October 14, 2004

Indiana Decisions - Two posted by Supreme Court today

In the Matter of the Honorable Joan Kouros, Judge of the Lake Superior Court, Criminal Division 3 (10/12/04 IndSCt) [Judicial Disciplinary Action]
Per Curiam.

The Indiana Commission on Judicial Qualifications (“Commission”) has brought a disciplinary action in this Court under Article 7, Section 4 of the Indiana Constitution against Judge Joan Kouros, Judge of the Lake Superior Court, Criminal Division 3. It has asked for her removal.

The evidence demonstrates that over a substantial period of time, involving a large number of litigants, Judge 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. Moreover, her representations to us about measures taken to conduct the court’s business in accord with acceptable standards have proven unreliable. We therefore conclude that removal from office is the appropriate outcome. * * *

All Justices concur.

DFS Secured Health Care Receivables Trust v. Caregivers Great Lakes, Inc., et al. (Published order accepting certified question; Dated Oct. __, 2004)
The United States Court of Appeals for the Seventh Circuit has certified questions of Indiana state law for this Court’s consideration pursuant to Indiana Appellate Rule 64. The questions, as framed by the federal court, are:
  1. Can an officer or director of a “first transferee” under the IUFTA [Indiana Uniform Fraudulent Transfer Act, Indiana Code §§ 32-18-2-1 et seq.] who is found to have personally participated in the fraud be held personally liable under Indiana law on that basis alone?
  2. Is an award of monetary damages under the IUFTA available only where reconveyance of the fraudulently transferred property is impossible or where the subject property has depreciated in value?
  3. Are punitive damages available under the IUFTA?

After consideration by each member of the Court, the certified question is accepted pursuant to Appellate Rule 64. [Procedural details follow]

Posted by Marcia Oddi at October 14, 2004 03:56 PM