06292003 - News Article - Lake judge removed from bench

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Lake judge removed from bench
South Bend Tribune (IN)
June 29, 2003
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/13EA99EE63EED658?p=AWNB
CROWN POINT, Ind. (AP) -- The Indiana Supreme Court has voted to temporarily remove a Lake County judge from the bench for failing to reduce a backlog of cases in her courtroom.

Lake Superior Judge Joan Kouros will spend her last day on the bench Monday. Senior Judge Raymond D. Kickbush will replace her beginning Tuesday for at least 90 days and possibly the remainder of her term, which is more than two years.

The court's decision Friday came despite letters of support for Kouros from a number of northwest Indiana attorneys, as well as a letter from Kouros herself stating why she should not be removed.

Kouros initially blamed the backlog on the clerk's office, prosecutors and defense attorneys, but later said it was the result of her own desire for perfection.

Acting Chief Justice Frank Sullivan Jr. said that while Kouros had taken some steps toward correcting the problem, a change in the way justice is administered in her court cannot await gradual improvement.

The high court said Kouros could petition for reinstatement in three months if she can prove she is capable of running an efficient court.

Kouros could not be reached for comment Saturday because her home telephone number is unlisted.

Her attorney, Kevin McGoff of Indianapolis, said it would be premature to comment on whether Kouros would seek reinstatement.

"The court has provided an opportunity for her to return to serve the community, and that's certainly something I think she wants to do," McGoff said Saturday.

Kouros becomes the first judge in the three decades of Lake County's merit selection system -- designed to pick the most capable judges -- to be forced off the bench other than by the voters.

The state Supreme Court has removed judges for disciplinary violations in the past, according to Douglas Cressler, administrator to the high court. But he said it was rare for a judge to be removed for poor performance.

The Supreme Court began investigating the backlog of cases in 2001. The court revealed in January 2001 that a backlog of 330 case files was piled in her judicial chambers waiting for her signature on decisions she had made months earlier.

The high court ordered Kouros to reduce the backlog of cases, but it swelled to at least 200 cases last October. In January, justices ordered Kouros to keep the backlog to 80 cases or fewer, but she exceeded that limit at least twice this spring.

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06282003 - News Article - Kouros removed as judge - Criminal judge given 90 days to restore order in her courtroom

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Kouros removed as judge
Criminal judge given 90 days to restore order in her courtroom
NWI Times
Jun 28, 2003
http://www.nwitimes.com/news/local/kouros-removed-as-judge/article_1c63614a-dbcc-5504-b36d-6f7cb9ad2af7.html
CROWN POINT - The Indiana Supreme Court temporarily removed Joan Kouros from office Friday as a Lake Criminal Court judge for delaying justice through sloppy paperwork.

Senior Judge Raymond D. Kickbush will replace her, beginning Tuesday, for at least 90 days and possibly the remaining two and a half years of her current term.

"I'm very sorry to hear that," County Prosecutor Bernard A. Carter said Friday afternoon. The two have known each other for more than a dozen years. "This is bad news and I feel for her."

Neither Kouros nor her attorney, Kevin McGoff of Indianapolis, could be reached Friday for comment on whether she will attempt to regain her job or resign.

The announcement sent shock waves through the Criminal Courthouse here. One judge, who wished to remain anonymous, compared the announcement to a death of a friend.

She becomes the first in the three decades of Lake County's merit selection system - designed to pick the most capable judges - to be forced off the bench by anyone other than the voters.

Judge Kouros blamed her troubles on others, including the clerk's office, prosecutors, defense lawyers and her own staff and only accepted responsibility earlier this month, saying that her desire for perfection tied her in knots, "where others would be satisfied to allow simple errors to go unchanged."

The Supreme Court said Friday that admission was too little, too late.

"Unfortunately, a correction to the manner in which justice is being administered in Lake Superior Criminal Court III is needed now and cannot await further gradual improvement," according to a Supreme Court statement.

"We therefore find that the Honorable Joan Kouros has failed to perform the duties of her office without good cause."

