Wednesday, March 31, 2010
Friday, March 26, 2010
03042010-08042011 - Judiciary Investigation Of Magistrate James Johnson/Porter County Superior Court - Valparaiso IN
************************
| From: | sur5er1998 <sur5er1998@aol.com> |
| To: | ameiring <ameiring@courts.state.in.us> |
| Subject: | PORTER COUNTY COURT NOT ADHERING TO LOCAL RULE 2100 |
| Date: | Thu, Mar 4, 2010 1:12 pm |
| Attachments: | PORTER_COUNTY_LOCAL_COURT_RULE_2100.PDF (6209K), ATTORNEY_RICE_LETTER=_SEPT_2007.PDF (5965K) |
FROM: RENEE’ HARRINGTON
-ATTACHMENTS:
-PORTER COUNTY LOCAL COURT RULE 2100
-ATTORNEY DONALD RICE'S LETTER [9/2007] INSTRUCTING ME I COULD NOT RE-LOCATE TO / OBTAIN JOB IN MICHIGAN DURING DIVORCE.
RE: PORTER COUNTY SUPERIOR COURT [VALPARIASO, IN] NOT ADHERING TO PORTER COUNTY LOCAL COURT RULE 2100.
To who do I report the Porter County Court not adhering to its own local court rules, and how would I go about filing this?
In September 2008, I had my divorce property settlement [Cause # 64D01-0708-DR-7804. Valparaiso IN Porter County Superior Court. Judge Bradford / Magistrate Johnson], vacated on the grounds that my first divorce attorney [Donald Rice, Portage] and my ex’s divorce attorney [Jeffrey Shaw, Valparaiso], had not adhered to Local Court Rule 210: Mandatory exchange of financial declaration forms / mandatory discovery of marital assets.
Neither Attorney Rice nor Attorney Shaw were reprimanded by the court for failure to adhere to a local court rule. Instead, Attorney Shaw was allowed to retaliate against me [for blowing the whistle on the loophole in Rule 2100, that attorneys are using to avoid adhering to the Rule], by dragging the divorce case out as long as possible, in the hopes of wearing me out so I would just walk away from my interest in the marital assets [valued at over $200,000].
It is now almost two years later. Although the divorce was finalized, the property settlement has not been ordered. The final divorce hearing was on January 12, 2010. I have been told to expect Magistrate Johnson to take another 6-12 months to make a final decision on my divorce [instead of 30 days]. Magistrate Johnson is aware [through court testimony that my ex has threatened to kill me for pursuing a roperty settlement and that my ex is currently on probation]. Magistrate Johnson has also heard other testimony regarding my ex's abuse of me and violations of the PPO. He knows my ex is a danger to me. I have cried often on the stand about wanting to return home to Michigan / escape my abusive ex. My ex has even admitted on the stand, his abuse of me. And yet, instead of finalizing the property settlement so I can return home to Michigan safetly before my ex assaults or kills me, Magistrate Johnson is expecting me to sit here in danger, for another year?
If you pull the case file on my divorce: my ex intentionally violated provisional orders; I have been without medical care for my Graves Disease; my ex refuses to pay his maintenance; my ex lied and claimed he was unemployed and $20,000 in back maintenance owed to me was forgiven; I am thousands of dollars in debt with attorney fees; I am thousands of dollars in debt to friends and family for household bills I paid, because my ex didn’t pay the utilities and my maintenance; etc.
I am unemployed. I do not have a job. I do not have any means of transportation. I am not receiving court ordered maintenance. I am financially broke. 100% of the marital assets are in my ex’s name. I was court ordered to put the marital home [where I reside] on the market. If the house sells before the property settlement is issued, I will be put out on the street / homeless, and all proceeds from the marital home will be put in trust with the divorce attorneys.
Meanwhile, my ex is grossing $100,000 a year and can afford his maintenance and provisional order obligations. But his attorney stated after the last hearing, that he has instructed my ex not to pay the maintenance.
Should I pursue a complaint? Or should I just walk away from everything? From what I have endured due to court mistakes and Attorney Shaw’s retaliation in this divorce, I have come to the realization that Magistrate Johnson may very well never issue a property settlement in my case.
A major concern of mine, is returning back home to Michigan before my ex is released from probation. I am terrified that he will come after me / kill me. However, with Magistrate Johnson forgiving my ex $20,000 in back maintenance; Magistrate Johnson taking only my ex’s word that he was unemployed and lowering my maintenance; Attorney Shaw instructing my ex to violate the maintenance order; and now Magistrate Johnson refusing to issue a property settlement decision within 30 days of the January 12, 2010 final hearing, I do not have the funds to relocate. When my ex is released from probation on March 21, 2010, I am going to be a sitting duck here in Portage IN, due to all court errors and Attorney Shaw’s retaliation against me.
