Opinion
NO. 4 JD 15
02-04-2016
IN RE: JOSEPH J. O'NEILL MUNICIPAL COURT JUDGE FIRST JUDICIAL DISTRICT PHILADELPHIA COUNTY
NOTICE OF HEARING
AND NOW, this day of , 2016, upon consideration of the Respondent's Motion for Reconsideration and Clarification, a hearing is hereby scheduled by the Court for the day of , 2016 at AM/PM, in Courtroom , .
BY THE COURT:
/s/_________
J. ORDER
AND NOW, this day of , 2016, it is hereby ORDERED and DECREED that the reconsideration is granted and Joseph J. O'Neill's pay is reinstated.
BY THE COURT:
/s/_________
J. ORDER
AND NOW, this day of , 2016, it is hereby ORDERED and DECREED that the medical and dental benefits of Joseph J. O'Neill will continue during the term of his suspension without pay.
BY THE COURT:
/s/_________
J. RESPONDENT'S MOTION FOR RECONSIDERATION AND CLARIFICATION
The Respondent, Joseph J. O'Neill, by his counsel, Samuel C. Stretton, Esquire, hereby seeks clarification and reconsideration of the Order dated February 2, 2016 for the following reasons:
1. This Honorable Court by Order dated February 2, 2016 ordered Joseph J. O'Neill suspended without pay. A copy of the said Order is attached and marked as Exhibit "A".
2. Clarification of the Order is needed in that it does not state whether medical benefits continue. The practice has always been to continue a judge's medical and dental benefits during an interim suspension. Judge O'Neill respectfully requests this Honorable Court issue a separate Order clarifying the same and noting that his medical and dental benefits will continue.
3. Joseph J. O'Neill respectfully requests reconsideration of the Order suspending him without pay. Joseph O'Neill is respectfully requesting an argument before the full Court of Judicial Discipline on his request for reconsideration.
4. Joseph J. O'Neill respectfully contends that he has a very good defense on the pending charges before the Court of Judicial Discipline and a very good defense if, in fact, the federal government decides to file a bill of indictment.
5. Joseph J. O'Neill contends and would incorporate by reference his previously detailed answer to the Judicial Conduct Board in his letter, which has been attached as part of the previous exhibits on the issue of pay. The evidence is very clear that the Respondent's decision was the correct decision and there was no intent to act inappropriately.
6. Joseph J. O'Neill would like to present evidence on all these issues.
7. Joseph J. O'Neill respectfully requests this Honorable Court reconsider the suspension without pay and provide him with an immediate hearing before the full Court on all issues.
WHEREFORE, the Respondent, Joseph J. O'Neill, by his counsel, Samuel C. Stretton, Esquire, respectfully requests this Honorable Court grant clarification and reconsideration of the February 2, 2016 Order for the reasons above stated.
Respectfully Submitted,
/s/_________
Samuel C. Stretton, Esquire
Attorney for Respondent,
Joseph J. O'Neill
301 South High Street
P.O. Box 3231
West Chester, PA 19381-3231
(610) 696-4243
Attorney I.D. No. 18491 CERTIFICATE OF SERVICE
I hereby certify I am this date serving a copy of the Respondent's Motion for Reconsideration and Clarification in the captioned matter upon the following persons in the manner indicated below.
Service by First Class Mail addressed as follows:
1. Elizabeth A. Flaherty, Esquire
Deputy Counsel
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717) 234-7911
Elizabeth.Flaherty@jcbpa.org
2. Honorable Robert A. Graci
Chief Counsel
Judicial Conduct Board
Pennsylvania Judicial Center
601 Commonwealth Ave., Suite 3500
P.O. Box 62525
Harrisburg, PA 17106
(717). 234-7911
Robert.Graci@jcbpa.org
3. Honorable Joseph J. O'Neill
240 City Hall
Philadelphia ,PA 19107
Respectfully Submitted, 2/3/16
Date
/s/_________
Samuel C. Stretton, Esquire
Attorney for Respondent,
Joseph J. O'Neill
301 South High Street
P.O. Box 3231
West Chester, PA 19381-3231
(610) 696-4243
Attorney I.D. No. 18491
ORDER
AND NOW, this 2nd day of February, 2016, it is ORDERED that Respondent, Municipal Court Judge Joseph J. O'Neill, is hereby SUSPENDED WITHOUT PAY.
PER CURIAM