09302003 - News Article - Kouros would make mistake by fighting latest allegations - Our opinion: The suspended judge should resign to allow the replacement process to begin

Also See:

09242017 - News Article Links - Disparity of justice: Comparison of Magistrate James Johnson's and Judge Joan Kouros' judicial investigations - Backlog of court cases

Kouros would make mistake by fighting latest allegations 
Our opinion: The suspended judge should resign to allow the replacement process to begin
Post-Tribune
September 30, 2003
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/0FF5C3C2A59D9CF8?p=AWNB
We said it before and we'll say it again -- Lake Superior Court, Criminal Division, Judge Joan Kouros should resign.

The Indiana Commission on Judicial Qualifications essentially suggested the same thing Friday when it filed 78 separate disciplinary charges against Kouros.

You may recall that the Indiana Supreme Court removed Kouros from the bench during the summer, telling her she could petition for reinstatement in 90 days.

While those 90 days expire this week, it would have been unwise for Kouros to seek reinstatement, even if the disciplinary charges hadn't been filed against her on Friday.

Kouros has 20 days to respond to the 78 disciplinary charges. If she does, the Supreme Court will appoint a panel of three judges to preside over an evidentiary hearing and report their findings to the high court.

Kouros shouldn't waste the state's time by responding.

Kouros, until her suspension, presided over one of the busiest courts in the state.

As evidenced by the lengthy list of disciplinary charges filed against her, she hasn't been able to handle the caseload.

That doesn't make Kouros a bad person, just an attorney in the wrong position.

Among the 78 instances cited, the commission noted a case where a year passed between the sentencing of a defendant and the processing of the sentencing orders that would have allowed the transfer of the individual to the state correction system.

Besides being unfair to the defendant, it kept an inmate in the county jail much longer than he should have been here. That is an expense to the county and adds to overcrowding.

Also particularly troubling was Kouros' unprofessional conduct in attacking deputy prosecutor John Burke, who was one of the victims of Kouros case mismanagement.

We aren't sure why the Supreme Court didn't remove Kouros in June, as opposed to suspending her. Perhaps the justices wanted to do everything by the book.

The action last week by the Judicial Qualifications Commission likely is a way of telling Kouros not to apply for reinstatement.

It's not just a case or two that Kouros has mishandled. There has been a pattern of mismanagement during her short tenure as judge.

Because of political corruption, Lake County's image is at an all-time low in the eyes of the rest of the state. The county doesn't now need to have the problems in one courtroom aired in public.

For the good of the system and the operation of Kouros' courtroom, it is time she step down.

While Judge Pro Tem Raymond Kickbush, a retired Porter County judge, has done an admirable job of filling in, the court needs a permanent judge -- one who resides in Lake County and understands the criminal problems here.

With Kouros' resignation, the merit-selection process could begin. Lake County has many fine attorneys who would make excellent judges.

We saw that most recently when Salvador Vasquez was named to replace Judge Richard Maroc, who retired.

The other two finalists, criminal division magistrate Kathleen Sullivan and defense attorney and former prosecutor Thomas Vanes also would have made fine judges.

09302003 - News Article - Kickbush likely to stay longer - Latest charges filed against Judge Kouros will delay her return

Also See:

09242017 - News Article Links - Disparity of justice: Comparison of Magistrate James Johnson's and Judge Joan Kouros' judicial investigations - Backlog of court cases

Kickbush likely to stay longer 
Latest charges filed against Judge Kouros will delay her return
Post-Tribune
September 30, 2003
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/0FF5C3C25D33D674?p=AWNB
Porter County Superior Court Judge Raymond Kickbush likely will continue to hear criminal cases in Room 3 of Lake Superior Court while the Indiana Supreme Court decides what it will do with embattled Judge Joan Kouros.

Kouros was forced to step down from her Lake Superior Court Room 3 bench on July 1, with her first chance at reinstatement coming later this week.

But Kouros' chances at reinstatement took a major hit last week when the Indiana Commission on Judicial Qualifications slapped her with 78 separate disciplinary counts.

Exactly how much longer Kickbush will continue to serve as judge pro tem in place of Kouros is not known.

However, someone will hear cases in the court.

"The Supreme Court will ensure that the courtroom is staffed and operating either with Judge Kickbush or, if need be, with another jurist until the matter is resolved," said David Remondini, spokesman for the Indiana Supreme Court.

Stanley Jablonski, one of two attorneys representing Kouros, declined to comment much on the charges filed against his client.

But Jablonski said he will be filing a response to the charges. Kouros has 20 days in which to file her official response with the commission.

The 78 counts is the most ever levied against a sitting judge, according to experts in the legal system.

Some suggest the number of counts is the commission's way of reinforcing its stance that Kouros has violated canons of the Code of Judicial Conduct, namely Canon 3.

Canon 3 requires a judge to perform duties impartially and diligently.

The charges against Kouros are the result of her allegedly failing to process important paperwork with the hundreds of cases she handled out of her courtroom prior to her removal.