What should I do about this? Am I supposed to just walk out the door of my home with nothing but the clothes on my back? Is this the lesson that the court wants to teach me and others who dare to disclose attorneys and the court not adhering to Local Court Rules? If so, what is the purpose of Local Court Rules, if the courts and the attorneys don’t adhere to them, and citizens get retaliated against for blowing the whistle / demanding they be adhered to. It’s almost as if I was a lesson to others to not question the attorneys and court in Porter County.
Thank you for your time,
Renee' Harrington
3050 Eleanor Street
Portage, IN 46368
219-734-6796
Silence: the number one killer of victims of officer involved domestic violence.
************************
************************
July 07, 2010 12:00 am
NWI Times
VALPARAISO - The Indiana Judicial Qualifications Commission is investigating a complaint that Porter County Magistrate Judge James Johnson is taking too long in processing cases, according to Superior Court Judge David Chidester.
Chidester notified members of the county bar association of the allegations by e-mail Friday and requested input from the attorneys.
While making it clear he is not speaking on behalf of the county's other five judges and has no idea what action he and the others will take when they discuss the investigation during their monthly meeting July 20, Chidester invited the attorneys to submit their resumes to his court. Those who wish to remain confidential were invited to send their resumes to a post office box in his name.
Porter Superior Court Judge Roger Bradford, who supervises Johnson, said there is no need for anyone to send in a resume because there are no plans to replace Johnson.
Bradford declined to comment on the pending investigation so as not to violate disclosure rules used by the Judicial Qualifications Commission. Johnson did not return calls for comment.
A call Tuesday to the commission was referred to Indiana Supreme Court spokeswoman Kathryn Dolan, who said investigations into alleged misconduct are confidential.
"If the commission believes misconduct has occurred it can file charges against a judge," she said. "Those charges are a matter of public record."
She would not confirm an investigation, but said Johnson currently is in good standing with the court and has not ever had a public discipline case.
A state judicial investigation can result in potential penalties ranging from a reprimand to removal, Chidester said.
The six local judges, who appoint two of the county's three magistrates, including Johnson, can take their own action, he said.
Chidester said he decided to notify bar members of the allegations to let them know what's going on, attempt to determine the scope of the alleged problem and seek resumes from those interested in the post.
He called on the Family Law Section of the bar association to meet and advise the judges if a problem exists and, if so, the extent of the problem and what should be done. He also reminded the attorneys of their obligation to report any negative impact on their clients caused by faulty caseload management by judges or magistrates.
Porter County Magistrates Johnson and Katherine Forbes handle divorce and estate cases.
The juvenile court magistrate is appointed by the circuit court judge.
07072010 - News Article - Hand of justice deemed too slow - Magistrate James Johnson judicial investigation
Magistrates failing to keep up with case loads
July 11, 2010 12:05 am
By Bob Kasarda
VALPARAISO - Both of Porter County's adult court magistrate judges ended most of the last five quarters with more cases pending than when the quarters began, according to statistics compiled by the county court administrator's office.
The case loads peaked the first quarter of this year, which are the most recent figures available.
Magistrate James Johnson ended the first quarter of this year with 332 divorce cases, 1,574 estate cases and 1,364 guardianship cases pending.
Magistrate Katherine Forbes ended the same quarter with 293 divorce cases, 1,347 estate cases and 1,457 guardianship cases pending.
Johnson disposed of slightly more estate cases than Forbes over the last five quarters, while the reverse was true for divorce cases. Both the magistrates disposed of the same number of guardianship cases.
It was revealed last week that the Indiana Judicial Qualifications Commission is investigating a complaint that Johnson is taking too long in disposing cases.
While litigants and defendants are free to file such complaints, there are no definitive guidelines on how quickly civil or criminal case are to move through the legal system, said Indiana Supreme Court spokeswoman Kathryn Dolan.
There are time constraints in place for specific aspects of each case, she said, but there is room for flexibility depending on the unique needs of each situation.
"So there is no timeline," Dolan said.
Neither Johnson nor Forbes returned telephone calls for comment.
The Indiana Supreme Court ordered Lake County Judge Joan Kouros permanently removed from the bench effective February 2005 as a result of complaints she was too slow in completing routine paperwork, leading to stalled jail inmate transfers and then overcrowding in the county lockup.
A commission reviewing her court found a backlog of hundreds of cases awaiting her signature on decisions made months earlier.
Kouros was suspended for six months in 2003, reinstated in January 2004 after promising to improve and suspended again in July 2004 on grounds she'd failed to keep the promise.
Dolan would not comment on or even confirm the investigation into Johnson's work load. But she said if the commission believes misconduct has occurred, it can file charges against a judge.
The state Supreme Court responds by appointing a panel of five trial court judges to review the charges and make a recommendation back to the high court. The court is not bound by the recommendation, and can respond by doing nothing or going so far as removing a judge from the bench.
The identity of the person filing a complaint is provided to the targeted judge or magistrate, Dolan said.
