Draining The Swamp In Porter County Indiana: November 2010

11242010 - Sale of marital home in violation of September 2010 court order - -- Porter County Indiana -- Cause No. 64D01-0708-DR-7804

11242010 - Voicemail from Remax Realtor BruceAnn Singleton -- Porter County Indiana -- Cause No. 64D01-0708-DR-7804

11242010--ReMax-Voicemail--BruceAnne-Singleton

This is the voicemail message that ReMax Realtor BruceAnn Singleton left, after she sold the marital home $30,000 below market value...and in violation of the September 2010 court order.

11182010 - Letter from ReMax headquarters - RE: Sale of marital home in violation of court order -- Porter County Indiana -- Cause No. 64D01-0708-DR-7804

11172010 - Remax realtor Carl Fisher - Served copy of Sept 28, 2010 - RE: Sale of marital home in violation of court order -- Porter County Indiana -- Cause No. 64D01-0708-DR-7804

Remax Realtor / Portage City Official Carl Fisher at my place of employment: 5 days after the mortgage company and the main ReMax office, received my letter regarding the possibility that my ex and realtor Fisher had accepted an offer on my house that was $30,000 under the asking price...And that I feared that since I was not on the title or mortgage, that the house would be sold from under me. This 'meeting' with Fisher was also one day after former city attorney John Rhame and attorney Michael Handlon [in charge of insuring that the distribution of my settlement was implemented according to the September 2010 order], received copies of the letters I had received.

After paying for his fuel purchase, Fisher began talking to me about the letters I had written to the main office and mortgage company....And the sale of my home. I explained to Fisher that he had sold the house in violation of the September 2010 court order.

I retrieved the August 19th order [signed September 2010] from my purse.

The court order I removed from my purse and reviewed with Carl Fisher. I also made a copy of this order and gave it to Fisher / served Fisher with it on November 17th.

Fisher claimed that he had never seen the order before...Although it was enclosed in the letters I had sent to the main ReMax office and the mortgage company [which Fisher claimed to have received.

I spent approximately two minutes going over the court order that was signed September 2010, in regards to the sale of the marital home.

I stressed to Fisher paragraph #8 on that order, in regards to the sale of the marital home....And pointed out how ReMax and my ex were in violation of that order.

I told Fisher that to the best of my knowledge my ex had made no attempts to refinance before he sold the home.

If my ex could not refinance the home, he had to show proof to the Court....And then the court would direct the home to be sold. That had not been done by either my ex...or Remax / Fisher.

The price of the home could only be reduced after 90 days on the market. Fisher / Remax had reduced the price of the property immediately following the illegal entry, from $164,900 to $159,900. 1] They had put the house back on the market without submitting proof to the Court that my ex was unable to re-finance; 2] They immediately reduced the price of the home; 3] And, they immediately accepted an offer that was approximately $30,000 below asking price.

I offered to make Fisher a copy of the September 2010 order. He waited a minute for me to make a copy in the office.

Me returning with a copy of the September 2010 order, for Fisher.

Me stapling the pages of Fisher's copy of the September 2010 order.

Fisher and I would review and talk about the September 2010 order for another two minutes = he understood the order when he left.

Fisher accepting the September 2010 court order= being served.

Fisher with the September 2010 order in his hands [after being served].

Before Fisher left, he promised me he would do what it took to abide by the September order and that he would get back with me. I asked Fisher if he would help me locate Abbi and Bailey. I believed my ex still had them. He said he would find out about them. Fisher never got back with me about the court order or my dogs. Fisher went ahead with the questionable sale of the home that was in violation of the September order.....

....A week later, the sale of the marital home [that was in violation of the September 2010 order] was finalized.

11102010 - News Article - Elwood becomes second public defender for county

Elwood becomes second public defender for county
Post-Tribune (IN)
November 10, 2010
www.newsbank.com

VALPARAISO -- Porter County has a new chief public defender.

Ken Elwood accepted the position Tuesday morning, although Porter County's six judges made the decision Monday night at their monthly meeting.

Elwood agreed to the terms of a two-year contract that the judges will draw up this week, but he'll begin immediately, replacing James Tsoutsouris, who died Sept. 29.

"It's quite an honor to be the second public defender in Porter County, and to follow a guy like Jim Tsoutsouris is quite an honor," Elwood said.

Elwood worked under Tsoutsouris as a public defender since 2003 and graduated from the Valparaiso University Law School in 1994 and Portage High School in 1987.

"I enjoy being a public defender. I consider it a service to the community," Elwood said. "I think the indigent people deserve just as good a quality defense as those with private attorneys."

Elwood said he might make incremental changes as public defender, but Tsoutsouris, who held the office since 1970, did a good job and "the public defender staff is one of the best in the state."

The judges were silent about the selection process and the candidates until Tuesday.

"There were four and they were all very well-qualified. But Ken was the best," said Porter Superior Court Judge Roger Bradford, the judicial liaison for the public defender's office.

"There were some discussions on the various candidates and it ended up a unanimous decision," Bradford said.

