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Wednesday, October 13, 2004

Indiana Courts - More on Judge Kouros Removal

The Munster Times reports today, in a story inelegantly titled "Supreme Court boots Kouros for good," that:

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.

An editorial today in the same paper opines:
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. * * *

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.

Posted by Marcia Oddi on October 13, 2004 06:31 AM
Posted to Indiana Courts