10.16.14 DC Answer to O'Connor
2
J lisrip ~ mmstl THE SUPREME COURT OF OHIO D I S I PLIN RY O U NSEL S C O T T J DR E XE L 2 5 0 C I V I C CENT E R DRIV E . SUI TE 325 COLUMBUS. O H IO 43215-74 1 1 6 1 4 461-02 5 6 FAX 614 461-7 205 1 800 589 5256 S SI S T N T DI S I P LI N R Y O UNS EL STACYSO LOC H E K B ECKMAN M IC H E L L E R BOWMAN DIONNE C DeN U NZIO KAREN H OSMOND CATHE R I NE M RUSSO D ONALD M SC HEET Z AMYC S T O NE AU D R E Y E VARW I G C H IE F A S SI S T AN T D I S CI LI NARY C O UN SE L JOSEPH M CA L IGIURI October 16, 2014 PERS ON L ND ONFI DE NT I L Rosanna L . Miller 10469 Westfall Rd. Amanda , OH 43102 Re: Hon. Mark Stanton O Connor ODC File No. B4-2225J Dear Ms. Miller: Your grievance concerning Judge O Connor was received in our office on September 30, 2014. Please be advised that the authority of the Disciplinary Counsel is limited to investigating alleged misconduct and violations of the Code of Professional Responsibility, the Ohio Rules of Professional Conduct and the Code of Judicial Conduct by attorneys and judges . Ther efore, only viol<~tionsof specific rules go ve rning attorneys an d judges can be ad dressed by this office. Further, our dffice cannot provide legal assistance, offer legal advice or answer questions of a legal nature. Upon review of your grievance, we do not note any evidence of conduct constituting a violation of the Code by Judge O Connor . In 2009, Judge O Connor asked that a visiting judge be assigned to preside over four specifically enumerated cases involving your family. He provided the nam~ of a retired judge who had handled similar cases in the past for Lo an County and indicated the r f tired jud e s willingness to take the cases; It is not uncommon for ajudge to propose a partifular judge to take a visiting judge assignment . Chief Justice Moyer adopted Judge O Connor s recommendation and appointed Judge Walters to hear the four specifically enumerated cases, Chief Justice Moyer s appointment applied only to those four named cases. It did not extend to al ~ cases involving your family members ever pending in any division of the Logan County Common Pleas Court fo all time . We see nothing improper about Judge O Connor presiding over the 2 f l3 criminal case the state brought against your brother regarding your father. While you are obviously d ssatisfied with Judge O Connor s decision to throw out the failure to provide care charge against your brother, as there is not substantial, credible evidence that he engaged in ethical misconduct in making that decision, we lack the probable cause to investigate this matter further. We remind you that ajury acquitted your brother of the other charges.
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Transcript of 10.16.14 DC Answer to O'Connor
8/18/2019 10.16.14 DC Answer to O'Connor
http://slidepdf.com/reader/full/101614-dc-answer-to-oconnor 1/2
J lisrip ~
m m s t l
TH E SU PR EM E C O UR T O F O HIO
DIS IPL IN RY OUNSEL
S C O T T J DR E XE L
250 CIVIC CENTER DRIVE. SUITE 325
COLUMBUS. OHIO 43215-7411
614 461-0256
FAX 614 461-7205
1 800 589 5256
SSIST NT DIS IPLIN RY OUNSEL
S T A C Y S O LO C H E K BE C K M A N
M IC H E LLE R B O W M A N
D IO N NE C D eNU NZIO
K AR E N H O S M O ND
C A T H E R INE M R U S SO
DO NALD M S CH E E T Z
A M Y C S T O NE
AU DR E Y E VAR WIG
C H IE F AS SI S T AN T DIS CI P LINAR Y C O UN SE L
JO SE PH M C ALIG IUR I
October 16, 2014
PERSON L ND ONFIDENTI L
Rosanna L. Miller
10469 Westfall Rd.
Amanda, OH 43102
Re: Hon. Mark Stanton O Connor
ODC File No. B4-2225J
Dear Ms. Miller:
Your grievance concerning Judge O Connor was received in our office on September 30,
2014.
Please be advised that the authority of the Disciplinary Counsel is limited to investigating
alleged misconduct and violations of the Code of Professional Responsibility, the Ohio Rules of
Professional Conduct and the Code of Judicial Conduct by attorneys and judges. Therefore, only
viol<~tionsof specific rules governing attorneys and judges can be addressed by this office. Further,
our dffice cannot provide legal assistance, offer legal advice or answer questions of a legal nature.
Upon review of your grievance, we do not note any evidence of conduct constituting a
violation of the Code by Judge O Connor. In 2009, Judge O Connor asked that a visiting judge be
assigned to preside over four specifically enumerated cases involving your family. He provided the
nam~ of a retired judge who had handled similar cases in the past for Logan County and indicated
the rftired judge s willingness to take the cases; It is not uncommon for a judge to propose a
partifular judge to take a visiting judge assignment. Chief Justice Moyer adopted Judge
O Connor s recommendation and appointed Judge Walters to hear the four specifically enumerated
cases, Chief Justice Moyer s appointment applied only to those four named cases. It did not extend
to al~cases involving your family members ever pending in any division of the Logan County
Common Pleas Court for all time. We see nothing improper about Judge O Connor presiding over
the 2fl3 criminal case the state brought against your brother regarding your father.
While you are obviously dissatisfied with Judge O Connor s decision to throw out the
failure to provide care charge against your brother, as there is not substantial, credible evidence that
he engaged in ethical misconduct in making that decision, we lack the probable cause to investigate
this matter further. We remind you that a jury acquitted your brother of the other charges.
8/18/2019 10.16.14 DC Answer to O'Connor
http://slidepdf.com/reader/full/101614-dc-answer-to-oconnor 2/2
Rosanna L. Miller
October 16, 2014
Page 2
For the aforementioned reasons, we have dismissed your grievance and closed our file.
Sincerely,
~~G~
AmyC.S~*
Assistant Disciplinary Counse ~
ACS/lkj
cc: Hon. Mark Stanton O Connor