There is no indication on the order as to whether she will lose her salary or benefits, and the justices are giving her the chance to petition for reinstatement in three months, if she can prove she is finally capable of running an efficient court.

Douglas Cressler, of the Supreme Court's administrative division, said Friday it is unclear exactly what Kouros would have to demonstrate to get her job back.

"The Supreme Court deliberately left that open and flexible. Who knows what the situation will be three months from now and what things Judge Kouros may do in the interim? The court is leaving it open for the eventuality of reinstatement, depending on what things look like three months from now," Cressler said.

Retired Lake Criminal Court Judge Richard W. Maroc, who worked with Kouros six years, said Friday, "I think it would be difficult for her to prove she can do the job if she is not doing the job." However, he thinks there is some hope for her. "I feel that it is very significant that they appointed a (temporary judge) rather than open an appointment for a new (permanent) judge."

Senior Criminal Court Judge Thomas Stefaniak said Friday, "I respect the Supreme Court's decision and will cooperate with them in any way, should they ask for that cooperation. Certainly, if the Supreme Court should reinstate her, my promise to assist in any way still stands."

Kouros was appointed to the bench in 1997 and retained by voters three years ago, despite calls for her defeat because of her inability to finish a case.

The Supreme Court initiated an investigation and revealed, in January 2001, a backlog of 330 case files that were piled up in her judicial chambers waiting for her signature on decisions she made months earlier. The backlog created delays in the release of jailed people and allowed the release of people, who should have remained behind bars.

She aggravated the backlog further by communicating her thoughts on dozens of sticky notes attached to court documents, rather than dictating her orders into a recorder for a secretary to type out in acceptable form.

The high court ordered her to amend her ways, but last October the backlog had grown again to at least 200 cases. The justices demanded in January she keep it to 80 cases or fewer, but she exceeded that limit at least twice this spring.

The high court said Kouros refused help from others until recently when the Supreme Court delivered an ultimatum on her continued judicial career. She begged to keep her job in a lengthy petition her attorney filed two weeks ago.

The Supreme Court Justices stated Friday, "The tenor of the response, the acknowledgement by Judge Kouros that there have been problems in the administrative aspects of her judicial responsibilities and the steps she has taken toward correcting those problems are viewed with favor by the court. Were we writing on a clean slate, her response might persuade us to forestall action."

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06282003 - News Article - High court orders Kouros to step down - Monday will be last day for embattled judge

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High court orders Kouros to step down 
Monday will be last day for embattled judge
Post-Tribune
June 28, 2003
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/0FF66D3DA676E4CE?p=AWNB
Monday will be Lake Court Superior Court Judge Joan Kouros' last day on the bench.

In a rare move, the Indiana Supreme Court ordered the judge to step down Friday because of her failure to reduce a backlog of cases in her courtroom.

The court's decision came despite letters of support for Kouros from a number of area attorneys, and a letter from Kouros herself stating why she should not be removed.

Kouros will be replaced by Lake Superior Court Pro Tem Judge Raymond J. Kickbush, who has been appointed to serve full time.

The 42-year-old Kouros is known to have dozens, if not hundreds, of case files in her courtroom and chambers for weeks at a time.

The backlog has delayed the release of inmates held at the Lake County Jail and delayed transfers to other facilities.

"Unfortunately, a correction to the manner in which justice is being administered in Lake Superior Criminal Court III is needed now and cannot await further gradual improvement," acting Chief Justice Frank Sullivan Jr. said in the order signed Friday.

He noted that Kouros had taken some steps toward correcting the problem in her courtroom, which the court looked upon favorably.

However, he said the state court's first intervention was more than two years ago, on Jan. 22, 2001.

An April inspection of Kouros' courtroom revealed that she had not been complying with a 2001 order that required her to return files to the Lake County clerk's office within 48 hours.

Kouros, a 1983 graduate of Valparaiso University's law school, could not be reached for comment.

Lake County Superior Court Judge Thomas Stefaniak, the senior judge of the Criminal Division, said he is willing to assist the high court any way he can.

"The Supreme Court has made its decision in this case and our division stands willing to accept the decision," he said.

