Ohio Supreme Court Fails To Disbar Corrupt Former Judge

Jun 2014
60,492
34,751
Cleveland, Ohio
#1
Bridgette McCafferty has finished serving the incarceration portion of her sentence for four felony counts of lying to the FBI now, and the Ohio Supreme Court has ruled that she is to be suspended but not disbarred.

McCafferty was first elected to the Court of Common Pleas in 1999 via the influence of the Cuyahoga County Democratic Party Machine. During an investigation into public corruption in the area, the FBI recorded telephone conversations between McCafferty and party bosses in which she promised to decide cases in accordance with their wishes. She later interviewed by the FBI about these telephone calls and lied. Her conviction -- and her discipline by the Ohio Supreme Court -- rested solely on the fact of these lies, and not the judicial misconduct they were meant to cover up.

The majority opinion reasons in part that McCafferty's misconduct was a single instance, not part of a pattern of long-standing. How on earth this could be the case escapes me, as the lies were necessary to try and cover up her pattern of deciding cases as requested by party bosses, which had been in place for months and most likely had been in place since she first ascended to the bench.

When a professional -- a doctor, lawyer, engineer, etc. -- is denied the right to practice his profession, there is a natural sense of waste and the feeling that there is unfairness in preventing anyone from using the education and experience he worked so hard for to prove for himself and his family.

But the professions affect us all and require that we place our faith in them. No one goes to the doctor thinking "maybe my spouse paid this guy to kill me with a bad medication" and no one should enter any courtroom in America thinking "I won't get a fair trial because my opponent is close with the local party bosses".

What say you? Did the Ohio Supreme Court make a mistake in not revoking the law license of felon Bridgette McCafferty?

http://www.sconet.state.oh.us/ROD/docs/pdf/0/2014/2014-Ohio-3075.pdf
 
Feb 2013
6,813
1,671
<«-------†------»> Floating Between Dimensions.
#3
And people ask me why I am a Republican.......
yep, I see what you mean..

"State bar association chastises Republican Party for Justice campaign ad"
"An ad-monitoring committee of the Ohio State Bar Association today blasted a new commercial financed by the Ohio Republican Party that accuses the challenger of a GOP incumbent Ohio Supreme Court justice of sympathizing with rapists."

Read more at State bar association chastises Republican Party for Justice campaign ad - Toledo Blade
 
Likes: Madeline
Jun 2014
60,492
34,751
Cleveland, Ohio
#4
Cuyahoga County has a history of corruption, Use Caution. Kinda like Youngstown does. You cannot realistically compare local politics to the states', which as a reasonable 2 party system.
 
Jun 2014
60,492
34,751
Cleveland, Ohio
#5
Justice Cupp later joined the bar in urging the Republican Party Chairman Bob Bennett to pull the ad, but the party is standing firm.

The party felt it necessary to go after former Democratic appellate judge William O’Neill in a way it has not gone after the Democratic candidates for other seats on the high court. Justice Cupp, of Lima, is seeking re-election to a second two-year term.

The bar said the ad, particularly its statement that “Bill O’Neill expressed sympathy for rapists’’ is misleading. The bar has rated Mr. O’Neill as “recommended’’ in this race, one step below the rating given to Justice Cupp.

“The committee’s reading of this indicates that then Judge O’Neill was performing his duties as a judge, expressing a commitment to preserving justice for all parties,’’ reads the letter to Mr. Bennett signed by the ad monitoring committee’s chairman, Maxine Thomas.
Exactly what is it you want Justice Cupp to do, dear?

BTW, the state bar is a voluntary organization. They do not regulate or discipline lawyers; in Ohio, this is done by the Ohio Supreme Court. The organization may have a predominance of plaintiff's lawyers. The Ohio Supreme Court is one of the most pro-business courts in the country, and the fight over justice's elections usually revolves around the plaintiffs' bar seeking to protect pro-litigant justices or defeat pro-business candidates.

Many reasonable people disagree as to whether a state supreme court friendly to business is good or bad for this state.
 
Mar 2012
5,217
933
#6
I'm surprised that wasn't a disbarment either, but the result wasn't exactly a slap on the wrist either, she's not suspended for a term, she was apparently indefinitely suspended. For that to lift I suspect she's going to have to show substantial evidence of rehabilitation.
 
Likes: 1 person
Jun 2014
60,492
34,751
Cleveland, Ohio
#7
I'm surprised that wasn't a disbarment either, but the result wasn't exactly a slap on the wrist either, she's not suspended for a term, she was apparently indefinitely suspended. For that to lift I suspect she's going to have to show substantial evidence of rehabilitation.
I hope you're right, but the opinion is unclear. It may be that her suspension ends automatically when she completes her criminal probation next year.
 
Mar 2012
5,217
933
#8
I hope you're right, but the opinion is unclear. It may be that her suspension ends automatically when she completes her criminal probation next year.
"Her interim felony suspension continues until she completes all terms of her federal supervised release and has been discharged by the federal district court, and this indefinite suspension will begin at that time."

Basically she's already suspended concurrent with the felony and straight through parole. She won't be given credit for that time. AND THEN her indefinite suspension begins anew at which point she's going to have to come back at some later date and get that lifted.
 
Likes: 1 person
Jun 2014
60,492
34,751
Cleveland, Ohio
#9
"Her interim felony suspension continues until she completes all terms of her federal supervised release and has been discharged by the federal district court, and this indefinite suspension will begin at that time."

Basically she's already suspended concurrent with the felony and straight through parole. She won't be given credit for that time. AND THEN her indefinite suspension begins anew at which point she's going to have to come back at some later date and get that lifted.
Well, thank God! I still say she should have been disbarred, but this is good news.
 
Jun 2014
60,492
34,751
Cleveland, Ohio
#10
^Bump ^

Seemed like this might be fun to discuss atm, in light of the Impeach Kavanaugh campaign.

Your thoughts?
 

Similar Discussions