12172004 - News Article - EDITORIALS - State Supreme Court to Joan Kouros: Pay up

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EDITORIALS - State Supreme Court to Joan Kouros: Pay up
NWI Times
Dec 17, 2004
http://www.nwitimes.com/news/opinion/editorial/state-supreme-court-to-joan-kouros-pay-up/article_1a9bf599-d14c-5ff8-b7a5-897f5d655ac7.html
The issue: Judicial fairness

Our opinion: The justices did her a favor that allows the soon-to-be deposed Lake County judge to collect her pension. It is time for her to repay the favor

It is payback time for soon-to-be deposed Lake Criminal Court Judge Joan Kouros. The Indiana Supreme Court has ordered Kouros to pay for the cost of the proceedings that removed her from her bench in the Lake County Government Center.

The $11,438.82 tab breaks down this way: $7,770 for three special masters' fees; $1,880 in court reporter fees' and $1,788.82 for investigation and litigation expenses.

The court ordered her removal Oct. 12, after nearly four years of investigating how she ran her courtroom. Lawyers complained they were not getting their fees in a timely manner. Jail inmate transfers were not done because Kouros was slow in completing routine paperwork. There was a backlog of hundreds of cases awaiting her signature on decisions made months earlier. The justices removed her because she failed to manage her caseload or provide them with the information needed to monitor her performance.

The justices did her a favor by keeping her on paid suspension until Feb. 25, when her removal is official. That way, she remains eligible for the minimum judicial pension benefits.

It is only justice that she repay the favor -- all $11,438.82 of it.

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12152004 - News Article - Kouros to pay for removal proceedings - Bill comes to more than $11,000

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Kouros to pay for removal proceedings
Bill comes to more than $11,000
NWI Times
Dec 15, 2004
http://www.nwitimes.com/news/local/kouros-to-pay-for-removal-proceedings/article_2d5a8939-3153-52fb-a1d2-249257a8dbdf.html
First she gets kicked off the bench; now she has to pay for it.

The Indiana Supreme Court ordered Lake Criminal Court Judge Joan Kouros to repay the cost of the proceedings to remove her from Courtroom 3.

The tab comes to $11,438.82, according to the Indiana Clerk of Courts' online docket.

The state's highest court made the unanimous decision to remove Kouros permanently Oct. 12. She had been put on paid suspension July 22.

In the October order, the Supreme Court determined Kouros would remain on paid suspension until Feb. 25, at which time her permanent removal would go into effect. That decision allowed Kouros to remain eligible for the minimum judicial pension benefits.

It took almost four years of investigating Kouros and how she ran her courtroom for the Supreme Court to remove her.

The October ruling stated, "The cost of the proceedings are assessed against respondent."

Last week, the costs were broken down as follows: $7,770 for three special masters' fees; $1,880 in court reporter fees; and $1,788.82 for investigation and litigation expenses.

The justices removed Kouros because she failed to manage her caseload or even "provide accurate information that would allow us to monitor her performance with confidence to ensure that justice is being administered fairly and promptly in her court."

Problems in her courtroom started four years ago when lawyers began complaining they were not getting their fees in a timely manner. In addition, jail inmate transfers were not done because Kouros was slow in completing routine paperwork. The Indiana Commission on Judicial Qualification reviewed her court and found a backlog of hundreds of cases awaiting her signature on decisions made months earlier.

Kouros was appointed to the bench in 1997 by then-Gov. Evan Bayh, now a Democratic U.S. senator.

On July 27, the Supreme Court appointed Senior Judge Thomas Webber Sr. as judge pro tem in Courtroom 3.

Lawyers interested in applying for Kouros' seat have until Jan. 29.

The applications are available at all offices of the clerk of the Lake Superior Court and must be returned to the office of Ronald Layer, secretary of the Judicial Nominating Commission, 5832 Hohman Ave., Hammond.

Indiana Supreme Court Justice Robert D. Rucker will preside over the selection process. Interviews will be Feb. 11.

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10152004 - News Article - Supreme Court wrong to delay Kouros ouster

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Supreme Court wrong to delay Kouros ouster
Post-Tribune (IN)
October 15, 2004
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/105D9631A77F946C?p=AWNB
The Indiana Supreme Court this week did what it should have done long ago -- order Lake Superior Court Judge Joan Kouros removed from the bench.

Just as the high court hasn't handled the case well from the start, it was less than judicious in ordering its final resolution.

Since her appointment in January 1997, Kouros has spent part of her tenure on paid suspension -- the last of which started in June -- while her performance was being evaluated.

Despite the high court's scathing critique of her performance, Kouros will remain on paid suspension until February.

Delaying the removal allows Kouros to become eligible for judicial pension benefits when she reaches retirement age.

That is simply wrong. Kouros, who should have been removed from the bench four years ago, when her inability to run a court was first identified, will continue to be paid for another four months and then be eligible for retirement benefits.

The Supreme Court, by its own statements, is rewarding poor performance at the expense of the taxpayers.

The court said this week that Kouros "has proved either unable or unwilling to issue timely and documented decisions in the cases assigned to her, causing real-life consequences for those whose matters are in her hands."

That's hardly a ringing endorsement for staying on the public payroll.

Perhaps the biggest problem with the handling of the Kouros case isn't so much the money.

Most troublesome is that the state's highest court is telling the residents of Indiana that there is a double standard when it comes to fairness -- one for the members of the judiciary and another for everyone else.

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10132004 - News Article - Supreme Court boots Kouros for good - Unanimous decision remove Lake County Judge Joan Kouros as of Feb. 25

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Supreme Court boots Kouros for good
Unanimous decision remove Lake County Judge Joan Kouros as of Feb. 25
NWI Times
Oct 13, 2004
http://www.nwitimes.com/news/local/supreme-court-boots-kouros-for-good/article_bfef7476-44b6-511f-8861-bcd65f7f4d49.html
It's final. Joan Kouros no longer is a judge, but she can still practice law.

The Indiana Supreme Court ended a five-year saga Tuesday by issuing a unanimous 18-page decision ordering Kouros' permanent removal from the Lake Criminal Court bench effective Feb. 25.

Kouros' July 22 suspension with pay continues until the February date, so she'll be eligible for the minimum judicial pension benefits, the state's highest court ruled.

"We conclude that this is appropriate given the Respondent's (Kouros') years of service and the fact that her misconduct reflects, essentially, an inability to carry out the duties of her office rather than moral culpability," the justices wrote.

The court refused to suspend Kouros' law license, even though it has the right to under Indiana law.

However, the Supreme Court also ordered Kouros to pay the costs of the proceedings. That includes any reimbursement paid to the three master judges who heard testimony in April that Kouros had not kept her word to effectively run Lake County Criminal Courtroom 3, said an attorney in the Supreme Court administration office. Other costs involved would include the transcript of that hearing, copying and investigation expenses.

T. Edward Page, president of the Lake County Bar Association, said: "More than anything else, I feel sad for her and for the profession. She tried hard to do her very best and credit for that should never be taken from her."

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10132004 - News Article - EDITORIALS - Justices seize the gavel - The issue: Joan Kouros

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EDITORIALS - Justices seize the gavel
The issue: Joan Kouros
NWI Times
Oct 13, 2004
http://www.nwitimes.com/news/opinion/editorial/justices-seize-the-gavel/article_4cf92821-17b9-5046-96d0-bbe15ac40049.html
Our opinion: Despite this proper discipline by the Indiana Supreme Court, the taxpayers still have to support her.

The Indiana Supreme Court on Tuesday finally decided to remove Lake Superior Court Judge Joan Kouros from the bench, ending two years of efforts to help her manage her caseloads and two suspensions for not doing so.

Unfortunately, for the taxpayers of Lake County, her removal does not free them from the obligation of paying her salary or future pension. The justices decided she will not have to relinquish her position until Feb. 25, thus ensuring she will not lose her pension benefits when she reaches retirement age. In addition, the justices said her current suspension with pay, since August, will remain in effect until Feb. 25. County Judges make about $98,000 a year.

