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Disciplinary Counsel v. O'Neill9/7/2004
has not been applied in any judicial misconduct case in this state. The parties have cited numerous out-of state cases that at best provide guidance on one aspect or another of the different violations found in this case.
336. The preamble to the Code of Judicial Conduct provides that the degree of discipline imposed should depend on the seriousness of the transgressions, whether there is a pattern of improper activity and the effect of the improper activity on others or on the judicial system and for the protection of the public. The panel majority as detailed above does find multiple serious transgressions, a pattern of improper activity that has had a significant deleterious effect on the public's perception of the integrity of the judicial system. (See also, other factors affecting judicial discipline described in: In Re Deming [108 Wash.2d 82] 736 P.2d 639 (Washington 1987) and In re Brown [464 Mich.135], 626 N.W. 2d 403 (Michigan 2001)
337. In reaching a recommendation the panel majority considered the sanctions ordered in Ohio cases involving similar violations. For what the panel majority considers the most serious violations, those involving DR 1-102(A)(4), under Ohio case law such violations, absent exceptional circumstances, mandate actual suspension. Disciplinary Counsel v. Fowerbaugh, 74 Ohio St. 3d 187 [658 N.E.2d 237] (1995). The only recent case involving a judge who violated DR 1-102(A)(4) was Cleveland Bar Assn v. Katalinas, 90 Ohio St.3d 140, 2000-Ohio-37, [735 N.E.2d 432], a default case with no mitigation involving theft of client funds which resulted in disbarment. For attorneys who violate DR 1-102(A)(4) sanctions range from 6 months for a single act to disbarment for multiple acts. In Disciplinary Counsel v. Ferreri, 88 Ohio St.3d 456, 2000-Ohio-382 [710 N.E.2d 1107], a single incident involving an ex-parte conversation by a judge resulted in a six-month suspension. In an earlier case, Disciplinary Counsel v. Ferreri, 85 Ohio St.3d 649, 1999-Ohio-330, Judge Ferreri received an eighteen month suspension with twelve months stayed for three incidents of false and intemperate comments made to news media criticizing other judges. In Cleveland Bar Association v. Cleary, 93 Ohio St. 3d 191, 2001-Ohio-1326 [754 N.E.2d 235], a single incident regarding an improper quid pro quo in criminal sentencing which was found to be prejudicial to public esteem for judicial office also resulted in a six month suspension. In Disciplinary Counsel v. Campbell, 68 Ohio St. 3d 7, 1993-Ohio-8 [623 N.E.2d 24], multiple incidents of intemperate behavior involving sexual harassment resulted in a one-year suspension after the judge resigned his post. In Disciplinary Counsel v. Karto, 94 Ohio St. 3d 109, 2002-Ohio-61 [760 N.E.2d 412], several incidents involving a judge's abuse of contempt power with litigants resulted in a six month suspension. Finally this Board in Disciplinary Counsel v. Medley (Case No. 02-79) recently recommended to the Supreme Court a sanction of 18 months, 6 months stayed in a multiple count complaint regarding injudicious behavior in which the panel majority found the judge had testified dishonestly to the panel.
338. This case is unique and unprecedented. It combines multiple incidents of different types of improper activity when 6 to 12 month suspensions have been ordered for far fewer acts of one type of improper activity. The panel majority balances against these violations Respondent's length of service as a judge and the volume of matters she handled. The mitigation testimony included those who found Respondent to be a fair and efficient judge and did not experience problems with her behavior. Although the sheer number and variety of incidents, in a disciplinary
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