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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