Faced with mounting evidence of her inability to handle her judicial duties, the justices had no choice but to take this unprecedented step. In their ruling, they said Kouros failed to manage her caseload or even "provide accurate information that would allow us to monitor her performance with confidence to ensure that justice is being administered fairly and promptly in her court."

They were repeating what other investigations into Kouros' handling of her courtroom have found. The Indiana Commission on Judicial Qualifications cited nearly four years of "futile second chances" for Kouros.

Problems in her courtroom started four years ago when lawyers began complaining they were not getting their fees in a timely manner. In addition, jail inmate transfers were not done because Kouros was slow in completing the routine -- but necessary -- paperwork. The commission reviewed her court and found a backlog of hundreds of cases awaiting her signature on decisions made months earlier.

Kouros, appointed to the bench in 1997 by then-Gov. Evan Bayh, now a U.S. senator, has explained that after she was diagnosed with multiple sclerosis, an obsessive-compulsive disorder became more pronounced, hampering her work. She has sought help for her ailments, which is commendable.

But the issue is the timely and fair dispensation of justice in the court system here.

What is not fair is that, despite this proper discipline by the Indiana Supreme Court, the taxpayers still have to support her.

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10132004 - News Article - To err is human, not to judge is divine

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To err is human, not to judge is divine
NWI Times
Oct 13, 2004
http://www.nwitimes.com/news/opinion/columnists/mark-kiesling/to-err-is-human-not-to-judge-is-divine/article_fdcf8cf1-5eeb-534c-a2b5-0ae23263080d.html
In the Marx Brothers' film "Animal Crackers," Groucho as Captain Spaulding is discussing the payment to musicians led by Signor Emanual Ravelli, played by Chico.

"What do you fellows get an hour?" inquires Groucho, to which Chico replies, "Oh, for playing we getta 10 dollars an hour."

"And what do you get for not playing?" Groucho continues. "Twelve dollars an hour," Chico says, then goes on to explain they get $15 an hour for rehearsing.

And for not rehearsing?

"You couldn't afford it," Chico says.

How much does Lake Criminal Court Judge Joan Kouros get for not judging?

According to Meg Babcock, chief counsel for the Indiana Supreme Court's Commission on Judicial Qualifications, Kouros has spent from June 27, 2003, to Jan. 1 and from Aug. 2 to the present on paid suspension.

That's nine months, or 10 percent of the time she has been in office since being sworn in as a judge in March 1997.

For this, she is making about $98,000 a year. Indiana judges routinely complain about being underpaid compared to counterparts in neighboring states, but it's tough to gripe when you don't actually have to work.

Tuesday came word the 45-year-old judge will "retire" Feb. 25, which will allow her to just become vested in the judicial pension plan, which was the rumor all along. Next stop? Look for a job somewhere in the county's legal system so she can keep her insurance. They take care of their own.

This would put her at having served 15 percent of her career on paid suspension.

The irony is that Kouros was probably the hardest-working judge in the county's criminal division, often staying late and working weekends to make sure all the i's were dotted and t's crossed.

And it was Kouros who angered her fellow judges and their employees when she went public with what everyone who works in the courthouse knows: That there are a lot of times when judges are done by or before noon and they go home or out to hit 18 holes.

A lot of Kouros' hard work was brought on by her own perfectionism, which was the eventual cause of her downfall.

The state's high court has twice suspended Kouros for being unable to manage the day-to-day affairs of court, particularly in respect to getting paperwork completed in a timely manner. Noting this has cost inmates days of freedom and has opened the county to potential legal action, the Supreme Court in essence told her to clean up the mess and keep it cleaned up.

This she promised to do, but fudged when it came time to keep the promise. Files cleaned up during the 2003 caretakership of retired Porter Circuit Judge Raymond Kickbush once again began to litter the courtroom and her chambers.

But despite the infractions and suspensions, the supremes kept her on to preserve the pension she will be allowed to draw at 62.

It could only happen to someone from East Chicago.

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10132004 - News Article - Kouros ouster from bench final - Ex-judge on payroll until February; eligible for pension

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Kouros ouster from bench final 
Ex-judge on payroll until February; eligible for pension
Post-Tribune (IN)
October 13, 2004
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/105BADBD13E403CF?p=AWNB
State justices said of Kouros: "This misconduct was not isolated but included a persistent failure to perform judicial duties of a substantial period."

More than three years of reviews and second chances are over for Lake Superior Court Judge Joan Kouros.

The Indiana Supreme Court, in a decision Tuesday, ordered Kouros be removed from office.

Kouros "has proved either unable or unwilling to issue timely and documented decisions in the cases assigned to her, causing real-life consequences for those whose matters are in her hands," the court's decision said.

It said defendants had waited in limbo for months -- once, 27 months -- for Kouros to enter decisions after pronouncing sentences. One defendant filed a federal lawsuit after a 15-month delay.

Tuesday's decision had been anticipated.

"I think this is something that has been talked about in legal circles for some time," Lake Superior Court Judge Thomas P. Stefaniak Jr. said. "The lawyers here and other judges were just waiting for a decision."

Stefaniak is senior judge in Lake Superior Court's criminal division, where Kouros was one of four judges.

He said Thomas W. Webber Jr., a retired Porter Superior Court judge, will continue filling in for Kouros.

"I wish her all the best," Stefaniak said of Kouros. "I always found her to make good moral and legal decisions."

T. Edward Page, president of the Lake County Bar Association, said he was "sad for the judge and sad for the profession."

"She tried hard to do her very best," Page said of Kouros, "and credit for that should never be taken from her."

Neither of Kouros' attorneys responded to telephone requests for comment.

However, Kouros' $90,000 yearly judicial pay doesn't stop with Tuesday's decision.

The Supreme Court said Kouros -- who has been suspended with pay since June 22 -- will remain on suspension until Feb. 25, 2005, when her removal will become effective.

The additional time will allow Kouros to become eligible for minimum judicial pension benefits, provided at retirement age to judges who have served at least eight years.

It also means the replacement process for picking her successor won't start until she is officially out of office.

Kouros was appointed by former Gov. Evan Bayh, a Democrat. The winner of the Nov. 2 governor's election will appoint her successor, from a list of nominees to be prepared by the Lake County Judicial Nominating Commission.

Kouros, a judge since January 1997, had been under the Indiana Supreme Court's review since early 2001.

The court -- the arbiter of discipline for the state's lawyers and judges -- learned then that 330 case files had piled up in Kouros' office.

It ordered state court administrators to monitor Kouros' court. Later, the administrators found her desk covered with court files and sticky notes.

On Jan. 17, 2003, the court found that Kouros had not installed the transcription system she had promised two years earlier. It set deadlines for her to enter decisions.

Six months later, the court ruled that Kouros still had failed to do her duties promptly. It suspended her and appointed Ray Kickbush, a retired Porter Circuit Court judge, to serve as temporary judge.

Kouros asked for another chance, and the court allowed her back on the bench in December 2003.

But in the meantime, the Commission on Judicial Qualifications filed a 78-count statement of charges against her.

The Supreme Court said Tuesday that Kouros' misconduct did not come from moral turpitude or a desire to enrich herself, and said she had expressed remorse.

It also said that Kouros' doctors had found that her multiple sclerosis, with which she had been diagnosed 20 years ago, did not prevent her from working as a judge, and that she was receiving therapy for obsessive-compulsive disorder.

But Kouros was not a novice, the court said.

"This misconduct was not isolated but included a persistent failure to perform judicial duties of a substantial period," the court said.

And, it added, "the misconduct affected not only the parties whose cases were heard in (Kouros') court but also others interested in the efficient operation of the criminal justice system."