Porter Superior Court Judge David Chidester recently notified members of the county bar association of the allegations involving Johnson and invited the attorneys to apply for the magistrate position.
Superior Court Judge Roger Bradford, who supervises Johnson, said there is no need for anyone to send in a resume because there are no plans to replace Johnson.
The six Porter County judges are expected to discuss the issue during their next meeting July 20.
07112010 - News Article - County judges failing to keep up - Weak rules may allow court cases to linger - Magistrate James Johnson judicial investigation
07122010 - Magistrate Johnson Investigation - Email To Reporter Bob Kasarda, RE: Phone Conversation 07122010
| From: | sur5er1998 <sur5er1998@aol.com> |
| To: | bob.kasarda <bob.kasarda@nwi.com> |
| Subject: | HARRINGTON= COPY OF ORIGINAL COMPLAINT REGARDING JOHNSON [MARCH 2010] |
| Date: | Mon, Jul 12, 2010 12:49 pm |
Bob,
I spoke with you on the phone today, regarding your 'County judges failing to keep up," article. I did not have the opportunity to inform you during our brief conversation that I was one of the people that had contacted the Indiana Supreme Court about this problem. Attached is the email that I sent to the Supreme Court on March 26, 2010.
The Indiana Code of Judicial Conduct has rules regarding a Judge's need to make timely decisions. Indiana Lazy Judge Rule, gives specifics regarding the time frame a judge must make a ruling, and the option for parties to either file a judiciary complaint and /or file a lazy judge rule [requesting the judge either make an immediate ruling or transfer the case to another court / judge, after a judge has failed to make a ruling /decision within 30 days.
Regarding your comment that problems arise with people [such as myself] attempting to interpret the law. I have twenty years of Michigan criminal law experience= law enforcement, probation, victimology, etc. I have also authored crime victim programs and manuals for MI pd's and prosecutor's office. I currently run the Michigan Officer Involved Domestic Violence Project. Thus, I am very familiar with interpreting laws= it's my job.
Sincerly,
Renee' Harrington
-----Original Message-----
From: sur5er1998@aol.com
To: ameiring@courts.state.in.us
Sent: Fri, Mar 26, 2010 8:47 am
Subject: How long does a Judge have to issue a final ruling?
Is there a time limit in which a Judge must issue a ruling on a divorce property settlement? My divorce was finalized in September 2008. The property settlement hearing was not held until January 2010. And now I am being told that Magistrate Johnson may take up to a year to make a final ruling on my property settlement. How long can the court drag out my divorce? Can they drag it out indefinately, in the hopes that I will just go away without a penny?
Thank you,
Renee' Harrington
Silence: the number one killer of victims of officer involved domestic violence.
07162010 - Magistrate Johnson Investigation - FAX to Porter County Judges - RE: Judges' 07202010 meeting regarding Johnson's backlog of divorce cases/settlements
*************************
Porter County judges to discuss magistrate's performance
NWI Times
By Bob Kasarda
July 20, 2010 12:00 am
VALPARAISO - Porter County Magistrate Judge James Johnson had 97 cases he had not yet ruled on by the end of June, as compared to just three cases pending before his fellow adult magistrate, Katherine Forbes.
This backlog of cases reportedly has triggered both an investigation by the state and concern among county judges, who will meet behind closed doors tonight to discuss potential solutions.
The county's two adult magistrates handle divorce, estate and guardianship cases.
Superior Court Judge Roger Bradford, who supervises Johnson, explained in writing on the county's second quarter judicial report that the dramatic increase in cases under advisement resulted because Johnson had been reporting just those cases taken under advisement during that quarter alone.
The figure now represents the cumulative total of cases pending at the end of the quarter, he said.
It recently was revealed that the Indiana Judicial Qualifications Commission is investigating a complaint that Johnson is taking too long to decide cases.
Indiana Supreme Court spokeswoman Kathryn Dolan would not comment on or even confirm the investigation into Johnson's workload.
She said if the commission believes misconduct has occurred, it can file charges against a judge. The Supreme Court can respond by doing nothing or going so far as removing a judge from the bench.
Johnson ended the first quarter of this year with 332 divorce cases, 1,574 estate cases and 1,364 guardianship cases pending.
Forbes ended the same quarter with 293 divorce cases, 1,347 estate cases and 1,457 guardianship cases pending.
07202010 - News Article - By a jury of his peers - Judges to weigh fate of magistrate - Magistrate James Johnson judicial investigation
Help to be brought in for magistrate
NWI Times
Bob Kasarda
July 21, 2010 12:00 am
VALPARAISO - The county's judges agreed Tuesday evening to seek assistance for Magistrate James Johnson so he can focus exclusively over the next couple of months on catching up with a large backlog of pending cases.
Porter Circuit Court Judge Mary Harper said she intends to host a public hearing at 11:30 a.m. Friday in her courtroom on the proposal to hire a part-time probate commissioner to hear new cases scheduled before Johnson.
