APPEALS COURT Judge criticizes opponent's actions

The judge involved has not objected to Judge O'Neill hearing appeals of his decisions.
By STEPHEN SIFF
VINDICATOR TRUMBULL STAFF
WARREN -- A judge on the 11th District Court of Appeals has accused one of her colleagues of acting inappropriately by hearing cases from a Geauga County judge with whom he was feuding.
Judge Judith A. Christley says Judge William O'Neill's decision to hear a particular case from Geauga County Probate-Juvenile court was "the straw that broke the camel's back," prompting her to make an unusual midterm run against her fellow 11th District appeals court judge.
The court hears cases from lower courts in Ashtabula, Trumbull, Geauga, Portage and Lake counties.
What happened
Judge O'Neill lives in Geauga County, where he has had several run-ins with probate-juvenile Judge Charles "Chip" Henry after a boy who lives with O'Neill ran afoul of the law in 1999.
Judge Henry filed two grievances against Judge O'Neill with the Ohio Supreme Court disciplinary counsel for his behavior in court and comments about the case to the media.
"He was making false statements to the newspaper and denigrating the court," Judge Henry said.
The disciplinary counsel decided not to pursue charges.
"Why are you still sitting on appeals involving Chip Henry, even after the disciplinary complaints have come and gone?" Judge Christley asked rhetorically at a Vindicator editorial board meeting Monday.
"You have made public statements in the newspaper that you will run against him, that you think he is a bad judge."
Judge O'Neill said he has resolved disagreements he had with Judge Henry and can fairly judge cases from his courtroom.
He said they are friends. "It is all ancient, ancient history," he said.
Judge Henry said he has never filed anything with the Supreme Court requesting that Judge O'Neill not consider appeals from his court.
Neither have parties on either side of the appeals, he said.
Judge Christley said the case that prompted her decision to challenge Judge O'Neill was added to the court schedule at the last minute and assigned to Judge O'Neill in January.
She said she suspected Judge O'Neill manipulated the court schedule to get the case but she lacks the evidence to prove it.
It is a charge Judge O'Neill flatly denies. "It is physically impossible," he said. "It cannot be done."
If Judge Christley wins the Nov. 5 election, she will take Judge O'Neill's seat. The governor will appoint someone to serve the remainder of her term, through 2005.
siff@vindy.com