Lake Superior Judge Clarence Murray concurred with Stefaniak, but said Kouros' removal from the bench is disturbing.

"It's still sinking in," Murray said. "All I can say is it's a most unfortunate situation.

"The Supreme Court has made its decision in this case and our division stands willing to accept the decision," he said.

Kouros, a Schererville resident, became the first woman ever appointed to serve as judge in the Criminal Division of Lake Superior Court in 1997.

The Supreme Court has removed judges for disciplinary violations in the past, according to Douglas Cressler, administrator to the state Supreme Court.

But, he said, "it is rare for a judge to be removed for poor performance of administrative duties."

The court left room for Kouros to return to the bench, however.

"We appreciate the efforts Judge Kouros has made to address the documented problems and her acceptance of responsibility in this matter," Sullivan wrote.

Accordingly, after 90 days, Kouros can petition to get her job back.

Sullivan said the court would reconsider the matter based on the proof established in Kouros' petition, the prevailing circumstances of courtroom under Kickbush and the recommendations of the Division of State Court Administration.

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06172003 - News Article - Criminal judge pleads to keep job - Kouros admits faults, blames others in response to high court

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Criminal judge pleads to keep job
Kouros admits faults, blames others in response to high court
NWI Times
Jun 17, 2003
http://www.nwitimes.com/news/state-and-regional/criminal-judge-pleads-to-keep-job/article_cc6cec56-e13a-5f7c-b8ae-a5779d6d1bbc.html
CROWN POINT -- Lake Criminal Court Judge Joan Kouros begged the Indiana Supreme Court on Monday to let her keep her job.

She and her attorney admitted Monday in a 20-page response to the Indiana Supreme Court that she has failed to live by strict rules the justices set down for her five months ago to speed the flow of paperwork crucial to the administration of justice.

Kouros denied some allegations against her and blamed others for some, including lawyers who practice before her, and those in the county clerk and court probation offices.

She admits she is in need of help and has accepted it from two local judges.

Kevin P. McGoff, an Indianapolis lawyer representing the judge, writes, "The undersigned, the Honorable Joan Kouros, Judge of the Superior Court of Lake County, Criminal Division, Room 3 wishes to express her remorse ...

"This matter has been made public and, as a result, reflects negatively not only on Lake County Criminal Division Room 3, but on the bench generally. The judge is genuinely sorry and deeply regrets that her actions may have given citizens an unfavorable view of judges generally," McGoff states.

Kouros could not be reached by The Times on Monday for comment on her pleadings.

Douglas Cressler of the Supreme Court's administrative division said Monday the five Supreme Court justices will read her pleadings and a two-inch-thick binder of court documents she submitted before deciding whether to replace her until another judge re-establishes order in her court. He said their decision could come before the end of this month.

Kouros was appointed to the bench in 1997 and retained by voters three years ago in the face of calls by a number of the county's lawyers that she be removed.

The Supreme Court responded to that criticism by initiating a public investigation and found in January 2001 a backlog of 330 case files piled in her judicial chambers because they lacked her signature for decisions made months earlier. This created delays in the release of jailed people and allowed the release of people who should have remained behind bars.

The high court ordered her to amend her ways, but by last October the backlog had again grown to at least 200 cases. The justices demanded in January that she keep the backlog to 80 or fewer, but she exceeded that limit at least twice this spring.

McGoff explained Monday that delays happen "because she has a desire for perfection" that makes her hold up final judgment while awaiting answers from her staff or rewriting orders with trivial mistakes, "where others would be satisfied to allow simple errors to go unchanged."

"Judge Kouros is before this court as a result of her desire to do everything correct," McGoff said. "She is honest, her rulings are respected and she works evenings and weekends to fulfill her obligations to her office."

State Court Administrator Lilia Judson said earlier Kouros ignored attempts by local judges and the high court to help her.

Nevertheless, McGoff stated Monday, Kouros is now accepting assistance from Lake Juvenile Court Judge Mary Beth Bonaventura and Criminal Court Judge Thomas Stefaniak.

McGoff said the judge has reduced the number of files she keeps in her office to a minimum and has begun an intricate system of case management to ensure the backlog remains small.