The probate commissioner could be hired as soon as Friday if nothing of concern surfaces during the required hearing, she said.
Johnson, in the meantime, will be provided with a weekly schedule designed to guide him through the backlog of cases by Oct. 1, Harper said. The county's six judges constantly will monitor his progress, she said.
"We think that's the fairest way to get these cases done," Harper said.
The action was taken in response to news that Johnson had 97 cases he had not yet ruled on by the end of June, as compared to just three cases pending before his fellow adult magistrate, Katherine Forbes.
Harper said Johnson's backlog since has been reduced to a number somewhere in the 80s.
The backlog reportedly has triggered a state investigation, though officials there will not comment.
This is not the first time the county has hired a probate commissioner to help ease a caseload, Harper said.
But it is the first time the approach has been used to help a magistrate catch up on cases under advisement.
While Johnson's poor health has contributed to the backlog of cases, Harper said she believes he now is doing well enough to resolve the problem.
Johnson has served as a magistrate since 1989. He and Forbes handle divorce, estate and guardianship cases.
The probate commissioner, who will be hired on an hourly basis without benefits, will be paid out of a family court fund within the circuit court budget, Harper said.
07212010 - News Article - Here comes the judge's backup help - Probate Commissioner will allow magistrate to focus on backlog - Magistrate James Johnson judicial investigation
Post Tribune
July 21, 2010
VALPARAISO -- The cases that Porter County Magistrate James Johnson has under advisement -- that are backlogged and waiting for decisions -- will be ruled on by Oct. 1.
That's according to a schedule set by the Porter County judges at a closed meeting Tuesday.
"We have established a plan and a schedule for having the magistrate rule on the under-advisements," said Judge Mary Harper of the Porter County Circuit Court. "He will address those cases on a steady, scheduled basis."
Porter County magistrates handle divorce, estate and other family cases. The six judges want Johnson to devote himself full-time to eliminating the backlog, so they are also looking to appoint a probate commissioner to assist with current cases.
"We agreed that we need to keep the business of the court current while the magistrate works on the backlog," Harper said.
As the county's Circuit Court Judge, Harper will preside over a public hearing Friday at 11:30 a.m. to determine if there's a need to appoint a probate commissioner. It was a matter all the judges agreed to.
"The probate commissioner status has been used before when there was a case overload," Harper said. "It's not in regard to Magistrate Johnson. It's in regard to getting the people's work done."
Johnson was a probate commissioner before becoming a magistrate, as was Katherine Ratliff Forbes in Superior Court 2 and Judge Jeffery Thode of Superior Court 6.
If a probate commissioner is determined to be needed, a person will be put in place promptly. Harper did not specify how prompt that would be.
The extent of Johnson's backlog became known in the second quarter report.
Judge Roger Bradford, who supervises Johnson, noted on the report that "th
e dramatic increase in the magistrate's cases under advisement is due to the fact that the magistrate previously reported only cases taken under advisement during the quarter reported. The number now includes all cases the magistrate has under advisement."
Harper acknowledged that Johnson's health problems contributed to the cases under advisement. "He had serious heart problems for the last several years," she said.
Johnson also was recently ill over the winter because of those problems.
Although Johnson had 97 cases under advisement at the end of the second quarter in June, that backlog has been reduced to somewhere in the 80s, Harper said.
She also expressed respect for his work. "The man is good on the law. His decisions are generally upheld if appealed," she said. Magistrate James Johnson's backlog must be cleared by Oct. 1
07212010 - Magistrate Johnson given October 1st deadline to clear backlog of divorce cases - Magistrate James Johnson Investigation
"The cases that Porter County Magistrate James Johnson has under advisement -- that are backlogged and waiting for decisions -- will be ruled on by Oct. 1."
Porter judges take stand
Post Tribune
July 21, 2010
VALPARAISO -- The cases that Porter County Magistrate James Johnson has under advisement -- that are backlogged and waiting for decisions -- will be ruled on by Oct. 1.
That's according to a schedule set by the Porter County judges at a closed meeting Tuesday.
"We have established a plan and a schedule for having the magistrate rule on the under-advisements," said Judge Mary Harper of the Porter County Circuit Court. "He will address those cases on a steady, scheduled basis."
Porter County magistrates handle divorce, estate and other family cases. The six judges want Johnson to devote himself full-time to eliminating the backlog, so they are also looking to appoint a probate commissioner to assist with current cases.
"We agreed that we need to keep the business of the court current while the magistrate works on the backlog," Harper said.
As the county's Circuit Court Judge, Harper will preside over a public hearing Friday at 11:30 a.m. to determine if there's a need to appoint a probate commissioner. It was a matter all the judges agreed to.
"The probate commissioner status has been used before when there was a case overload," Harper said. "It's not in regard to Magistrate Johnson. It's in regard to getting the people's work done."
