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Judge Kickbush must act
NWI Times
Nov 25, 1996
http://www.nwitimes.com/uncategorized/judge-kickbush-must-act/article_9619570c-ec72-5197-8fafe446dd0be85c.html
The issue: The new court rules regarding guardian ad litem appointments are limited to divorce cases.
Our opinion: Judge Kickbush needs to exercise his authority as presiding judge and resolve these moral and ethical issues.
The new Porter County court rule that was supposedly adopted to address, and restrict, unilateral guardian ad litem appointments has its limitations.
The rule limits its guidelines to only divorce cases.
As a result, Judge Thomas Webber is free to appoint his co-incorporator of the Children/Parent Center and his campaign's top financial contributor as a guardian ad litem in cases other than divorces. And he has.
About a week after the new rule was adopted, Judge Webber appointed Beatrice Lightfoot of Burns Harbor as guardian ad litem in a guardianship case where there is no divorce.
When the new rules were announced we were led to believe the rule would eliminate any appearance of a conflict of interest because the parties involved would be able to select a GAL from a list of three proposed.
Clearly, it was the intent of the rule to prevent judges' unilateral appointments of guardians ad litem. Just as clearly, it hasn't.
Who knows whether this was an oversight by the judges or intentional?
What we do know, however, is that it's time to go back to the drawing board and amend the rule by eliminating the divorce case restriction.
Why? Because we believe all guardian ad litem parties should have the same rights and protections, not just those going through a divorce.
And where is the court's leadership? It appears to be lacking.
Recently, Judge Raymond Kickbush said he had no power or authority to address any questionable operation or conduct in the Porter County Courts. He said, basically, the judges all run their own courtrooms and he has nothing to say about how they conduct their business.
So who's in charge of the courts?
Indiana law specifically directs the Porter County Court judges to either select a presiding judge or, in the absence of that action, the judge with seniority automatically becomes the presiding judge.
The six Porter County judges haven't selected a presiding judge. So the senior judge - Raymond Kickbush - is the presiding judge.
He knows Indiana law regarding the court system, and he should know it's his job to ensure the proper operation and conduct of the court and its judges.
Yet despite his attempts to distance himself from the controversy in Porter County's courts, the fact is he can and should be the leading force behind resolving those issues.
It is understandable that Kickbush, who is retiring at the end of this year, would want to end his otherwise relatively distinguished career of public service without handling a controversy in the courts.
He has attempted to rationalize his lack of leadership, saying Porter County's courts operate by a consensus of the judges.
That sounds benevolent, but it really is unconscionable to think Kickbush, a man of the law, would elect to ignore this mess in our courts.
Clearly, court operation and conduct questions are his responsibility as the presiding judge.
With little time remaining on his term, Judge Kickbush should show the leadership skills he's displayed in the past. He must attempt to resolve the critical moral and ethical issues facing the courts.
In doing so, he will assure his legacy remains intact as a man who enforces the law equally.
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