Kouros had been ordered by the Indiana Supreme Court to process cases more rapidly to avoid delays.

In May, the Supreme Court issued an ultimatum to Kouros in the two-year struggle to get her to deal with a backlog of cases in her courtroom.

The court requested that Kouros show cause why it should not replace her with a judge pro tem.

Kouros provided reasons to the court -- namely citing her perfectionism as a cause for the continued backlog -- but it wasn't enough to prevent her removal from the bench.

Canon 3 of the Code of Judicial Conduct states, "The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. Judges can be efficient and businesslike while being patient and deliberate."

09302003 - News Article - Latest charges filed against Kouros will delay return to bench

Also See:

09242017 - News Article Links - Disparity of justice: Comparison of Magistrate James Johnson's and Judge Joan Kouros' judicial investigations - Backlog of court cases

Latest charges filed against Kouros will delay return to bench
Post-Tribune (IN)
September 30, 2003
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/0FF5C3C2CD85A337?p=AWNB
Porter County Superior Court Judge Raymond Kickbush likely will continue to hear criminal cases in Room 3 of Lake Superior Court while the Indiana Supreme Court decides what it will do with embattled Judge Joan Kouros.

Kouros was forced to step down from her Lake Superior Court Room 3 bench on July 1, with her first chance at reinstatement coming later this week.

But Kouros' chances at reinstatement took a major hit last week when the Indiana Commission on Judicial Qualifications slapped her with 78 separate disciplinary counts.

Exactly how much longer Kickbush will continue to serve as judge pro tem in place of Kouros is not known.

However, someone will hear cases in the court.

"The Supreme Court will ensure that the courtroom is staffed and operating either with Judge Kickbush or, if need be, with another jurist until the matter is resolved," said David Remondini, spokesman for the Indiana Supreme Court.

Stanley Jablonski, one of two attorneys representing Kouros, declined to comment much on the charges filed against his client.

But Jablonski said he will be filing a response to the charges. Kouros has 20 days in which to file her official response with the commission.

The 78 counts is the most ever levied against a sitting judge, according to experts in the legal system.

Some suggest the number of counts is the commission's way of reinforcing its stance that Kouros has violated canons of the Code of Judicial Conduct, namely Canon 3.

Canon 3 requires a judge to perform duties impartially and diligently.

The charges against Kouros are the result of her allegedly failing to process important paperwork with the hundreds of cases she handled out of her courtroom prior to her removal.

Kouros had been ordered by the Indiana Supreme Court to process cases more rapidly to avoid delays.

In May, the Supreme Court issued an ultimatum to Kouros in the two-year struggle to get her to deal with a backlog of cases in her courtroom.

The court requested that Kouros show cause why it should not replace her with a judge pro tem.

Kouros provided reasons to the court -- namely citing her perfectionism as a cause for the continued backlog -- but it wasn't enough to prevent her removal from the bench.

Canon 3 of the Code of Judicial Conduct states, "The duty to hear all proceedings fairly and with patience is not inconsistent with the duty to dispose promptly of the business of the court. Judges can be efficient and businesslike while being patient and deliberate."

09272003 - News Article - Kouros faces more charges of misconduct - Judicial agency says poor performance created backlog problems

Also See:

09242017 - News Article Links - Disparity of justice: Comparison of Magistrate James Johnson's and Judge Joan Kouros' judicial investigations - Backlog of court cases

Kouros faces more charges of misconduct
Judicial agency says poor performance created backlog problems
NWI Times
Sep 27, 2003
http://www.nwitimes.com/news/local/kouros-faces-more-charges-of-misconduct/article_fab8c8c3-d191-5906-9565-2373b98bd733.html
CROWN POINT -- A local judge already under suspension for sloppy paperwork and delays now faces misconduct charges filed by the Indiana Commission on Judicial Qualifications.

Lake Criminal Court Judge Joan Kouros' hopes for a return to the bench in the near future were dashed Friday as she was preparing to ask for reinstatement to active duty.

The state agency with the responsibility for policing judicial officials filed charges against her Friday afternoon alleging her poor performance created a backlog delaying the transfer of Lake County Jail inmates to state prison and the release of jailed people and their bond money.

The high court suspended her June 27 for such violations and appointed Senior Judge Raymond D. Kickbush to manage her court.

Her attorney, Kevin P. McGoff of Indianapolis, said Friday morning he planned to petition the high court next week to reinstate her because she has spent the last three months undergoing case management training to sharpen her administrative skills.

Her attorneys, McGoff and Stanley Jablonski of Merrillville, have 20 days to respond to the complaint now against her. Neither the judge, McGoff nor Jablonski could be reached Friday for comment after the charges were filed.

Meg W. Babcock, counsel for the Judicial Qualifications Commission, said Friday the Supreme Court will appoint a panel of three judges to preside over an evidentiary hearing and report their findings to the Supreme Court.

Kouros was appointed to the bench in 1997 and retained by voters three years ago, despite calls from a number of lawyers in the Lake County Bar Association for her removal because of her inability to finish a case.