Johnson was a probate commissioner before becoming a magistrate, as was Katherine Ratliff Forbes in Superior Court 2 and Judge Jeffery Thode of Superior Court 6.
If a probate commissioner is determined to be needed, a person will be put in place promptly. Harper did not specify how prompt that would be.
The extent of Johnson's backlog became known in the second quarter report.
Judge Roger Bradford, who supervises Johnson, noted on the report that "th
e dramatic increase in the magistrate's cases under advisement is due to the fact that the magistrate previously reported only cases taken under advisement during the quarter reported. The number now includes all cases the magistrate has under advisement."
Harper acknowledged that Johnson's health problems contributed to the cases under advisement. "He had serious heart problems for the last several years," she said.
Johnson also was recently ill over the winter because of those problems.
Although Johnson had 97 cases under advisement at the end of the second quarter in June, that backlog has been reduced to somewhere in the 80s, Harper said.
She also expressed respect for his work. "The man is good on the law. His decisions are generally upheld if appealed," she said. Magistrate James Johnson's backlog must be cleared by Oct. 1
Indiana magistrate to get help clearing case backlog
WTHR News
Updated: Jul 22, 2010 6:06 AM CDT
Valparaiso - A northwest Indiana magistrate will get some help catching up on a backlog of court cases over the next few months.
A public hearing will be held Friday in Porter Circuit Court in Valparaiso on a proposal to hire a part-time probate commissioner to hear new cases scheduled before Magistrate James Johnson.
Johnson had 97 cases he had not yet ruled on by the end of June, compared with just three cases pending before another magistrate. Judge Mary Harper said Johnson's backlog since has been reduced to somewhere in the 80s.
Harper says Johnson's health contributed to the backlog.
Harper says the county's six judges will provide Johnson with a schedule to help him clear the backlog of cases by Oct. 1.
EDITORIAL: Speedy trials, speedy rulings
NWI Times
July 23, 2010 - 12:00 am
Porter County's judges have come up with a plan to help Magistrate James Johnson clear up his enormous backlog of pending cases. They are proposing to hire a part-time probate commissioner to hear new cases.
Porter Circuit Judge Mary Harper will hold a public hearing on that proposal at 11:30 a.m. today in her courtroom.
Depending on what surfaces at the public hearing today, the probate commissioner could be hired immediately -- meaning as soon as today.
This is a novel, but intriguing, way for Johnson to get caught up on those old cases.
The county's judges also would monitor Johnson's progress in clearing up those cases by Oct. 1.
As one of Porter County's two magistrates, Johnson deals with divorce, estate and guardianship cases.
At the end of June, Johnson had yet to rule on 97 cases, compared to just three before fellow magistrate Katherine Forbes.
The plan to hire a part-timer to allow Johnson to get caught up should be good news for the people awaiting his rulings. If their cases were assigned to another judge, they might have to go through the whole process all over again, making them go through the pain of appearing in court again, in some cases, and delaying justice even more than it already has been.
Johnson must work quickly to reduce that backlog so justice isn't delayed for the many people awaiting their rulings. He has had health issues, but the fact is that he just hasn't been able to get the job done in the time allotted.
This isn't just a matter of too much work for one person to accomplish. The county's other magistrate has been up to the task.
However, the probate commissioner must be temporary relief. What hiring that commissioner means is, in essence, that money is diverted from its intended purposes because of a county employee's inability to perform his duties in a timely manner.
For magistrates, as with any other employees, performance matters. It's either shape up or be shipped out.
The Indiana Commission on Judicial Qualifications is reportedly investigating this situation, although the agency normally won't confirm any current investigations.
The Porter County judges' response in the meantime is a practical stop-gap solution.
Should Porter County hire a temporary, part-time probate commissioner to assist Magistrate James Johnson while he clears up the backlog of cases before him?
NWI Times
July 23, 2010 12:00 am
MARK KIESLING: Magistrate's progress bears watching
NWI Times
July 23, 2010 1:55 pm
Maybe a backlog of 97 cases in one court doesn't sound like all that many, but it is if one of those cases is yours.
Judges in Porter County have acted to get some help for Magistrate James Johnson, and Circuit Court Judge Mary Harper might make a decision as soon as today about hiring a part-time probate commissioner for Johnson.
They've known about this problem for some time, but decided to act after some pesky reporters began asking questions recently about the work piling up on Johnson's desk.
Johnson's poor health was cited by Harper as a reason for the backlog, but the county's judges say he is now well enough to resume his duties and just needs some help cleaning house.
If your case is one of those 97 that is hanging fire, the news will be welcome. Johnson already has been able to pare that 97 to a number somewhere in the 80s.
What is also welcome, I guess, is that the money used to hire the temporary probate commissioner (who will not receive benefits) will not require any cash from taxpayers.
Rather, it will come out of a family fund already set up within the budget for the circuit court. I just hope that the cost is low enough that nothing that needs doing in other areas gets short-changed.
