11242002 - News Article - Judge Kouros continues to create her own problems - Our opinion: Kouros lowered judiciary by finding prosecutor Burke in contempt of court

Also See:





Judge Kouros continues to create her own problems 
Our opinion: Kouros lowered judiciary by finding prosecutor Burke in contempt of court
Post-Tribune
November 24, 2002
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/0FF67B806AFCA05A?p=AWNB
It has become more than coincidence.

There is a pattern developing in the courtroom of Lake Superior Court Judge Joan Kouros.

It's disturbing.

Because of a variety of problems, the Indiana Supreme Court last year launched an investigation into Kouros' management of her caseload, largely because her propensity to micromanage has slowed the disposition of cases.

The high court's review continues.

The Indiana Attorney General's office got involved in a case before Kouros on Nov. 15.

The attorney general, in motions filed in Lake Superior Court, said Kouros erred when she ruled in September that Eugene Britt isn't competent to stand trial. Britt is charged with six murders.

The state contends that Kouros didn't comply with statute when she found Britt unfit to stand trial based on the findings of a psychiatrist hired by Britt's defense team.

It certainly is cause for any lawyer worth his salt to raise an objection.

The state says statute requires the judge to appoint two or three "competent and disinterested" psychiatrists or physicians to examine the defendant.

The irony of this mess is that Kouros did that in late 2000. A team of three psychiatrists and physicians found Britt competent to stand trial.

But, Britt's attorneys, Jerry Jarrett and Gojko Kasich, asked Kouros in August if they could hire their own person to have Britt examined, because their client no longer would cooperate with them.

Kouros gave them the go-ahead and then accepted the finding of the defense team's hired gun.

Did the judge expect the psychiatrist to put a healthy check in his pocket and turn around and find Britt competent to stand trial? That's likely why statute calls on the judge to appoint "disinterested" doctors to do the exams.

After finding Britt incompetent, Kouros ordered him to be examined by doctors at the state mental hospital in Logansport.

That hasn't yet been done and Britt is due back in court here Dec. 18.

A month or so after finding Britt incompetent, Kouros slipped up again when she allowed a six-time convicted felon to bond out of jail four days after being found guilty in her courtroom.

That led to a public outcry from the prosecutor's office, particularly veteran prosecutor John Burke, who handled the case.

Burke criticized Kouros and she tried to stiff-arm blame.

It is fairly evident that confrontation led to what happened in Kouros' courtroom on Wednesday.

Burke was there on another case and sitting in the audience waiting his turn.

When the judge called Burke's case, she called on a deputy prosecutor who she thought was handling the case.

When the deputy told the judge Burke was doing the case, Kouros said Burke wasn't there.

But Burke was there and told the judge he had been in the courtroom since before she took the bench.

But Kouros, proving that justice is blind, found Burke in contempt of court and fined him $100.

Now, that's what's really contemptuous.

10242002 - News Article - Probe ordered in court backlog

Also See:





Probe ordered in court backlog
The Journal Gazette (Fort Wayne, IN)
October 24, 2002
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/0F6E36201DDC7E2C?p=AWNB
Indiana Supreme Court Chief Justice Randall T. Shepard has ordered the Division of State Court Administration to investigate the case backlog in Judge Joan Kouros' Lake County court.

Monday's order followed an Oct. 3 complaint by Lake County Clerk Anna Anton.

Court statistics for the third-quarter 2002 show Kouros either leads the other three criminal division judges or is second in most areas, including jury trials and guilty pleas processed.

Anton estimated Kouros had more than 400 case files checked out compared with other judges' normal average of about 50.

She said the backlog leads to inmates overstaying their time in jail, timely restitution not being made to victims, and defense attorneys remaining unpaid. Kouros said the larger problem is delays in Anton's office.

07312002 - News Article - Surprise discovered in local divorce cases Agreements could strip away the right to own a gun



Surprise discovered in local divorce cases
Agreements could strip away the right to own a gun
NWI Times
Jul 31, 2002
http://www.nwitimes.com/uncategorized/surprise-discovered-in-local-divorce-cases/article_7cddc73b-32fc-59d8-95a4-f684d47665ac.html
VALPARAISO -- Porter Superior Court Judge Thomas Webber dug around his desk and pulled out a single-page notice likely to come as a surprise to some recently divorced individuals and their attorneys.

The official-looking document announces in capital letters and bold type that as a result of specific wording used in divorce agreements to protect one or both parties from harm, the federal Brady Act has been invoked. The result is the potential offender loses his or her right to possess a firearm and is required to turn over all weapons.

This triggering of the federal law only recently was discovered by Webber and Porter County Magistrate Katherine Forbes while they were implementing state-mandated changes involving the use of protective orders. The changes, which took effect July 1, limit the use of protective orders to cases involving domestic and family violence, sexual assault and stalking.

The Brady Act is triggered by specific language and conditions commonly made part of divorce agreements in Porter County, said Webber. The first of the three triggers occurs when the person is subject to a court order that restrains him from "harassing, stalking or threatening an intimate partner," according to the notice prepared by Webber.

The final two triggers occur when there is an order prohibiting the use, attempted use or threatened use of physical force, and the order is issued after the person has had an opportunity to be heard.

While some attorneys intentionally may seek to trigger the Brady Act, Webber said others likely are to be surprised by the news. It is on behalf of this latter group, Webber has decided to attach notice of the act to applicable divorce agreements. He also is including a suggestion for alternative language that can be used in the agreement without triggering the Brady Act.

"We are now suggesting lawyers take a closer look at standard language," he said.

A different approach has been taken by Christina Miller, a Lake County Circuit Court magistrate who served on the Protective Order Committee, which recommended the changes to the state's protective order law.

When those rules took effect July 1, she began separating protective orders from divorce agreements. Now, each is handled as its own order, she said.

It is important to be careful when triggering the Brady Act, she said, particularly when it involves police officers, security guards or others who must carry a gun for a living.

"We've seen it," Miller said.

The use of two separate orders is the recommended approach in divorce and paternity cases, said Jeffrey Bercovitz, director of juvenile and family law at the Indiana Judicial Center and staff attorney for the center's Protective Order Committee.

"We think it's cleaner," he said.

Porter County's decision to continue including the protective language within the divorce agreement, however, is a valid approach, said Bercovitz.

Webber was aware of the recommendation for separate orders, but said it has not been pursued in Porter County because it would create too much additional work for the county clerk's office and there would be no financial reimbursement. Filing fees cannot be charged for protective orders, he said.

While the concern about the Brady Act is coming to light only in Porter County, Bercovitz said the threat was around long before the July 1 changes to the protective order law. Counties have just been responding at different speeds.

08132023 - News Article - Former Portage Mayor James Snyder asks US Supreme Court to consider his case

  Former Portage Mayor James Snyder asks US Supreme Court to consider his case Chicago Tribune  Aug 13, 2023 https://www.chicagotribune.com/...