Bar President Stephen Place said Friday his association doesn't currently have a position on whether Kouros should remain suspended.

The Supreme Court investigated her court in January 2001 and found a backlog of hundreds of case files piled up in her judicial chambers awaiting her signature on decisions she made months earlier.

The consequences of the backlog were detailed Friday in a 26-page document charging her with conduct prejudicial to the administrative of justice, willful misconduct in office and the violation of judicial canons.

It recounts the case of Vernon Dallas, whom Kouros sentenced to six years in prison on Sept. 9, 1999. However, he wasn't moved to prison until her sentencing order arrived three months later.

Dallas sued Kouros in 2000 for depriving him of educational opportunities in the state prison system that weren't available in the county jail. A federal judge later dismissed the suit.

Jail officials listed 39 inmates in 2001 who couldn't be moved from the county lockup here to a state prison because of Kouros' tardiness. The new charge alleges that resulted in overcrowding and misbehavior by some of those inmates that led to injuries.

It also alleges Kouros promised the Supreme Court in 2001 she had a new system of processing paperwork to end delays, but she didn't start using the system until February of this year

In another case Kouros allegedly ordered a defendant -- charged as a habitual offender -- to be held without bond, but didn't issue her decision in writing, so the defendant was mistakenly released on bond, the document said.

The high court ordered her to amend her ways, but by last June, the justices concluded she had refused help from others until faced with an ultimatum threatening her judicial career and afterwards still failed to return completed files to the clerk's office as required by court rules.

County documents indicate Kouros attended a seminar last month in Maine on case management and has visited other courts around the state to examine their administrative procedures at a public cost of more than $1,500.

Kouros still received her salary and benefits during the suspension, including reimbursement for judicial training.

09272003 - News Article - Removed Judge Kouros hit with 78 disciplinary charges

Also See:

09242017 - News Article Links - Disparity of justice: Comparison of Magistrate James Johnson's and Judge Joan Kouros' judicial investigations - Backlog of court cases

Removed Judge Kouros hit with 78 disciplinary charges
Post-Tribune
September 27, 2003
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/0FF5C3BEEB364915?p=AWNB
Any chance that Lake Superior Court Criminal Division Judge Joan Kouros could return to the bench sometime soon appears to have been doused.

On Friday, the Indiana Commission on Judicial Qualifications filed 78 separate disciplinary charges against Kouros, who was forced to step down from her Room 3 bench on July 1 by order of the Indiana Supreme Court.

The disciplinary charges come just six days before Kouros could have started the process to petition the state Supreme Court to be placed back on the bench.

The charges cited by both the disciplinary commission and state Supreme Court are a result of Kouros' failure to process important paperwork with the hundreds of cases she handled out of her courtroom prior to her removal.

In addition, both the Supreme Court and the disciplinary commission cite the same cases to charge Kouros with the disciplinary counts.

According to a statement from Meg W. Babcock of the qualifications commission, there are several cases that include delays of over a year between sentencing and the processing of sentencing orders.

The charges note one case in particular, that of Vernon Dallas, who filed a lawsuit against Kouros in 2001 because her inaction prevented his transfer from the Lake County Jail to the state Department of Corrections.

The commission's charges made reference to the impact on the Lake County Jail of having inmates kept there but who could have been moved to state prison facilities had Kouros processed sentencing orders in a timely fashion.

The commission states that it cautioned Kouros in early 2002 about the delays but the problem continued. Another charge of misconduct, according to the commission's report, involved Kouros suspending the sentence of a defendant, but failing to issue an order for his release. That forced another judge to step in and release the man from jail.

The commission also alleges that Kouros falsely certified to the Supreme Court last March that she was in compliance with its standards, including her implementation of a transcription system in February 2001.

But the Supreme Court learned that Kouros did not implement the new system until last February.

Kouros has 20 days to answer the charges. Then, the Supreme Court will appoint a panel of three judges to preside over an evidentiary hearing and report their findings to the high court.

The Supreme Court in January issued an order requiring Kouros to process her cases under a specific time schedule, which the judge failed to do.

The rare ultimatum by the Supreme Court was the result of its apparent loss of patience with Kouros' inability to correct a serious backlog of cases in her courtroom dating back to January 2001.

The court stated that Kouros could petition for reinstatement after 90 days. That 90-day period is up in six days. Kouros' attorneys, including Lowell attorney Stanley Jablonski, could not be reached for comment Friday.

By May, the Supreme Court Division of State Court Administration petitioned Kouros to show why a judge pro tem should not be appointed to perform duties in her courtroom.

In early June, Kouros responded to the Supreme Court by submitting a lengthy court brief where she cited a number of reasons why she had been unable to deal with the backlog issue, but emphasized that her pursuit of "perfection" was part of it.

The Supreme Court was unmoved by the petition, ordering Kouros' removal. Her last day hearing cases was June 30. Retired Porter County judge Raymond Kickbush has been serving as judge pro tem.