Porter County has at least acted well in advance of any serious problems, unlike a similar situation in Lake County several years ago when Criminal Court Judge Joan Kouros amassed an enormous backlog due to health problems, hundreds of cases of a criminal nature.
Johnson handles divorce, estate and guardianship cases, which also need to be settled in a timely, efficient manner.
The judges kept delaying taking the Kouros matter in hand, and it ended up with people being kept in jail who had been ordered released because of the paperwork backlog and sheer volume of work in that court.
The Indiana Supreme Court in 2004 ordered that Kouros be removed from the bench and that she also repay the state the more than $11,000 the four-year investigation cost.
Whether the Supreme Court or its Commission on Judicial Qualifications will investigate Johnson remains to be seen. A judge who knows he is amassing a backlog and waits for someone else to force help on him might need a little guidance from Indianapolis.
Nothing says Johnson should be removed from the bench for failure to perform his duty, but when he gets back to work maybe someone should look over his shoulder for a while.
The opinions are solely those of the writer.
Attorney hired to help ease court's backlog in Porter County
NWI Times
July 24, 2010
VALPARAISO | Tears welled up in Linda Moore's eyes as she described how she filed for divorce nine months ago before Magistrate James Johnson and had two hearings, yet is still waiting for a ruling.
The delay, she said, is adding to the already painful process.
Moore was one of two people who spoke out during a public hearing Friday in favor of the county judges hiring a part-time probate commissioner to handle new cases in Johnson's courtroom while he is freed up to work on a backlog of cases that had reached 97 at the end of last month.
Porter Circuit Court Judge Mary Harper, who hosted the hearing in her courtroom, issued word later in the day that attorney Mary DeBoer had been hired for the job.
DeBoer, who works with the Starke County prosecutor's office, had served as temporary judge in Johnson's court while he received medical treatment, according to a news release issued by the county judges.
The judges said DeBoer's appointment is expected to last 60 to 90 days.
The move was favored not only by the two women with pending divorces who spoke out during he hearing, but also in writing by four attorneys, Harper said.
The decision to hire a probate commissioner was made earlier this week by the county judges.
Harper said earlier this week that Johnson will be given a weekly schedule designed to guide him through the backlog of cases by Oct. 1. The county's six judges constantly will monitor his progress, she said.
While fellow Magistrate Katherine Forbes had just three cases under advisement at the end of last month, Valparaiso resident Janet Miller, who spoke out during Friday's hearing, said afterward her divorce case has been pending before Forbes since July 2005.
The divorce itself has gone through, she said, but there has yet to be a settlement on assets.
The backlog before Johnson reportedly has triggered a state investigation, though officials there will not comment.
While Johnson's poor health has contributed to the backlog of cases, Harper said she believes he now is doing well enough to resolve the problem.
Johnson has served as a magistrate since 1989. He and Forbes handle divorce, estate and guardianship cases.
The part-time probate commissioner, who will be hired on an hourly basis without benefits, will be paid out of a family court fund within the circuit court budget, Harper said.
07242010 - News Article - Attorney is hired to help ease backlog - Hearing sheds light on the pain of trial delays - Magistrate James Johnson judicial investigation
Probate commissioner named to help magistrate with cases
Post Tribune
July 24, 2010
VALPARAISO -- A probate commissioner has been assigned to help Magistrate James Johnson with a backlogged divorce and probate cases.
Porter County's Circuit Court Judge Mary Harper ruled during Friday morning's public hearing that there is a need for one, and after 2 p.m., Harper issued a press release naming Attorney Mary A. DeBoer of Valparaiso as the appointment, made by the six Porter County judges, for 60 to 90 days.
DeBoer served as a temporary judge while Johnson was receiving medical treatment, a news release stated.
"The appointment of a probate commissioner is necessary to protect the interests of litigants," Harper said at the public hearing.
She added that her court budget has adequate funding to pay for the hourly position, but didn't say how much it will cost.
The judges first discussed the possibility of a probate commissioner on Wednesday, in a closed meeting addressing Johnson's backlog of cases under advisement.
After that meeting, Harper said that the commissioner was being considered to work on incoming cases while Johnson worked to close cases he has under advisement.
His illness this winter aggravated the backlog, Harper said then.
At the end of the June quarter, Johnson had 97 cases under advisement, although he reduced that into the 80s this past week.
The judges imposed a schedule Wednesday for him to finish by October.
Johnson did not attend the public hearing, although his supervising judge, Roger Bradford, appeared with their shared staff.
Two women spoke from the gallery at the hearing, both in favor of a probate commissioner appointment to speed up cases.
Linda Moore of Valparaiso said she filed for divorce in September and has had two hearings but no rulings. Janet Miller of Valparaiso said her case is in Magistrate Katherine Forbes's court, and although her divorce was granted in March 2009, there's still no settlement and the next date is next March.