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10122004 - News Article - Court orders Judge Kouros removed from bench

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Court orders Judge Kouros removed from bench
NWI Times
Oct 12, 2004
http://www.nwitimes.com/news/local/court-orders-judge-kouros-removed-from-bench/article_bc6b7cbe-0f12-52cd-a15a-b9dc3ab44027.html
INDIANAPOLIS (AP) -- The Indiana Supreme Court ordered Tuesday that a Lake Superior Court judge who was twice suspended for creating a backlog of cases be removed from office.

The high court said Judge Joan Kouros had failed to manage her caseload or even "provide accurate information that would allow us to monitor her performance with confidence to ensure that justice is being administered fairly and promptly in her court."

The justices ordered Kouros removed from office effective Feb. 25, and said a previously ordered suspension with pay would remain in effect until then. The postponed removal ensures that Kouros will not lose minimum pension benefits when she reaches retirement age.

Messages seeking comment were left Tuesday for attorneys representing Kouros.

The Indiana Commission on Judicial Qualifications had in July recommended Kouros' removal. Thomas Webber, a retired Porter County judge, was appointed by the high court to take Kouros' place in Lake County Criminal Court.

It was not immediately clear whether Webber would continue in that position.

Kouros was appointed to the bench in 1997 and retained by voters in 2000 in the face of calls by a number of Lake County lawyers that she be removed.

In 2002, the Division of State Court Administration reported finding more than 200 files for cases in which hearings or trials had occurred, but for which Kouros had made no corresponding written orders, the Supreme Court said in its decision.

"DSCA also observed that the surfaces of desks were covered with files, many of which were themselves covered with 'post-it' notes documenting the court's decisions," the decision said.

Kouros told the judicial commission this year that after she was diagnosed with multiple sclerosis in 1984, an obsessive compulsive disorder became more pronounced, hampering her work.

Kouros described herself as a perfectionist, with a low rate of cases overturned on appeal.

Doctors had said that Kouros' health issues do not negatively impact or interfere with her ability to function as a judge, the court said in its decision.

The court added that Kouros had expressed remorse and apologized for the backlog.

The justices said that Kouros' "misconduct reflects, essentially, an inability to carry out the duties of her office rather than moral culpability."

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09072004 - News Article - EDITORIALS - Turn suspension into judge's dismissal - The issue: Joan Kouros

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EDITORIALS - Turn suspension into judge's dismissal
The issue: Joan Kouros
NWI Times
Sep 7, 2004
http://www.nwitimes.com/news/opinion/editorial/turn-suspension-into-judge-s-dismissal/article_e7dd7236-681f-51b0-b3c7-0d71f8ff65c8.html
The issue: Joan Kouros

Our opinion: There should be no more 'second chances' for this Lake Criminal Court judge

The Indiana Supreme Court has all the ammunition it needs to remove Lake Criminal Court Judge Joan Kouros from the bench.

In a scathing five-page brief to the high court, Meg Babcock, counsel for the Indiana Commission on Judicial Qualifications, cited nearly four years of "futile second chances" for the judge.

It is time to say, "No more second chances."

Kouros has not been hearing cases since July 22, when the court suspended her with pay until it makes a final disposition of the matter.

Last week, the judicial commission urged her permanent removal, saying having Kouros remain a judge would erode public confidence in the judicial system. The Supreme Court must agree.

Kouros, appointed to the bench in 1997 by then-Gov. Evan Bayh, now a U.S. senator, has responded to the complaint by explaining her court backlog was caused by her obsessive-compulsive disorder. That prevented her from performing routine judicial tasks without excessive deliberation, she said.

Problems in her courtroom began four years ago when lawyers began complaining they were not getting their fees in a timely manner. In addition, jail inmate transfers were not done because Kouros was slow in completing the routine -- but necessary -- paperwork. The commission reviewed her court and found a backlog of hundreds of cases awaiting her signature on decisions made months earlier.

The judicial system tried to help her, with the Supreme Court asking Kouros' fellow judges to help her improve. She initially refused, according to the judges. The court had no choice but to issue warnings and detailed instructions on how to manage her paperwork. She also was suspended for a time last year,

Senior Judge Thomas Webber Sr. has been running the court in her absence.

The Indiana Supreme Court has more than enough ammunition to make that absence permanent.

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09032004 - News Article - Commission says remove Kouros -- again - Judicial commission answers Kouros' reply to the Supreme Court

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Commission says remove Kouros -- again
Judicial commission answers Kouros' reply to the Supreme Court
NWI Times
Sep 3, 2004
http://www.nwitimes.com/news/local/commission-says-remove-kouros----again/article_446f86ef-4b9b-5c56-bd8d-c6dc0eb571a9.html
Lake Criminal Court Judge Joan Kouros' offenses are more grievous than those of the judges cited in her brief to the Indiana Supreme Court and warrant her permanent removal from the bench, argued the Indiana Commission on Judicial Qualifications in a five-page brief filed Wednesday.

"The Commission respectfully submits it is time to recognize that Judge Kouros will not or cannot comply with the Supreme Court Order and her own sworn promises," wrote Meg Babcock, counsel for the Judicial Qualifications Commission.

"To allow her to continue in office after nearly four years of futile second chances would only erode further the public's confidence in the Lake Superior Court, in the Supreme Court and in its authority over the conduct of Indiana's judges."

The only thing left now is for the Indiana Supreme Court to decide whether to discipline Kouros for not keeping her commitment to clean up her courtroom and, if so, what form the discipline will take.

There is no timetable set forth for the state's highest court to make that decision.

The commission recommends Kouros' permanent removal.

Because the Judicial Commission made the request, the Supreme Court suspended Kouros July 22 with pay until it makes the final decision. Senior Judge Thomas Webber Sr. now runs Criminal Courtroom 3 in her absence.

A battle has been waged between Kouros and the Judicial Commission since lawyers in Kouros' court began complaining four years ago about not getting their fees in a timely manner, and jail inmate transfers were stalled because she was too slow in completing routine paperwork.

Kouros was appointed judge in 1997. The Supreme Court first asked Kouros' fellow judges to help her improve. They said she initially refused their help.

The commission reviewed her court and found a backlog of hundreds of cases awaiting her signature on decisions made months earlier. Her tardiness aggravated overcrowding in the county lockup by preventing inmates from being transferred to a state prison.

The high court issued warnings and detailed instructions two years ago on how to manage her paperwork. She failed to comply, and the high court suspended her for six months last year. Raymond Kickbush, a retired judge from Porter County, said he had to work hard to return her court to normalcy.

Kouros admitted in her October request to be returned to the bench that her obsessive-compulsive disorder prevents her from performing routine jobs without excessive deliberation.

When reinstated in January, Kouros promised to send signed orders to the court clerk within 48 hours and to have no more than 80 files checked out to her court at any given time.

In the Judicial Commission's reply filed Wednesday, it cites six judges who delayed a total of 43 cases.

In contrast, between her reinstatement and an April hearing before a panel of three master judges, Kouros showed delays in about 70 cases, the Commission stated.

"Judge Kouros blames her misconduct in 2004 on the fact she hired an inexperienced secretary after her reinstatement," the Commission's Babcock wrote in her reply. "She made this choice instead of hiring one of the seasoned 'floaters,' and now points to that decision as an excuse for her continued defiance of the Court's order."

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08252004 - News Article - Embattled judge files petition

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Embattled judge files petition
Indiana Lawyer (Indianapolis, IN)
August 25, 2004
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/10E9B8F991322538?p=AWNB
Lake Superior Court Judge Joan Kouros filed an Aug. 13 Petition for Review in answer to charges brought by the Indiana Commission on Judicial Qualifications regarding Kouros' job performance.

Kouros had a hearing April 22 before a three-judge masters' panel, which consisted of Marion Superior Judge Tanya Walton Pratt, Allen Superior Judge John Surbeck Jr., and Vanderburgh Circuit Judge Carl Heldt. The panel recommended that Kouros not be disbarred, but made no recommendation as to her discipline, removal, or retirement.

At the recommendation of the commission, Kouros was suspended pending disposition of the disciplinary proceeding by the Indiana Supreme Court.

