legal rights (to trials, voluntary pleas, bonds and records) or abusive of the right to be treated with impartiality and dignity by a judge (not demeaning and abusive behavior) were clearly injudicial and prejudicial to public esteem for judicial office. As long as Respondent's caseload statistics remained the lowest in the Court it didn't matter what Respondent did or how she behaved to accomplish that goal. Ironically it was Respondent's witness former Judge Tracey who best described the need for a judge to recognize problems they may cause in the courtroom: "You know, we're elected officials or I was an elected official and you want to be liked. I mean, judges want to be liked. And so I think I would -- I would believe that judges would --would become involved even if it wasn't that big of a deal because little things are big deals to people...There's no really small problems, you know, when you're in the courtroom." (Transcript Vol. XII -- 77-78)
335. Recommended Sanction: At the outset, the panel majority must acknowledge that there is no Ohio case similar in size and scope to the charges against Respondent. Disciplinary Counsel has recommended disbarment, however, barring proof of theft or a felony conviction, that sanction
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