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Judge responds to allegations
Judge faces 78 counts of misconduct
Indiana Lawyer (Indianapolis, IN)
November 5, 2003
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/10E9BC8BCCDB2340?p=AWNB
Illness, not arrogance, is to blame for problems facing a Lake County judge suspended since June and facing 78 counts of judicial misconduct, her attorneys claim. Judge Joan Kouros, of Lake Superior Court Criminal Division 3, suffers from multiple sclerosis and obsessive compulsive disorder, which led to delays in issuing orders and returning files to the clerk's office, according to a response filed by her attorneys Oct. 20 with the Indiana Commission on Judicial Qualifications.
The commission filed a 78-count complaint against Kouros in September. The bulk of the allegations against her involve failure to timely file important paperwork, usually sentencing orders. Kouros, 43, is also accused of telling the Indiana Supreme Court in February 2001 that a transcription system had been installed in her court to prevent further delays, when in fact, the system was not installed until February 2003.
In the response, Kouros claims the delay in the installation was a result of a wiring problem, and that she signed off on the report to the Supreme Court with three other judges.
"Judge Kouros was unaware of the problem with the electric wiring and made the representation in honest belief that the installation would be simply a routine procedure," the response states.
The Indiana Commission on Judicial Qualifications had cautioned Kouros as early as 1992 about delays in her court, but they continued, according to Meg Babcock, counsel to the commission.
The Division of State Court Administration levied similar allegations against the judge.
The Supreme Court issued an order Jan. 17 requiring Kouros to process cases under specific time schedules set out by the court, but she failed to heed those schedules in several instances, Babcock said.
The Supreme Court suspended Kouros with pay June 27, and retired Porter Superior Court Judge Raymond Kickbush was appointed judge pro tempore.
Kouros petitioned for reinstatement Sept. 29, saying she had sought advice from other judges and attended conferences to learn how to administer her court in an organized fashion.
But the Commission on Judicial Qualifications had already levied its disciplinary charges three days earlier - a separate proceeding resulting from the commission's own investigation into many of the same complaints examined by the Division of State Court Administration. The 78-count complaint gave Kouros 20 days to respond.
In her 16-page response, Kouros offers explanations for many of the allegations - often blaming delays on the clerk's office, criminal magistrates, and the probation department. She admitted 34 of the charges but said they were the result of health problems.
"Judge Kouros sincerely represents that her non-compliance is not because of what may appear to be arrogance or callous disregard," states the response, filed by her attorneys - Stanley W. Jablonski, of Merrillville, and Kevin P. McGoff, of Indianapolis. "Through a long period of introspection, self-examination, and reflection, Judge Kouros has decided to make public and aggressively pursue the only viable remedy that will forever address and resolve the issues raised in the Complaint."
Multiple sclerosis "caused her to ruminate over orders to make sure they were perfect," the response states.
According to reports, Kouros has been undergoing treatments for the disease for several years, and it is under control. Jablonski declined to comment on the illness or the case.
"We're still in litigation, and I'm not going to talk about it until it's resolved," he said.
In going over orders to make sure the disease did not cause her to make a mistake, the response claims Kouros developed a mental illness.
"In the pursuit of perfection, Judge Kouros began suffering from Obsessive Compulsive Disorder, which caused her to work extreme hours in an effort to check and re-check orders she had issued," the document states.
Her doctors are "conferring on a course of pharmaceutical therapy" to address the disorder, the response states, adding that Kouros' prognosis is "excellent."
"This is a judge that deserves an opportunity to address her medical condition and resume the bench," the response concludes.
The Supreme Court will appoint a panel of three judges to preside over the case, said Babcock. The panel will issue a discovery schedule, preside over a hearing, and make a recommendation to the Supreme Court, she said.
"While it is not bound by that recommendation, the court gives it great deference," Babcock said.
The justices then determine if misconduct is proven and what sanctions should be imposed.
Sanctions could include anything from a private or public reprimand to suspension without pay, fines, or removal from the bench and disbarment, Babcock said.