Her Aug. 13 petition says the commission's characterization of her case is unfair. Judge Kouros had certified on March 4, 2003, that she was following the minimum standards of the court's Jan. 17 order regarding the flow of paperwork through her office, among other things.

The commission found that this certification was false.

In her petition, Kouros, asserts she "has been in substantial compliance" with the court's order.

"The fact that Judge Kouros has been in substantial compliance, rather than full compliance with the Court's Order, is not altogether her fault," the petition reads.

Kouros goes on to explain that she did not have adequate secretarial support for portions of the time during which the commission examined her office.

Her longtime secretary retired, but she was maintained on the payroll because she was owed vacation and could not be replaced until she was removed from the payroll, Kouros said.

When a new secretary started a month later, she was not experienced in the court system and needed to be brought up to speed with the system and the volume of work that goes through the court.

The petition also answers several objections the commission made to the masters' report, and agreed with the masters' findings that Kouros had not committed willful misconduct, and addressed several other objections the commission had made.

"Since her return, the judge had made an earnest effort to comply with the Order of the Indiana Supreme Court," the petition reads.

In a brief in support of the position, the judge's attorneys, Kevin McGoff and Stanley Jablonski, argued that Kouros should not be removed from the bench, citing case law from other jurisdictions with similar fact patterns in which judges have received less serious sanctions.

They reiterated the positive steps Kouros has taken, including attending conferences, visiting other judges, and increasing administrative efficiencies in her office, and again noted that Kouros had substantially complied with the court's order. From this point, the high court will make a determination as to what, if any, sanctions will be imposed against the judge.

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08182004 - News Article - Court must act quickly in removal of Kouros

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Court must act quickly in removal of Kouros
Post-Tribune (IN)
August 18, 2004
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/104B80C6AEB2F3F7?p=AWNB
It was disappointing to see that suspended Lake Superior Court Judge Joan Kouros is further attempting to delay her removal from the bench.

It now is pushing four years since Kouros' poor performance first was brought to public attention.

She currently is being paid, even though the Supreme Court last month suspended her from the bench. Retired Porter Superior Court Judge Thomas Webber Sr., who was named to temporarily run Kouros' court, also is being paid by Lake County taxpayers.

As bad as Kouros' performance has been, the way the Supreme Court has handled the matter hasn't been much better.

The high court in January 2001 ordered Kouros to clean up the case backlog. Rather than closely monitoring the situation, the Supreme Court waited two years before again telling Kouros to improve her operation.

She was suspended in June 2003 but reinstated, without explanation from the Supreme Court, five months later. It took another eight months before the Indiana Commission on Judicial Qualifications recommended that she again be removed.

On July 22, the Supreme Court suspended Kouros, pending its review of the case. Kouros now has appealed the commission's findings.

Sadly, Kouros blames a change in secretaries for not being in compliance with the Supreme Court's order that she eliminate her backlog and return case files to the county clerk's office. While a secretary can be key to any operation, it is wrong to blame the court's shortcomings on a change in secretaries.

We encourage the Supreme Court to quickly finalize its suspension and restore public trust to the operation of the court.

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08142004 - News Article - Judge asks Supreme Court for mercy - Removal is too harsh a punishment, Kouros' lawyers argue

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Judge asks Supreme Court for mercy
Removal is too harsh a punishment, Kouros' lawyers argue
NWI Times
Aug 14, 2004
http://www.nwitimes.com/news/local/judge-asks-supreme-court-for-mercy/article_4095d090-c485-56c0-b219-b8a81e06f19e.html
As expected, Judge Joan Kouros formally asked the Indiana Supreme Court on Friday to reject a July 14 recommendation for her removal by the Indiana Commission on Judicial Qualifications.

She wants -- in fact, she deserves -- to stay on the Lake County Criminal Court bench, Kouros' attorneys argue in the papers filed late Friday.

Because the Judicial Commission requested Kouros' permanent removal, the Supreme Court suspended Kouros with pay until it makes the final decision. Senior Judge Thomas Webber Sr. now runs Criminal Courtroom 3 in her absence.

In Kouros' brief, attorneys Kevin McGoff and Stanley Jablonski state: "Removal of a judge from office is one of the most severe sanctions and should be done 'cautiously and only when justice demands it.' "

The highest court should not remove Kouros because she has "substantially complied" with Supreme Court's orders on how to manage her criminal court, the brief states.

Furthermore, "she has acknowledged her acts, accepted responsibility for them and apologized on the record."

And, she's trying; that should count for something, her attorneys argue in the brief.

Besides, it's not her fault, they say.

In papers filed Friday, Kouros' attorneys maintain that when Kouros returned from her six-month suspension in January, she didn't have a regular secretary. It wasn't until Feb. 22 that Kouros found her current secretary, and it took time for her to be trained by secretaries from the floating secretarial pool.

"Although Judge Kouros has two bailiffs, three court reporters, all of whom work full time, they do not assist, except in a minimal way, in making entries and moving the files that come through the court," the petition states.

"In fact, if there are not trials and the call is finished, the bailiffs leave."

A battle has been waged between Kouros and the Judicial Commission since lawyers in Kouros' court began complaining four years ago about not getting their fees in a timely manner and jail inmate transfers were stalled because she was too slow in completing routine paperwork.

Kouros was appointed judge in 1997.

There is no timetable set forth for the state's highest court to make that decision.

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07282004 - News Article - Court names Kouros' replacement - Former Porter judge appointed to Lake Criminal Court for indefinite amount of time

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Court names Kouros' replacement
Former Porter judge appointed to Lake Criminal Court for indefinite amount of time
NWI Times
Jul 28, 2004
http://www.nwitimes.com/news/local/court-names-kouros-replacement/article_41c8cf30-34c7-56ef-bdb3-9bf36067d16b.html
The Indiana Supreme Court appointed Senior Judge Thomas Webber Sr. on Tuesday to fill the Lake Criminal Court seat vacated by Judge Joan Kouros.

Webber will take the bench Monday and will remain indefinitely, according to the appointment order signed by acting Chief Justice Brent Dickson.

The Supreme Court suspended Kouros on Thursday after the Indiana Commission on Judicial Qualifications filed a recommendation for her removal for not keeping up with paperwork in her court despite her promise to do so.

Kouros' suspension came six months after she returned to the bench following a six-month suspension for the same problem. The Supreme Court will determine at a later date whether to remove Kouros permanently.

Webber retired Dec. 1, 2002, from Porter Superior Court, where he served for 13 years.

He said he will meet Thursday and Friday with his new court staff and has been told to prepare to kick off a murder trial his first day on the bench.

"I guess they wanted someone who has trial experience," he said.

When he retired, Webber said he wanted to follow in the footsteps of former Porter Circuit Court Judge Raymond Kickbush and serve as a senior judge to assist and fill temporary vacancies.

It was Kickbush who filled in for Kouros during her first suspension from June 2003 until she returned to the bench in January. While in Criminal Courtroom 3, Kickbush cleaned up the backlog of cases caused by Kouros' inability to process her paperwork in a timely manner. During his tenure, prisoners were reportedly transferred from county lockup to state prison and bond money was released to lawyers expediently. Lawyers practicing in Kouros' court began complaining four years ago she was too slow in completing routine paperwork.

Kickbush testified in April before three master judges hearing evidence of Kouros' not keeping her word to the Supreme Court to send signed orders to the court clerk within 48 hours and to have no more than 80 files checked out to her court at any given time.

The commission offered reams of evidence to the masters that Kouros' court had fallen behind again. One of the masters asked Kickbush if he thought Kouros was capable of handling the volume of paperwork created in a Lake County criminal courtroom.

"I think people coming into court are entitled to justice and that involves prompt justice and anything short of that we're shortchanging not only the litigants, which are the important thing in criminal cases, but the lawyers and their families and everyone as well," Kickbush said in April.

"In short, my opinion is that I don't, bottom line, think that she can do the job. I just don't think that."

Kouros was appointed judge in 1997.