She denied she had a backlog of 171 cases on April 21 when Supreme Court investigators made a surprise visit or that she hurriedly returned 110 files to the clerk a day later. When confronted with 15 alleged cases involving paperwork delays of up to five months, she denied two and admitted 13.

She blames her staff for a 20-month delay in installing an electronic dictation system to record decisions she makes on the bench for her staff to play back and transcribe into written orders for prompt action.

She admits she still attaches glued Post-It notes to court documents with notations of orders despite the high court's criticism of that practice.

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06172003 - News Article - Judge says she wants it right - Kouros cites desire for perfection in explaining court case backlog

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Judge says she wants it right 
Kouros cites desire for perfection in explaining court case backlog
Post-Tribune (IN)
June 17, 2003
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/0FF66D3686275114?p=AWNB
Lake Superior Court Criminal Division Judge Joan Kouros says her desire for perfection is responsible for a delay in processing cases that come before her, not because of inability or unwillingness to perform her duties.

Through her attorney Kevin McGoff, Kouros explained in court papers to the Indiana Supreme Court Division of State Court Administration her side of a case backlog in her courtroom that has put her judgeship in jeopardy.

Monday was the deadline for Kouros to submit a response to a Supreme Court petition to show cause as to why she should not be replaced with a judge pro tem.

In her response, McGoff states that Kouros carefully reviews everything emanating from her court.

Reviewing -- although her critics call it micro-managing -- includes calling probation officers to inquire if terms have been met; or rewriting orders that contain minor errors.

"These efforts to produce work that is without error have been the cause of the backlog in moving the flow of paperwork through the Court," McGoff states.

"Unlike other jurists this Court has had the unfortunate opportunity to sanction, Judge Kouros' is before this Court as a result of her desire to do everything correct.

"She is honest, her rulings are respected and she works evenings and weekends to fulfill her obligations to her office," McGoff states.

Kouros is under fire from the Supreme Court for repeated violations of a January 2001 order demanding she deal more effectively with the case backlog.

Following the Supreme Court's last inspection of Kouros' courtroom on April 21, the High Court cited in a petition that Kouros has not complied with its 2001 order requiring her to return files to the Lake County clerk's office within 48 hours.

Although she has developed a reputation for being stern and fair with defendants and attorneys who appear before her, she also has become known for keeping hundreds of case files in her possession.

The delays keep Kouros' orders from being recorded in the clerk's office.

The Supreme Court has cited instances in which arrest warrants had not been canceled or sentencing orders unrecorded for months.

In her brief to the Supreme Court, Kouros provided detailed explanations on specific cases in which a delay had occurred. She admitted to many of the allegations, but denied several.

She also states that a new method of transcribing and processing docket entries had just begun in February.

However, the four Lake Superior Court jurists told the Supreme Court that the new method was to have been put in place more than two years ago.

Kouros cites problems with repairing and installing dictation equipment in her courtroom.

Kouros also explained that some files recorded in the clerk's office as being checked out by her may be wrong, since there is no documentation.

McGoff said Kouros has met with jurists from equally busy courts and continues to receive instruction on the art of efficiently disposing of cases, while at the same time generating quality work product.

Lake Superior Court Juvenile Division Judge Mary Beth Bonaventura and Criminal Division Senior Judge Thomas Stefaniak have agreed to serve as mentors to Kouros and monitor the processing of paperwork.

McGoff also states that Kouros knows that the matter reflects negatively on her and the court.

"The judge is genuinely sorry and deeply regrets that her actions may have given citizens an unfavorable view of judges generally," McGoff states.

It is unknown when the Supreme Court plans to make a decision whether Kouros will remain on the bench.

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06152003 - News Article - Many back Judge Kouros - Prominent lawyers come to her defense against Supreme Court

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Many back Judge Kouros 
Prominent lawyers come to her defense against Supreme Court
Post-Tribune
June 15, 2003
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/0FF66D2FADCF9BAD?p=AWNB
As Monday's deadline looms for Lake Superior Court Criminal Division Judge Joan Kouros to submit her response telling the Indiana Supreme Court why she should not be removed as judge, backers are lining up to offer support.

