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Disciplinary Counsel v. O'Neill9/7/2004
admonition in Canon 7(C)(1) against judges' soliciting campaign contributions through public employees. Canon 7 guards against actual or apparent bias by restricting the political and fund-raising activity of judges, shielding judicial candidates and the public alike from dangers inherent in the direct solicitation of campaign funds. See In re Disqualification of Ney (1995), 74 Ohio St.3d 1271, 1272, 657 N.E.2d 1367. The breach of these restrictions warrants discipline.
Sanction
{ } In determining the appropriate sanction to impose on respondent for her violations of the Code of Judicial Conduct and Disciplinary Rules in Counts I, IV, V, and VI, " 'we consider the duties violated, respondent's mental state, the injury caused, the existence of aggravating or mitigating circumstances, and applicable precedent.' " Disciplinary Counsel v. Kaup, 102 Ohio St.3d 29, 2004-Ohio-1525, 806 N.E.2d 513, 11, quoting Disciplinary Counsel v. Evans (2000), 89 Ohio St.3d 497, 501, 733 N.E.2d 609.
{ } Respondent violated duties owed under the Code of Judicial Conduct and Disciplinary Rules, including duties to the public, DR 1-102(A)(4) and (5), and the judiciary, see, e.g., Canon 1 of the Code of Judicial Conduct. See Portage Cty. Bar Assn. v. Mitchell, 101 Ohio St.3d 1, 2003-Ohio-6449, 800 N.E.2d 1106, 12; Disciplinary Counsel v. Shramek, 98 Ohio St.3d 441, 2003-Ohio-1636, 786 N.E.2d 869, 9.
{ } Respondent's misconduct also resulted in harm -- most notably to criminal defendants who were subjected to respondent's threats and revocation of bond if they chose to go to trial -- as detailed in Count I. In addition, respondent's misconduct demeaned judges, lawyers, litigants, and court employees and caused a loss of respect for the judicial system.
{ } Regarding aggravating circumstances, respondent's misconduct evidenced a selfish motive, a pattern of misconduct, multiple offenses, the submission of false statements in the disciplinary process, a refusal to acknowledge the wrongful nature of her conduct, and harm to vulnerable persons, e.g., criminal defendants and court personnel. See Section 10(B)(1)(b), (c), (d), (f), (g), and (h) of the Rules and Regulations Governing Procedure on Complaints and Hearings Before the Board of Commissioners on Grievances and Discipline ("BCGD Proc.Reg.").
{ } In mitigation, the court has never disciplined respondent in over 20 years of practice, including over 10 years as a judge. Kaup, 102 Ohio St.3d 29, 2004-Ohio-1525, 806 N.E.2d 513, 8; BCGD Proc.Reg. 10(B)(2)(a). In addition, since 1993, respondent has been actively involved in educating middle school and high school students about the legal system, visiting over 400 classes in 63 schools in Franklin and surrounding counties. Cleveland Bar Assn. v. Briggs (2000), 89 Ohio St.3d 74, 75, 728 N.E.2d 1049 (mitigating evidence in attorney-discipline proceeding included political, cultural, and charitable events).
{ } In analyzing these and other pertinent factors, we first note that this is an extraordinary case that is "complex and hotly contested" and unprecedented; as the board determined, "there is no Ohio case similar in size and scope to the charges against Respondent." This case involves countercharges that this proceeding was politically motivated and has been highly publicized.
{ } "The political context and highly publicized nature of these charges cannot distract us from the seriousness of the underlying conduct * * *." In re Kroger (1997), 167 Vt. 1, 15, 702 A.2d 64. Respondent's continued pattern of misrepresentation, threats, and intemperate behavior to judges, lawyers, litigants, and court personnel is both inexcusable and detr
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