The Supreme Court first asked Kouros' fellow judges to help her improve. They said she initially refused their help.

The commission reviewed her court and found a backlog of hundreds of cases awaiting her signature on decisions made months earlier.

The high court issued warnings and detailed instructions two years ago on how to manage her paperwork. She failed to comply, and the high court suspended her for six months last year.

Kouros asked to be reinstated in October, saying she suffered from obsessive-compulsive disorder. The disorder caused Kouros to go over every order more times than necessary to check for mistakes. She said she was being treated for the disorder, spent her suspension time studying how to run the court more efficiently and was ready to take the bench.

The high court again issued guidelines to which Kouros agreed to follow. The Judicial Commission contended in April that Kouros' court was again in disarray and she should be removed from the bench. In response, the Supreme Court suspended Kouros with pay and will determine later whether to permanently remove her.

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07282004 - News Article - High court suspends judge with pay

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High court suspends judge with pay
Indiana Lawyer (Indianapolis, IN)
July 28, 2004
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/10E9B885771DDD00?p=AWNB
The Indiana Supreme Court has issued an order suspending Lake Superior Court Judge Joan Kouros from the bench pending a final decision in her judicial misconduct case currently before the court.

The order was given in response to a recommendation for removal by the Indiana Commission on Judicial Qualifications. The recommendation was part of the commission's response to a masters' report that was issued June 14 following an April 22 hearing before a three-judge master's panel.

The panel, which consisted of Marion Superior Judge Tanya Walton Pratt, Allen Superior Judge John Surbeck Jr., and Vanderburgh Circuit Judge Carl Heldt, recommended that Kouros not be disbarred, but made no recommendation as to her discipline, removal, or retirement.

In response to the masters' report, the judicial qualifications commission made a series of objections to the masters' report, and recommended that Kouros be suspended with pay while the disposition of the disciplinary position is pending.

Kouros was previously suspended from the bench for about six months at the end of 2003. The commission's objections to the masters' report have to do with the fact that the report is silent on certain findings of fact and conclusions that the commission felt should be brought to bear in deciding the case.

Chief Justice Randall Shepard, who sits on the commission, did not participate in the recommendation.

Specifically, the commission noted that Kouros had a significant number more files checked out to her court on certain dates than the 80 files to which she had been limited by the high court. In addition, she on a number of occasions did not return orders on sentencings or arrest warrants to the clerk's office within 48 hours after reaching a decision. Again, the commission alleges this is a violation of the court's order.

"The Commission objects that the Masters did not also conclude that, by retaining more than 80 files and delaying the processing of the orders described previously, Judge Kouros violated Canons 1 and 2 and committed willful misconduct in office for her failure to comply with the Court's Order and with her sworn commitment to maintain compliance," the commission wrote.

In a memorandum supporting the commission's recommendation for removal, commission attorneys Meg Babcock and Thomas Carusillo note, "Since 2001, Judge Kouros has demonstrated her continued inability or unwillingness to perform the necessary functions of her office. She has failed to comply with the Court's Order of January 2003, and to fulfill the promises she made to the Court."

According to the high court's order, which was signed by Chief Justice Shepard, the admission and discipline rule states that a judicial officer must be suspended with pay while a commission recommendation for retirement or removal of that officer is pending before the Supreme Court.

"Because the Commission has made a recommendation for removal, we therefore order that Joan Kouros is suspended from the office of Judge of the Lake Superior Court, Criminal Division 3, with pay," Chief Justice Shepard writes.

The suspension was effective July 22, and will continue in effect until further order of the court. The court will appoint a judge pro tempore to the court at a later date.

Kevin McGoff, counsel to Judge Kouros, said Kouros remained on the bench until the order came from the court.

He said Kouros still plans to file an answer to the masters' report, and has until mid-August to do that.

McGoff said he has not yet formulated the answer, and so could not provide specific arguments on Kouros' behalf. However, he did say the judge will seek to be reinstated to the bench.

A decision is expected from the court by late August or early September.

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07282004 - News Article - Webber replaces ousted judge - Longtime Porter County judge appointed to replace Kouros in Lake County

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Webber replaces ousted judge 
Longtime Porter County judge appointed to replace Kouros in Lake County
Post-Tribune (IN)
July 28, 2004
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/104279A9E7F58A20?p=AWNB
Thomas W. Webber Sr., a senior Porter Superior Court judge working part-time, was appointed Tuesday as judge pro tempore for Lake Superior Court Judge Joan Kouros.

Webber, who went on senior status in 2002, is a retired Portage police captain who earned a law degree from Valparaiso University. A Porter County judge for 13 years, Webber was appointed to complete the term of the late Judge Bruce Douglas.

His pro tem appointment in Lake County is effective Monday and remains in effect until further order of the Supreme Court, according to Dave Remondini, counsel to Chief Justice Randall T. Shepard.

For the remainder of this week, Lake County Magistrate Kathleen Sullivan said she will serve as judge pro tem in Kouros' courtroom.

Kouros, 46, was removed from the bench Thursday by the Indiana Supreme Court, with pay.

The Indiana Commission on Judicial Qualifications filed a brief July 14 recommending her removal. The panel indicated her removal "is necessary to protect the integrity of the judicial system and to ensure the fair and timely administration of justice in her court."

Kouros' attorneys have 30 days to file a response to the judicial qualification commission's recommendation that she be removed, and the state may respond.

Kouros, who was appointed by then-Gov. Evan Bayh in January 1997, is accused of violating a January 2003 state Supreme Court order intended to end the chronic backlog of cases in her courtroom, where criminal cases are heard.

During a daylong hearing in April before a panel of judicial masters, fellow judges testified that the backlog in Kouros' court prevented the timely release of inmates from the Lake County Jail. Some cases dated back to 2001.

Judge Raymond Kickbush, who filled in for Kouros during her first suspension from the bench, testified he found a letter to the court from accused serial killer Eugene Britt of Gary in a box with old magazines and papers beneath the office fax machine. Kickbush, a retired Porter Circuit Court judge, told the judicial masters panel he thought the job was too big for Kouros.

Webber could not be reached for comment Tuesday.

Kouros, a former Lake County deputy prosecutor who replaced Judge Richard Conroy after his retirement, said a combination of her battle with multiple sclerosis and an obsessive-compulsive disorder compelled her to repeatedly check her findings before issuing rulings. During her earlier suspension, she sought treatment for the obsessive-compulsive disorder and advice from various judges on courtroom management.

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07232004 - News Article - Kouros loses gavel again as justices ponder fate - Panel recommended permanent removal; judge will collect pay while sidelined

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Kouros loses gavel again as justices ponder fate
Panel recommended permanent removal; judge will collect pay while sidelined
NWI Times
Jul 23, 2004
http://www.nwitimes.com/news/state-and-regional/kouros-loses-gavel-again-as-justices-ponder-fate/article_0f43460d-69fe-56a8-a389-dc96db7fdbc3.html
Lake Criminal Court Judge Joan Kouros is off the bench -- again.

The 15-month saga involving the controversial jurist took another turn Thursday when she was suspended with pay by the Indiana Supreme Court.

Kouros was on the bench Thursday, but will not return for court today.

The suspension stems from charges Kouros was slow in filing court documents and had too many files out at one time, creating a backlog of prisoners at the county jail. It comes six months after she was returned to the bench following a six-month suspension.

When reinstated in January, she promised to send signed orders to the court clerk within 48 hours and to have no more than 80 files checked out to her court at any given time.

The suspension comes one week and a day after the Indiana Commission on Judicial Qualifications filed a response recommending her permanent removal from the bench. Once the commission recommends removal for a judge, that judge automatically is suspended with pay.

Lake County Senior Criminal Court Judge Thomas P. Stefaniak Jr. was on vacation and fellow Judge Clarence Murray spoke for his peers.

"All the judges regret it has come to this but won't question the wisdom of the Supreme Court -- it's not our place; when they speak, we answer," Murray said. "As to the future, it's in their hands. We'll carry on."