Elwood wasn't officially named public defender until he agreed to some

terms.Those were that he remain apolitical in hirings and "that he not be involved in politics to the extent that he was in the past," Bradford said.

Elwood, a registered Democrat, declined to speak directly about his political work but said, "whatever the wishes of the judges are, I will comply."

11102010 - News Article - Ken Elwood named chief public defender

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

Ken Elwood named chief public defender
NWI Times
Nov 10, 2010
http://www.nwitimes.com/news/local/porter/ken-elwood-named-chief-public-defender/article_f07b5529-7d16-5c04-8dcf-dfb9c898bdd3.html
VALPARAISO | Attorney Ken Elwood was named Tuesday as Porter County's new chief public defender.

Elwood, who has served in the public defender office since 2003, replaces James Tsoutsouris, who died Sept. 29.

"It's an absolute honor to be selected," said 41-year-old Elwood, who was chosen by the county's judges out of four applicants.

Elwood will oversee 14 attorneys, who he said end up representing more than half of those charged with crimes and are unable to afford legal representation.

The chief's post pays $53,515 a year and the department's annual budget is $628,831.

Tsoutsouris died two days after collapsing from a heart attack on his way out of the downtown courthouse.

Elwood said Tsoutsouris did a fine job as chief public defender. He plans to meet with each of the county's six judges to see if any changes are suggested, in addition to speaking with all the public defenders.

Elwood said he will have time for the new responsibilities, in addition to continuing to work as a public defender and carry out criminal and personal injury work with his Rhame & Elwood law firm located in Portage and Valparaiso. His law firm also represents most of city government in Portage, along with the Porter County Council, Plan Commission and Board of Zoning Appeals.

Porter Superior Judge Roger Bradford, who serves as judicial liaison to the public defender's office, said all four applicants well qualified and the final choice was difficult.

Elwood is only the county's second chief public defender. Tsoutsouris created the office in 1970 and served at the helm until his death.

11092010 - News Article - Public defender should be named by week's end

Public defender should be named by week's end
Post-Tribune (IN)
November 9, 2010
www.newsbank.com
Porter County should have a new head of the public defender's office by the end of the week.

The six judges in the county didn't make a final decision on filling the position at their monthly meeting Monday. However, Judge Roger Bradford said they expect to have the decision by Friday.

Bradford, who is the judicial liaison for the public defender's office, declined to say what process the judges would use to choose a replacement for the late James V. Tsoutsouris, thus continuing a sense of secrecy while the decision is being made.

The judges previously decided not to publicly divulge how many applicants they received for the position or who the applicants are. However, the way they choose to make decisions could set precedence.

Tsoutsouris, who died unexpectedly on Sept. 29, had been the public defender since he was appointed in 1970. Then there were only three courts in the county and the county courts themselves were created by the state in 1976. He built the office up over the decades

from just himself to a staff of lawyers. Bradford previously confirmed that all the judges are familiar with all the applicants and that no one has applied from outside the area.

Under state law, the county could create a board to oversee the public defender's office instead of having this judicial oversight. The state would then reimburse the county for 40 percent of felony cases under that process However, the county would have to hire about seven more assistant public defenders and their staff, costing more money, Bradford said.

11072010 - News Article - Judges will decide who will replace Tsoutsouris

Judges will decide who will replace Tsoutsouris
Post-Tribune (IN)
November 7, 2010
www.newsbank.com
At their monthly meeting on Monday, Porter County's six judges will decide how they'll select the next public defender.

Whatever process the judges choose will likely set a precedent, because the county has had only one head of the public defender's office since James V. Tsoutsouris was appointed in 1970.

Tsoutsouris died Sept. 29.

The judges set a Nov. 1 application deadline but haven't discussed how the new public defender ultimately would be chosen.

"We deferred that until all the applications came in," said Judge Roger Bradford, the judicial liaison for the public defender, but most possibilities --from a majority vote to interviewing each candidate -- remain open.

"We won't be sending white smoke up the chimney or anything," he said jokingly.

The judges agreed not to divulge who has applied, or even how many people applied, before making their selection.

Bradford confirmed that no one outside the area submitted an application.

"I think we're all familiar with all of the applicants," he said.

Bradford said he doesn't have a personal list of qualifications for a public defender.

"We don't expect whoever we hire to be Jim Tsoutsouris or do everything he did," he said.

Someone essentially starting an office and serving in it for 40 years as it grew from just him to a staff is a once-in-a-lifetime thing, Bradford acknowledged.

None of the current judges was seated when Tsoutsouris started. Bradford, who has been on the bench since 1980, has been a judge the longest.

That's also the longest a Porter County judge has served.

When Tsoutsouris established the office, there were only three courts in Porter County. The county courts were created in 1976.

The public defender the judges choose will be under contract with the county.

The county also has the option under state law of creating a public defend

er board.With that board, the state would reimburse the county for 40 percent of the costs of felony cases.

However, the county would have to hire about seven more assistant public defenders and their staff.

"With all the restrictions, it would cost more money," Bradford said.