A suspended lawyer who practiced law extensively in the gay community and who is fighting additional state Bar allegations argued Wednesday that Arizona's top disciplinary judge should be removed from her case because he is biased against gays.
Jane O. Ross testified that presiding Disciplinary Judge William "Bill" O'Neil violated her rights and manipulated a previous disciplinary case against her because she is a lesbian who challenges judicial authority and fought for an anti-discrimination rule on behalf of gay lawyers.
"It is exactly that discrimination I'm alleging," Ross said during a hearing to determine whether O'Neil should be disqualified from the case. "I pushed both of his buttons. ... I challenged judges, and I'm homosexual."
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O'Neil did not file a written response to Ross' motion or appear during proceedings before Judge Glenn Davis, who was brought out of retirement to conduct the hearing.
Hunter Perlmeter, staff counsel for the state Bar, said in a closing argument that Ross elicited hearsay statements that were "incredibly inflammatory" but failed to produce credible evidence of bias.
Ross received a four-year suspension of her law license after a hearing before O'Neil in March 2013. She was found guilty of improperly pressuring a client, signing a false document and other unethical conduct. She faces new charges for allegedly practicing law while under suspension, which she denies.
In her motion, Ross accused O'Neil of "illegal conduct" and conflicts in his business, personal and judicial affairs. She argued that his behavior reflects "a pattern of corruption, failure to uphold due process, failure to acknowledge conflicts of interest" and other ethical breaches.
During the hearing, Davis refused to allow testimony about O'Neil's integrity except as directly related to the bias allegation. Davis said other issues should be considered by the Bar or Commission on Judicial Conduct, which already has dismissed many of the accusations in Ross' motion.
Casa Grande resident Mark Dixon, who characterized himself as a former friend of O'Neil's, testified that the judge views gays and lesbians as sinful and repulsive based on evangelical Christian beliefs.
Davis said he will rule on the request at a later date.
Jane O. Ross testified that presiding Disciplinary Judge William "Bill" O'Neil violated her rights and manipulated a previous disciplinary case against her because she is a lesbian who challenges judicial authority and fought for an anti-discrimination rule on behalf of gay lawyers.
"It is exactly that discrimination I'm alleging," Ross said during a hearing to determine whether O'Neil should be disqualified from the case. "I pushed both of his buttons. ... I challenged judges, and I'm homosexual."
Related: Divorce case stirs ethics allegations about judge
O'Neil did not file a written response to Ross' motion or appear during proceedings before Judge Glenn Davis, who was brought out of retirement to conduct the hearing.
Hunter Perlmeter, staff counsel for the state Bar, said in a closing argument that Ross elicited hearsay statements that were "incredibly inflammatory" but failed to produce credible evidence of bias.
Ross received a four-year suspension of her law license after a hearing before O'Neil in March 2013. She was found guilty of improperly pressuring a client, signing a false document and other unethical conduct. She faces new charges for allegedly practicing law while under suspension, which she denies.
In her motion, Ross accused O'Neil of "illegal conduct" and conflicts in his business, personal and judicial affairs. She argued that his behavior reflects "a pattern of corruption, failure to uphold due process, failure to acknowledge conflicts of interest" and other ethical breaches.
During the hearing, Davis refused to allow testimony about O'Neil's integrity except as directly related to the bias allegation. Davis said other issues should be considered by the Bar or Commission on Judicial Conduct, which already has dismissed many of the accusations in Ross' motion.
Casa Grande resident Mark Dixon, who characterized himself as a former friend of O'Neil's, testified that the judge views gays and lesbians as sinful and repulsive based on evangelical Christian beliefs.
Davis said he will rule on the request at a later date.
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