All Kouros can do now is get her response to the Judicial Qualifications recommendation to the Supreme Court by Aug. 13. Even after her response is filed, Kouros will remain suspended with pay until the Supreme Court decides whether to take her off the bench permanently or reinstate her.

Kouros' lawyer, Kevin McGoff, said he and Stanley Jablonski are working with Kouros to file her response within the 30 days after the commission's recommendation.

"The order (for suspension) comes as no particular surprise because that's how the rule operates," McGoff said. "We are prepared to file our response in a timely manner and to go forward from there."

The commission recommendation was in response to the Masters' Report on Kouros filed June 14 in which a three-judge panel declined to make a recommendation to the Supreme Court despite finding Kouros hadn't complied with agreed-on requirements on how to run her courtroom.

During the April hearing before the three-judge panel, the commission showed Kouros had more than 137 files checked out on select dates and it took weeks for some orders to be implemented.

Kouros was appointed judge in 1997. Lawyers practicing in her court began complaining four years ago she was slow in completing routine paperwork.

The Supreme Court first asked Kouros' fellow judges to help her improve. They said she initially refused their help.

The commission reviewed her court and found a backlog of hundreds of cases awaiting her signature on decisions made months earlier. Her tardiness aggravated overcrowding in the county lockup by preventing inmates from being transferred to a state prison.

The high court issued warnings and detailed instructions two years ago on how to manage her paperwork. She failed to comply, and the high court suspended her for six months last year. Raymond Kickbush, a retired judge from Porter County, said he had to work hard to return her court to normalcy.

Kouros admitted in her October request to be returned to the bench that her obsessive-compulsive disorder prevents her from performing routine jobs without excessive deliberation.

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07232004 - News Article - Kouros removed from bench - State Supreme Court seals fate of Lake County judge with unanimous ruling

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Kouros removed from bench 
State Supreme Court seals fate of Lake County judge with unanimous ruling
Post-Tribune (IN)
July 23, 2004
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/1044530632C8BF7A?p=AWNB
The state Supreme Court officially suspended Lake County Judge Joan Kouros pending their review of her case.

Kouros' fate had been sealed by an administrative rule that required her suspension, with pay, once the Indiana Judicial Nomination Commission filed its brief last week, recommending she be removed from the bench.

Without a successful appeal through the same legal system that removed her, Kouros' judicial career essentially has ended.

Her court had remained open until the official order. The high court handed down its unanimous decision Thursday afternoon.

"It comes as no surprise. The court really had no alternative," said Kevin McGoff, her attorney in Indianapolis.

In the next 30 days, Kouros is expected to file a response to the judicial qualification commission's recommendation that she be removed. The state then has the right to respond.

McGoff estimated that the earliest the high court could take up the case would be early September.

In the meantime, the Supreme Court will appoint a judge pro tem to run her court. Until the appointment, the Lake County Superior Court will be in charge of appointing someone to keep her court operating, said Dave Remondini, council to chief justice Randall Shepard.

 Court records show that since 1992, four Indiana judges have either been removed by the state Supreme Court or resigned during investigation. The last judge to be removed from the bench was Vigo County Judge William C. McClain in 1996.

During a daylong hearing in April, Kouros, 46, said she began seeking treatment for an obsessive-compulsive disorder during her suspension. She maintained her battle with multiple sclerosis and an obsessive-compulsive disorder compelled her to check and re-check her findings before issuing rulings.

Kouros, a former deputy prosecutor, said she would stay nights and weekends to grapple with the increasing backlog.

During the same hearing before a group of three judicial masters appointed by the Supreme Court, Judge Pro Tem Raymond Kickbush, who filled in for Kouros during her imposed absence, testified against her. He found a letter to the court from accused serial killer Eugene Britt stuffed with old magazines and papers in a box beneath the office fax machine.

Kickbush told the panel of masters that he thought the job was too big for Kouros.

Kouros was forced to go through the formal hearing process after the Supreme Court rejected an earlier agreement worked out between the judge and the judicial qualifications commission. That deal would have allowed her to remain on the bench.

The masters recommended in June that she retain her law license but made no recommendation on whether she should be removed from the bench.

In its eight-page recommendation to the court, the judicial qualifications commission said "(Kouros') removal is necessary to protect the integrity of the judicial system and to ensure the fair and timely administration of justice in her court."

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07222004 - News Article - Supreme Court suspends Judge Kouros

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Supreme Court suspends Judge Kouros
NWI Times
Jul 22, 2004
http://www.nwitimes.com/news/local/supreme-court-suspends-judge-kouros/article_4019365e-ce7a-5db8-8d82-066bc3079e04.html
Chief Justice Randall T. Shepard signed an Indiana Supreme Court order today suspending Lake Criminal Court Judge Joan Kouros with pay.

It was an immediate suspension.

Kouros was on the bench today, but will not return for court Friday.

The suspension comes one week and a day after the Indiana Commission on Judicial Qualifications filed its response to the Masters' Report on Kouros recommending her permanent removal from the bench. It cited a judicial Admission and Discipline rule stating that once the Judicial Qualification Commission recommends removal for a judge, that judge is to be suspended with pay.

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07162004 - News Article - Commission recommends judge's removal - Judicial committee also requests suspension for Joan Kouros; she plans to fight

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Commission recommends judge's removal
Judicial committee also requests suspension for Joan Kouros; she plans to fight
NWI Times
Jul 16, 2004
http://www.nwitimes.com/news/state-and-regional/commission-recommends-judge-s-removal/article_7c8c60a6-cb8b-5bda-998c-73c30d0130b4.html
*Judge Joan Kouros held court Thursday despite the latest volley fired in the battle to oust her.

The Indiana Commission on Judicial Qualifications filed a recommendation late Wednesday that Kouros be permanently removed from the Lake County Criminal Court bench.

Until the state Supreme Court makes that decision, the commission asked the state's highest jurists to follow their own rule and suspend Kouros with pay.

As of 5 p.m. Thursday, the court had not ordered Kouros suspended.

Kouros' lawyer, Kevin P. McGoff, said they will definitely file a response within the allotted 30 days.

"Her (Kouros') attitude is we need to get our response to the court so the ultimate arbiter of the matter can make its decision," McGoff said.

However, nothing in the rule states the court must wait for Kouros' response before suspending her, McGoff said.

"The rule reads 'the court shall issue an order suspending a judge with pay once a recommendation for removal is made,' " he said.

The commission recommendation is in response to the Masters' Report on Kouros filed last month in which a three-judge panel declined to make a recommendation to the Supreme Court despite finding Kouros hadn't complied with agreed-upon requirements on how to run her courtroom.

In October, when Kouros asked to be returned to the bench after a six-month suspension she promised to get signed orders to the clerk within 48 hours and to have no more than 80 files checked out to her court at any given time.

During the April hearing before the three-judge panel, the Judicial Qualifications Commission showed Kouros had upwards of 137 files checked out on select dates and it took weeks for some orders to be implemented.

"Unfortunately, this case is about far more than the administrative failures," the judicial commission states in the seven-page memorandum supporting the 41-page removal recommendation.

"It is about Judge Kouros' lack of trustworthiness. ... In light of the Masters' conclusions that Judge Kouros not only continually neglected her duties but defied a Supreme Court Order and was dishonest with the Court, removal is necessary to protect the integrity of the judiciary."

Kouros was appointed judge in 1997. Lawyers practicing in her court began complaining four years ago she was slow in completing routine paperwork.

The Supreme Court first asked Kouros' fellow judges to help her improve. They said she initially refused their help.

The Judicial Qualifications Commission reviewed her court and found a backlog of hundreds of cases awaiting her signature on decisions made months earlier. Her tardiness aggravated overcrowding in the county lockup by preventing inmates from being transferred to a state prison.

The high court issued warnings and detailed instructions two years ago on how to manage her paperwork. She failed to comply, and the high court suspended her for six months last year. Raymond Kickbush, a retired judge from Porter County, said he had to work hard to return her court to normalcy.