Several letters of support from attorneys who appear before Kouros have made their way to Indiana Supreme Court Chief Justice Randall T. Shepard asking that Kouros remain as judge, including one from an elected official.

They include major legal names such as Frederick Work, Thomas Vanes, Willie Harris, Garry Weiss, David Schneider, Samuel Cappas, Darnail Lyles and Lemuel Stigler to name a few.

All of the letters were provided by the Indiana Supreme Court to the Post-Tribune upon request.

State Rep. Robert D. Kuzman, D-Crown Point, states in his letter that Kouros is an excellent judge who has dealt with the problem of a backlog of cases.

"She is competent, compassionate, and treats all attorneys and defendants with respect and patience," Kuzman writes. "Judge Kouros is a most capable judge. I am confident that she will be able to resolve her case load if given more time."

Valparaiso attorney Larry Rogers states in his letter that Kouros' character and abilities are being maligned and she is being treated unfairly by the local press and a few vocal members of the local bar.

"She has been criticized for being overly concerned with details and I have been subjected, on occasion, to her penchant for accuracy. In my opinion, she is a perfectionist and demands a high level of competency from those that appear before her," Rogers stated.

Even former Indiana Attorney General Karen Freeman-Wilson, who came up short in her bid for Gary mayor in May, is supporting Kouros.

Freeman-Wilson cited her time with Kouros when both were deputy prosecutors in Lake County, and when Kouros was her pro tem when Freeman-Wilson was Gary City Judge.

"Throughout our professional association, I have been awed by her intellect, dedication, compassion, sense of fairness, perseverance and attention to detail," Freeman-Wilson states in her letter. "I believe that her aspiration towards perfection has been the greatest contribution to the current challenges in her court."

Last month, in a rare move, the Indiana Supreme Court Division of State Court Administration issued a petition requiring Kouros to show why a judge pro tem should not be appointed to her courtroom.

The petition cited Kouros' repeated violations of the Supreme Court's order demanding that she deal more effectively with a serious backlog of cases in her courtroom.

The petition followed the high court's last inspection of Kouros' courtroom on April 21 that showed proof that she had not been complying with its order from January 2001 requiring her to return files to the Lake County clerk's office within 48 hours.

Although she is regarded as a fair and stern judge, she had become known for having hundreds of case files in her courtroom, chambers and office for weeks at a time, which prevented public inspection.

The Supreme Court also noted that Kouros failed to record motions for defendants that came before her, delaying transfers to other facilities or providing services.

In one case, a person was arrested last October on a warrant that was canceled in August but was not recorded by Kouros.

Another example showed that Kouros failed to remand an East Chicago man following a conviction as a habitual offender in October. The man was released and committed another crime while out.

All of the violations came after Kouros agreed to implement a new system of processing cases.

One outspoken critic of Kouros is Lake County Deputy Prosecutor John Burke, who has sparred in the past year with the judge over cases that he has handled before her.

Burke has said in recent interviews that Kouros should step down because the job of being judge overwhelms her.

"I think that part of Judge Joan Kouros' problem is a problem that a lot of us have: We'd rather be ruined by praise than saved by criticism. The measure of success is not whether you have tough problems to deal with, but whether it's the same problems you had last year," Burke, a 30-year veteran prosecutor who is highly regarded by prosecutors and defense attorneys alike, said last week.

In a surprising move of support, Lake Superior Court Criminal Division Senior Judge Thomas Stefaniak said he and Juvenile Division Judge Mary Beth Bonaventura have offered to serve as mentors to Judge Kouros.

David Remondini, who serves as counsel to the chief justice, said it will be up to Randall to decide how the letters of support for Kouros will play in the decision as to what will ultimately happen to her.

Kouros did not return calls seeking comment.

Indianapolis attorney Kevin McGroff, who is representing Kouros, said the response will be submitted by Monday's deadline and all of the Supreme Court's concerns will be addressed.

Kouros was appointed to the bench in 1997 by then-Gov. Evan Bayh. Kouros became the first woman to serve as judge in the criminal division.

