Disciplinary Counsel v. O'Neill

William Lane was indicted for multiple crimes in connection with a bank robbery. Lane unexpectedly offered to plead guilty at the first pretrial conference before Judge Deborah O'Neill (defendant), a judge of the Franklin County Common Pleas Court. O’Neill wanted to proceed to sentence Lane, but the prosecutor requested that the matter be continued to the afternoon or the next day because the victim had asked to be present and make a statement at sentencing. O’Neill denied the request and stated she was going to get the case off her docket. The prosecutor called the victim, but the victim could not leave work to appear in court. The prosecutor refused to proceed with the plea and sentencing until she put on the record that she was not able to comply with the victims’ rights statute. Judge O’Neill refused to go on the record. The prosecutor continued to request that a record be made, and O’Neill continued to refuse to go on the record. The prosecutor left and returned with the Franklin County prosecutor who gave O’Neill a copy of the victim rights’ statute and requested that the plea be postponed until that afternoon when the victim could be present. O’Neill agreed to postpone the proceeding after offering Lane an opportunity to withdraw his plea. The Disciplinary Counsel (plaintiff) filed a complaint charging O’Neill with violations of the Code of Professional Responsibility and the Code of Judicial Conduct. The Board of Commissioners on Grievances and Discipline conducted proceedings and recommended that O’Neill be suspended from the practice of law for two years.