Kouros admitted in her October request to be returned to the bench her obsessive-compulsive disorder prevents her from performing routine jobs without excessive deliberation. The high court reinstated her in January, but the evidence indicates Kouros has apparently fallen into the old pattern.

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07162004 - News Article - What's ahead in Kouros case?

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What's ahead in Kouros case?
NWI Times
Jul 16, 2004
http://www.nwitimes.com/news/opinion/columnists/mark-kiesling/what-s-ahead-in-kouros-case/article_ee46d8bf-5a1d-593c-b27b-304518c33582.html
While a panel of judges assigned to investigate allegations against Lake County Criminal Court Judge Joan Kouros wimped out, the state's Commission on Judicial Qualifications did not.

The three-judge panel of masters who investigated Kouros in April made no recommendation at all despite concluding she was unable to administer justice in a timely manner and had lied to the Indiana Supreme Court about it.

But Commission Counsel Meg Babcock, in her no-nonsense recommendation filed Wednesday, said Kouros could not be trusted and was making a mockery of the judiciary.

She recommended her removal and immediate suspension with pay. There was none of the wishy-washy legalese that characterized the report by the panel of masters.

Babcock noted maybe the most significant omission by the masters: The opinion of former Porter Superior Court Judge Raymond Kickbush's testimony before them in April.

Kickbush sat in for Kouros during an earlier suspension and his testimony is that of a respected veteran who believes justice did not operate in Kouros' court:

"I believe the operation of (Kouros' court), from what I've seen, even on the tail end, is too big a job for Joan Kouros. I'm concerned. I think people coming into court are entitled to justice and what involves prompt justice, and I think anything short of that we're shortchanging not only the litigants, which are the most important things in criminal cases, but the lawyers and their families and everyone else as well. In short, my opinion is that I don't, bottom line, think that she can do her job. I just don't think that."

During Kouros' suspension she would again be replaced by an interim judge, and who is named will say a lot about what's going to happen.

If a Democrat steps in, could there be pressure to cover for Kouros, to say she had cleaned up her court?

Former Porter Superior Court Judge Thomas Webber Jr.? Susan Severtson, wife of former state Democratic Chairman Peter Manous and now hearing officer for the workers' compensation board in Lake County?

Kouros is the daughter of East Chicago Councilman Gus Kouros, a longtime ally of East Chicago Mayor Robert Pastrick, and was named to the bench by former Gov. Evan Bayh, who has been friends all his life with the Pastricks and is now a U.S. senator.

How long a judge serves will also be a tip on what's ahead for Kouros. If the judge commits to a month, look for her to be back on the bench. A commitment through the end of the year allows for her removal and time for Democratic Gov. Joe Kernan to name a replacement before his term ends Dec. 31.

Looking beyond that, if Kouros can drag this out until the spring, she will put herself in position to resign and begin drawing a pension.

And if there is anything Kouros knows how to do, it's drag a case out.

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07162004 - News Article - EDITORIALS - Time to slam gavel down on judge - The issue: Joan Kouros

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EDITORIALS - Time to slam gavel down on judge
The issue: Joan Kouros
NWI Times
Jul 16, 2004
http://www.nwitimes.com/news/opinion/editorial/time-to-slam-gavel-down-on-judge/article_ef0f1ba8-93ee-5ed2-9142-bcd0e48ce344.html
Our opinion: If she cannot do the job, she should not be on the bench.

The state Judicial Qualifications Commission wants Lake Superior Judge Joan Kouros off the bench for not doing her job. Again. Still.

The backlog of cases in her courtroom remains, the commission argued in urging the Indiana Supreme Court to remove her. The commission urged a 30-day suspension until the high court rules.

The pattern by the judge is unacceptable and a flagrant disregard for the judicial system in Lake County.

Kouros now has 30 days to reply to the commission.

Surely, it should not take her that long to compose her reply. After all, she knows the routine. She was suspended for six months last year for the same reason -- poor management skills and behavior problems, which led to huge case backlogs and other problems.

She has blamed her problems on mental and physical ailments, for which she said she has sought treatment.

State statute says that once the commission, which prosecutes judicial misconduct, recommends dismissal, the judge must be suspended with pay pending the Supreme Court's final decision, said Meg Babcock, commission counsel.

Ultimately, it is up to the Supreme Court whether to remove her from the bench.

A tenet of the court system is that it acts in a timely, fair manner to dispense justice.

If Kouros, who was named to the bench in 1977 by then-Gov. Evan Bayh, cannot do so, she should not be on the bench.

The justices should heed what the commission said in urging the suspension.

"Her removal is necessary to protect the integrity of the judicial system and to ensure the fair and timely administration of justice in her court," the commission wrote in its eight-page recommendation.

This problem has been going on since 2001. It is time to solve the problem. After the suspension, she must be removed.

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07152004 - News Article - Commission suspends Kouros - State Supreme Court will rule on her permanent removal from bench

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Commission suspends Kouros 
State Supreme Court will rule on her permanent removal from bench
Post-Tribune (IN)
July 15, 2004
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/104068FAC0BF59F0?p=AWNB
Lake Superior Court Judge Joan Kouros will be removed from the bench, pending a final decision by the state Supreme Court.

Her second suspension with pay will be in response to a brief filed Wednesday by the Indiana Commission on Judicial Qualifications, which acts as prosecutors in cases of misconduct by attorneys and judges.

The commission's prosecutors recommend that the judge be removed for violating a January 2003 Supreme Court order designed to end the chronic backlog in her court.

The commission filed its brief with the Supreme Court just prior to the deadline under the statute. It had to respond within 30 days of the decision of the panel of master judges, which made no recommendation on whether Kouros should be removed or forced to retire.

State statute says that once the commission recommends dismissal, the judge must be suspended with pay pending a final decision by the Supreme Court, said Meg Babcock, commission counsel.

"Her removal is necessary to protect the integrity of the judicial system and to ensure the fair and timely administration of justice in her court," the commission wrote in its eight-page recommendation to the high court.

Kouros was first suspended by the state Supreme Court in June 2003 for a pattern of abuses that revolved around allowing case records to pile up in her courtroom; she returned to the bench in January.

At a 10-hour hearing in April before a panel of judicial masters, fellow judges testified that the backlog in Kouros' court, which dated back to 2001, had prevented the timely release of inmates from the Lake County Jail.

Judge Pro Tem Raymond Kickbush, who filled in for Kouros during her imposed absence, testified that he found a letter to the court from accused serial killer Eugene Britt that was stuffed with old magazines and papers in a box beneath the office fax machine. Kickbush told the panel of masters that he thought the job was too big for Kouros.

Kouros' attorney Kevin McGoff said the commission's recommendation was not unexpected. In March, the Supreme Court had rejected an earlier agreement worked out between the judge and the Judicial Qualifications Commission.

Kouros is expected to be in her courtroom today, waiting an official suspension order from the high court. McGoff said he expected the order would be issued quickly, though it could be months before the Supreme Court issues a final decision on Kouros' future as a jurist.

"The court rules when it rules. There is no way to predict," McGoff said.

A final decision isn't expected for at least 30 days because Kouros has that much time to file her response to the Supreme Court.

Gov. Evan Bayh appointed Kouros as judge in January 1997, in one of his last acts as Indiana governor. She replaced retiring Judge Richard Conroy.

Kouros, 46, has maintained that a combination of her battle with multiple sclerosis and an obsessive-compulsive disorder compelled her to check and re-check her findings before issuing rulings. A, a former deputy prosecutor, said she would stay nights and weekends to grapple with the increasing backlog.

During Kouros' suspension, she began treatment for the obsessive-compulsive disorder, and sought advice from judges around the state on courtroom management.

In June, the panel of masters found substantial problems with Kouros' court, but did not make a recommendation to the Supreme Court on whether to remove her from the bench.

