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Kouros may be removed as judge
Supreme Court orders her to show why she shouldn't be replaced
Post-Tribune
May 15, 2003
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/0FF67C71E3838FAA?p=AWNB
Lake Superior Court Judge Joan Kouros may be a step away from being removed or replaced from the bench.
In a rare move, the Indiana Supreme Court Division of State Court Administration late Wednesday made public a petition requiring Kouros to show why a judge pro tem should not be appointed to her courtroom.
The petition, issued Monday, cites Kouros' repeated violations of a state Supreme Court order demanding that she deal more effectively with a serious backlog of cases in her courtroom.
Court insiders say the Supreme Court's move is rare, with one person saying they cannot remember when it has ever happened.
Kouros could not be reached for comment.
Kouros, who in January 1997 became the first woman ever appointed to serve as judge in the Criminal Division of Lake Superior Court, is regarded as fair and stern to those who come before her.
It's her poor skills as an administrator that may be her undoing.
The Supreme Court's last inspection of her courtroom, on April 21, shows that Kouros has not been complying with a January 2001 order requiring her to return files to the Lake County clerk's office within 48 hours.
Kouros is known to have dozens, if not hundreds, of case files in her courtroom, chambers and office for weeks at a time.
Moreover, Kouros, according to Supreme Court documents, has failed to record motions for defendants that come before her, delaying transfers to other facilities or providing services.
In one case, a person was arrested in October on a warrant that was canceled in August but not recorded by Kouros.
Another example shows Kouros failed to remand an East Chicago man following a conviction as a habitual offender in October. He later was released and committed another crime.
Some of the more egregious oversights include inmates in the Lake County Jail who had to spend more time incarcerated on misdemeanor crimes than required because Kouros failed to issue sentencing orders.
According to state court officials, Kouros is likely to submit documents arguing her case on why a judge pro tem should not be appointed to run her court.
Although a specific deadline is not listed in court documents, court officials say a response from Kouros to the Supreme Court is expected promptly.
The Supreme Court first became aware of Kouros' backlog problem in January 2001.
It ordered all four judges of Lake Superior Court Criminal Division to deal with the backlog problem.
In February 2001, the judges informed the Supreme Court that Kouros had instituted a new method of transcribing and processing docket entries.
But a spot check by the Supreme Court last October showed the backlog problem had not been resolved, and may have gotten worse.
It found more than 200 cases were awaiting orders, and a "new" system had not been put in place by Kouros.
Reporter Michael Puente can be reached at 648-3079 or by e-mail at mpuente@post-trib.com.
Kouros at a glance
* Judge Joan Kouros, 42, lives in Schererville. She is a native of East Chicago and daughter to longtime East Chicago City Councilman Gus Kouros.
* She graduated from Valparaiso Law School in 1983 and began working as a Lake County deputy prosecutor that year.
* Kouros later became a trial supervisor and left to become an assistant U.S. attorney in Hammond in 1990.
* In the mid-1990s, Kouros was in private practice in Schererville. Gov. Evan Bayh appointed her judge in 1997 and also worked as a public defender in Lake Superior Court County Division.
* 1997 -- Indiana Gov. Evan Bayh appoints Kouros to the bench, replacing Judge Richard J. Conroy, who retired.
Some of the cases cited by the Indiana Suprme Court Division of State Court Administration
* A defendant is arrested during the weekend of Oct. 6, 2002 on an outstanding warrant. The warrant had in fact been recalled Aug. 20, 2002. Judge Kouros did not reduce this decision to writing.
* A defendant was tried in a bench trial ending Dec. 17, 1997. Sentencing was set for Jan. 5, 1998, then continued to March 1, 2001. Because the file remained in the court's offices, the defendant posted bond and left jail, never was sent notice of the hearing dates, and appears to never have been sentenced.
* Defendant charged with a felony and as being a habitual offender following five prior felony convictions. On Oct. 28, 2002, the person was convicted after a jury trial and faced 8 years in prison for his felony conviction, with an additional 12 years as a habitual offender.
The habitual offender charge was set aside and taken under advisement pending a Dec. 17, 2002 hearing; however, Judge Kouros did not remand the defendant to jail, subsequently, the defendant posted bond and was released from custody.
* Kouros revoked a defendant's probation June 5, 2002 and also ordered a bench warrant for defendant's arrest. The order had not been transmitted to the clerk's office as of Oct. 24, 2002 and the warrant had not been issued.
* Kouros issues a bench warrant for a person who failed to appear in court on June 21, 2002. As of October, the order had not be received by the clerk's office and the warrant had not been issued.
* Kouros sentenced a defendant on Sept. 12, 2002 to 30 days in the county jail with nine days credit. As of Oct. 24, 2002, no written order had been prepared.
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