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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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