As probate commissioner, DeBoer will conduct hearings and address
probate and divorce cases.A 1993 graduate of Valparaiso University School of Law, she worked extensively in the Starke County Prosecutor's office and served in the Porter County Prosecutor's office.
DeBoer was also a magistrate in Starke in 2005 and 2006.
08092010 - Complaints filed against Magistrate James Johnson, w/ Indiana Judiciary Commission: Continued Retaliation; Failure To Protect/Uphold PPO/Arrest Warrant; Failure To Adhere To Indiana/Porter County Divorce Laws, etc.
************************
08092010 - Complaints filed against Attorney Jeff Shaw - Indiana Disciplinary Commission
************************
08092010 - Complaints filed against Attorney Donald Rice - Indiana Disciplinary Commission
************************
08162010 - Letter From Indiana Commission On Judicial Qualifications - RE: Magistrate James Johnson - Complaints to be added to the Commission's agenda
************************
09222010 - Faxes to Porter County Judges - Magistrate Johnson's refusal to sign August court order - Immediate distribution of property settlement - Retaliation for having reported Johnson to Judiciary Commission? Divorce Case - CAUSE NO: 64D01-0708-DR-7804/Porter County Superior Court, Valparaiso IN
************************
| From: | Renee' <sur5er1998@aol.com> |
| To: | jdavich <jdavich@post-tribune.com> |
| Subject: | Investigation of Magistrate Johnson |
| Date: | Wed, Sep 22, 2010 3:23 pm |
Jerry,
A friend suggested that I contact you. Are you covering the judiciary commission's investigation of Magistrate Johnson? I am one of the complainants ;) I have gone to the county judges with info and I have also filed formal complaints against Johnson with the Judiciary Commission. I would really like to talk to you. What is happening over at the Valpo court involves more than Johnson just failing to issue decisions in cases. I will be mailing you what I recently sent the county judges regarding Johnson.
Renee' Harrington
219-508-2321
A friend suggested that I contact you. Are you covering the judiciary commission's investigation of Magistrate Johnson? I am one of the complainants ;) I have gone to the county judges with info and I have also filed formal complaints against Johnson with the Judiciary Commission. I would really like to talk to you. What is happening over at the Valpo court involves more than Johnson just failing to issue decisions in cases. I will be mailing you what I recently sent the county judges regarding Johnson.
Renee' Harrington
219-508-2321
************************
09282010 - August court order finally signed - Immediate payment of property settlement due to me - Judge Bradford rubber stamped his signature over signature of another Judge on order - Judge's signature on CCS Entry Form, ordering me immediate payment of property settlement, is not Bradford's or Johnson's
************************
Magistrate still working on backlog
NWI Times
October 07, 2010
VALPARAISO - An Oct. 1 deadline has passed without Porter County Magistrate James Johnson catching up on a backlog of cases pending in his court.
Johnson, who was out sick for nine days since being given the deadline a couple months ago, has completed much of the work and has been given a couple extra weeks to wrap up the job, according to his supervisor, Porter Superior Judge Roger Bradford.
Bradford said he and temporary judges will cover the current caseload in Johnson's court over the next couple of weeks.
The judges had been relying on attorney Mary DeBoer to hear the new cases while Johnson worked on the backlog.
Bradford said once the work on the backlog is complete, he assumes Johnson will return to his post in the court with a plan in place to avoid future delays in cases.
Porter Circuit Court Judge Mary Harper said the judges are scheduled to meet next month.
While this issue has not yet been placed on the agenda, she said the judges will discuss the next step with Johnson after he completes his work.
It was her understanding Johnson had whittled the backlog of cases down to the low 20s from a high of 97 at the end of June.
He and fellow Magistrate Katherine Forbes handle divorce, estate and guardianship cases.
************************
10072010 - Magistrate Johnson Investigation - Confidential Caution ??? Divorce Case - CAUSE NO: 64D01-0708-DR-7804/Porter County Superior Court, Valparaiso IN
Not sure if this is Magistrate Johnson's investigation. If so, why did the Commission only report 1 case and not the backlog of cases Johnson had of approximately 100 cases?
Examples of complaints resolved by Confidential Cautions
Office of Indiana Judicial Administration
************************
10072010 - Unlawful police entry - Failure of Portage PD to uphold Criminal No-Contact Order - Cause #64D06-CM-8254 - Porter County Superior Court/Portage Indiana
************************
10112010 - Fax to Porter County Judges - Unlawful police entry: 10072010
************************
10132010 - Magistrate Johnson - Response to 10072010 unlawful police entry - Divorce Case - CAUSE NO: 64D01-0708-DR-7804/Porter County Superior Court, Valparaiso IN
************************
04182011 - Email To: Portage Mayor Olga Velazquez - RE: Unlawful police entry -- Porter County Indiana -- Cause No. 64D01-0708-DR-7804
-----Original Message-----
From: Renee' <sur5er1998@aol.com>
To: OVelazquez@portage-in.com
Sent: Mon, Apr 18, 2011 7:21 am
Subject: Renee' Harrington= meeting
Mayor Velazquez,
Would it be possible for you to set up a meeting to meet with me this week. I have Tuesday and Wednesday off from work this week.