After she returned from her first paid suspension in January, Kouros was under an order from the Supreme Court to return all case files within 48 hours. Investigators for the Judicial Qualifications Commission found between January and March 40 sentencing orders had been delayed by at least six days. Some orders had been delayed by weeks. They found 30 orders were signed but not processed or remained unsigned for long periods, according to their findings.

"Unfortunately, this case is about far more than administrative failures. It is about Judge Kouros' trustworthiness," the brief stated.

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06302004 - News Article - Panel issues recommendation

Also See:





Panel issues recommendation
Indiana Lawyer (Indianapolis, IN)
June 30, 2004
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/10E9B7055D89AD10?p=AWNB
A panel of three judges assigned to hear a case involving the judicial conduct of Lake Superior Judge Joan Kouros has submitted recommendations to the Indiana Supreme Court in the case.

The masters' panel, consisting of Marion Superior Judge Tanya Walton Pratt, Allen Superior Judge John Surbeck Jr., and Vanderburgh Circuit Judge Carl Heldt, conducted a hearing April 22 during which the high court's Judicial Qualifications Commission presented arguments on a 78-count complaint against the judge.

On June 14, the masters recommended that Kouros not be disbarred.

"The Masters do not find that Judge Kouros has violated the Code of Judicial Conduct or the Rules of Professional Conduct to the extent that she should be disbarred," they wrote.

They also found that Judge Kouros' illnesses - multiple sclerosis, obsessive-compulsive disorder and depression - do not affect her ability to perform her judicial duties, as long as she is receiving proper care.

However, they did find that Kouros violated judicial canons.

"While serious, the Masters find that Judge Kouros' conduct, for the most part, has not been 'willful' in the sense that she has intentionally neglected her duties or dismissed their importance," they said. "By all accounts, she is a good judge in all respects excepting gross inefficiencies and delays in performing her tasks."

Despite these findings, the masters made no recommendation as to her discipline, removal, or retirement.

The commission's counts accused the judge of failure to file important paperwork in a timely manner and of telling the 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.

The recommendation along with Kouros' answer to the recommendation will go to the Supreme Court, which will consider the case and issue an opinion. Depending on how long the briefing process takes, a final decision could be handed down in mid- to late summer.

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06182004 - News Article - Judge Kouros saga gives new meaning to blind justice

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Judge Kouros saga gives new meaning to blind justice
Post-Tribune (IN)
June 18, 2004
http://infoweb.newsbank.com.proxy.portagelibrary.info/resources/doc/nb/news/103611A70F52A315?p=AWNB
It has been 3 1/2 years since the Indiana Supreme Court determined there was a substantial problem with Lake Superior Court Criminal Division Judge Joan Kouros' operation of her courtroom.

The Supreme Court's handling of the matter since January 2001 borders on criminal.

I suspect the high court has been too busy sticking it to Lake County on a number of crucial cases -- including Hospital Care for the Indigent -- to resolve the Kouros matter.

A glimpse at the Kouros saga makes it easy to understand why the general population regards the justice system with such low esteem.

Lake County Jail officials complained in late 2000 that too many people continued to sit in jail because Kouros had failed to file the release papers.

Although catching the Supreme Court's attention is about as trying as paper-training a puppy, the plea from the jail was heard.

The high court said it found a mess -- a massive case backlog.

The supremes told her to fix the problem, then disappeared for more than two years. Not only did things not get better, but they worsened over that period.

In May 2003, Kouros told the supremes that besides having multiple sclerosis, she also had an obsessive-compulsive disorder that became more pronounced because of the MS.

Can you imagine a defense attorney telling his client that although the judge has an obsessive-compulsive disorder, maybe we'll be lucky and catch her on a good day?

In June 2003 -- 30 months after the supremes told Kouros to clean up her court -- they determined things hadn't improved and suspended her.

While Kouros was off the bench, doing what was necessary to win back her job, the Indiana Judicial Qualifications Commission filed 78 disciplinary counts against Kouros in September 2003.

So what does the high court team of legal beagles do? You got it. They reinstated her in December 2003.

In March, just as the puppy was learning to piddle on the paper, the supremes decided they better start taking this Kouros matter seriously.

The court put its foot down and rejected a conditional agreement worked out between the Qualifications Commission and Kouros. That agreement would have allowed her to continue to make obsessive-compulsive decisions about people's lives on a daily basis.

Rather than remove her from the bench, the supremes named a three-member panel of judicial masters to hear the charges against Kouros.

There was a 10-hour hearing that resulted in a 48-page report that said, well, virtually nothing. There was no recommendation on Kouros' future.

Because the judicial masters are about as spineless as the Supreme Court, Kouros' fate now bounces back to the Qualifications Commission, which has 30 days to make a recommendation to the high court. Kind of makes you wonder why the court even brought the judicial masters into the ballgame. Buck-passing, perhaps.

After the Qualifications Commission makes a recommendation, then Kouros' lawyers have 30 days to make a response. Next thing you know, it will be Christmas and the supremes might finally decide what they found to be true in January 2001 is still true today -- Kouros shouldn't be a judge.

Wouldn't you just know this fiasco started in East Chicago? That's where Kouros' father, Gus, is a councilman and a lieutenant for political boss Tom Cappas, who convinced then-Gov. Evan Bayh to make Kouros a judge in 1997.

What a web politics can weave.

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06162004 - News Article - Now serving: Waffles, side of indecision

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Now serving: Waffles, side of indecision
NWI Times
Jun 16, 2004
http://www.nwitimes.com/news/opinion/columnists/mark-kiesling/now-serving-waffles-side-of-indecision/article_d2cd4fa4-f37c-592c-a381-9352df8340a9.html
Three judicial jellyfish couldn't come to any conclusion about whether Lake Criminal Court Judge Joan Kouros should be removed from the bench, instead putting the question into the laps of the five Indiana Supreme Court justices.

The jellyfish, formally known as a panel of masters, heard testimony regarding Kouros' fitness on the bench and after months of pondering, issued a 48-page report made public Monday that makes no recommendation whatsoever.

The report recounts in agonizing detail Kouros' repeated failures on the bench, in which she cost prisoners time, cost attorneys money and failed to perform tasks demanded by the Indiana Supreme Court, then told the court she was in compliance with their orders.

Then, the report concludes by saying Kouros is a good judge who should be all right if she gets enough staff and uses her time properly.

This report was so waffly it should have been delivered by Mrs. Butterworth.

If Kouros had been a normal defendant facing probation revocation, her actions are so clearly in violation she would now be in the Department of Corrections.

But she's not. She's a judge. Who judges a judge? Other judges.

The masters showed so little backbone their robes must be acting as sort of an exoskeleton to keep them upright. Maybe they are profiles in judicial courage when dealing with Joe or Jane Doe, but when there's another judge in the dock, they took the coward's way out.

What they did is leave the decision entirely up to the Indiana Supreme Court, which will now have to decide whether to remove or retain Kouros based upon a report that says neither yea nor nay.

Kouros' defense lawyer, the magician Stan Jablonski, has pulled enough rabbits out of his hat on this case to start his own petting zoo. He sees the decision as a victory for his client in that it does not call for her ouster as many expected.

The most maddening thing is the lack of intestinal fortitude found in the report. If you think Kouros can't function, recommend removal. If she's doing a good job but just needs a little fine tuning, recommend retention.

But make a decision. No wonder Indiana legislators don't want to give judges raises if this is how they perform under pressure. It's a slap to all judges who daily make the tough, unpopular decisions the law sometimes requires.

People from downstate are often critical of the way things are done in Lake County, the nod-and-wink politics where pragmatism trumps propriety.

These masters had a chance to send a message that shenanigans, including basically lying to the Indiana Supreme Court, will not be tolerated whether you're wearing a bathrobe or a black robe.

Instead, they sent the message that if this is the way the folks of Lake County want their judges to behave, that's OK with them.

By doing so, the judicial jellyfish stung each citizen of Lake County.

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08132023 - News Article - Former Portage Mayor James Snyder asks US Supreme Court to consider his case

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