It is not known when the Supreme Court will decide whether Kouros will remain on the bench.

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06052003 - News Article - Kouros' response date postponed - High court warns local criminal judge: No more delays

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Kouros' response date postponed
High court warns local criminal judge: No more delays
NWI Times
Jun 5, 2003
http://www.nwitimes.com/news/state-and-regional/kouros-response-date-postponed/article_60303eb4-a64f-501f-8561-c82386d45ea0.html
INDIANAPOLIS -- The Indiana Supreme Court has given Lake Criminal Court Judge Joan Kouros a last-minute extension to respond to a petition that argues she should be removed from the bench.

But the order, signed by Chief Justice Randall Shepard, denied Kouros' request for a 30-day delay and set the deadline for her response at June 16. The original date for the response was to be Wednesday.

Kouros' attorney, Kevin McGoff, said he needed more time to investigate the workings of the Lake County judicial system and to interview additional witnesses, but Shepard's response made it clear the justices have run out of patience with Kouros.

"Judge Kouros has already been aware of the issues that are the subject of this cause since at least January 17, 2003," Shepard wrote, adding the judge has had more than 20 days to consider the petition's allegations.

Shepard said no additional time extensions will be granted.

McGoff filed his request at 10:30 a.m. Tuesday. Shepard issued his response four hours later.

It is ironic that Kouros asked for the delay since such delays within her own courtroom are at the heart of the complaint against her, filed by the Supreme Court's Division of State Court Administration on May 14.

But McGoff said his request "is not being made for the reason of delay" but that he has met with another Lake County judge and has concluded he needs additional time.

McGoff said several judges have offered to mentor Kouros, although Kouros has said in earlier interviews that she feels she is not doing anything wrong and has been targeted for political reasons.

Not every judge on the Superior Court bench thinks Kouros can get her act together in time to placate the Supreme Court.

In its essence, the complaint asks that Kouros tell the Supreme Court why she should not step down and let a temporary judge take her place in order to clear up a backlog within her court that has created chaos for the prosecutor, defense lawyers and the criminal division of the Lake County clerk's office.

Specifically, the state court administrator's office said, Kouros is not making entries in court dockets in a timely manner, resulting in files not being returned to the clerk's office, delays in the release of jailed people and in the release of people who have been convicted of crimes.

In the strongly worded order, State Court Administrator Lilia Judson said Kouros has ignored attempts to help her by the local judges and has repeatedly ignored earlier attempts by the Indiana Supreme Court to help her.

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06052003 - News Article - Judge is given 'continuance' to present case for job - Kouros now has until June 16 to explain why she shouldn't be replaced

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Judge is given 'continuance' to present case for job 
Kouros now has until June 16 to explain why she shouldn't be replaced
Post-Tribune
June 5, 2003
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/0FF66D1FB0F9423F?p=AWNB
Lake Superior Court Criminal Division Judge Joan Kouros will get a little more time to explain why she should not be replaced by a temporary judge.

The Indiana Supreme Court Division of State Court Administration gave Kouros until noon June 16 to submit her petition.

Kouros originally had until Wednesday to enter her petition.

She also initially requested an extra 30 days to respond but that was rejected by the high court's Division of State Court Administration, according to Supreme Court officials.

Kouros has come under fire and the intense scrutiny of the Supreme Court for her failure to deal with a backlog of cases in her courtroom.

On May 14, the administration made public a petition requiring Kouros to show why a judge pro tem should not be appointed to her courtroom.

The petition cited Kouros' repeated violations of a state Supreme Court order demanding that she deal more effectively with the backlog.

The petition came after an April 12 inspection of Kouros' courtroom by officials of the Supreme Court who concluded that the judge had not been complying with a January 2001 order requiring her to return case files to the Lake County clerk's office within 48 hours. Kouros is known to have dozens of case files in her courtroom, chambers and office for weeks at a time.

Supreme Court documents also showed that Kouros failed to record motions for defendants that come before her, delaying transfers to other facilities or providing services.

Some of the more serious 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.

After the Supreme Court had learned of the backlog problem in January 2001, it ordered all four judges of the 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.

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