This is an urgent matter, concerning an incident with your police department on October 07, 2010. City Attorney Rhame may be able to fill you in on this, as he talked to the officers at the scene of the incident and they refused to follow his direction / legal advice.
I did not come forward / file a complaint at the time, because the police had terrified me and I was afraid of what they would do to me if I reported this incident.
Please contact retired sheriff deputy John XXXX., and inquire as to what he overheard your officers discussing on the radio the day of October 7th [219-XXX-XXXX].Then contact attorney Rhame and ask him to check my divorce file and ask him to disclose to you what my ex claimed he had in available funds.
Again, I did not step forward / file a complaint, because I was terrified of what your officers would do to me.
Recently, I discovered that my ex is living in Portage. This terrifies me, as I work and live in Portage...and the October 7th incident with your officers has left me to believe that I have no protection against my ex.
The reason I am contacting you now, is that the Portage PD gave my ex my dogs [the dogs that he had previously abused and threatened to kill]. The officers told me I could not have my dogs and that I could only contact them "if they end up dead". Although I know where the dogs are now located, I do not have the right [per your officers] to obtain my dogs. I am terrified my dogs are being abused and I want to be reunited with my dogs / rescue them from my abusive ex.
Please contact Deputy XXXX. What he overheard your officers discussing on the radio will convince you and Rhame, that they did not have to handle the call the way they did. Your officers withheld information from you and the city attorney.
I would be interested to hear how you intend to correct this matter.
I can be contacted at work today: 219-XXX-XXXX.
Thank you for your time,
Renee' Harrington
************************
04242011 - Domestic Violence murder of Cynthia Cashner - Portage Indiana - Magistrate James Johnson divorce case
Husband held in Portage shooting death of wife
Post Tribune
April 25, 2011 - 11:54AM
Updated: August 4, 2011 - 4:20PM
PORTAGE — Problems at home drove Cynthia Cashner to sleep on an air mattress in her herbal business.
Cashner, shot multiple times inside the store on Sunday night with what appears to be an AK-47, had come to the building’s owner about a month and a half ago. Cashner and her estranged husband, Fredrick C. Cashner Jr., were having issues, so she asked At Nature’s Door owner Greg Fleischman if she could sleep in the shop.
"I said sure, it was not a problem," said Fleischman on Monday.
Cashner, 50, worked at Fleischman’s health food store for a year and a half, and he had lent her the upstairs space to start her Mystic Moon herbal business.
"She was very nice and caring," Fleischman said, "that’s why she became an herbalist."
Police have Fredrick Cashner, 54, in custody.
Fredrick Cashner was booked initially on a murder charge, but the Porter County prosecutor has not officially filed charges. The state does not allow bail for murder charges.
The incident happened at Mystic Moon, 5830 US 6, Suite B, between Swanson and Willowcreek roads.
Police responded to a 911 phone call at 10:22 p.m. Sunday where dispatchers heard only faint breathing on the other end.
Officers found signs of forced entry to the business and discovered the woman, who had been shot in the upstairs office multiple times by a high-powered rifle. The business phone lay near her.
"He came prepared because the door he broke has a burglar glass," Fleischman said, who expects the building must have been shaking.
While police were at the scene, the 911 center received a call from Cynthia Cashner’s adult son, who told dispatchers that his stepfather called and told him that he had just shot his estranged wife to death.
Portage police then contacted the Porter County Sheriff’s Police for assistance in going to the residence and talking to the Fredrick Cashner.
Police believed from evidence at the murder scene and during the investigation, that Cashner owned an AK-47.
Once police obtained a warrant, the county SWAT team entered the residence and took him into custody without incident.
Cashner refused to answer any questions during interrogation at the Portage Police Department. Porter County Coroner Chuck Harris said a forensic autopsy of Cynthia Cashner is scheduled for 11 a.m. Tuesday. He expects results to be available about 4 p.m.
Harris declined to give a possible cause of the death or confirm reports that the woman had been both shot and stabbed.
Harris did say that she hadn’t been hospitalized after police discovered her.
Cynthia Cashner filed for divorce March 23. On April 5, Magistrate James Johnson’s court filed a provisional order that gave her a 1999 Cadillac and him two other vehicles. He was named responsible for all marital bills and required to keep her on his health insurance during divorce proceedings.
************************
05132011 - Email to: Portage Police Chief Mark Becker, Mayor Olga Velazquez - Police Complaint Form request - October 2010 unlawful police entry -- Porter County Indiana -- Cause No. 64D01-0708-DR-7804
From: Renee' [mailto:sur5er1998@aol.com]
Sent: Friday, May 13, 2011 2:05 PM
To: Mark Becker; Olga Velazquez; johnrhame@rhameandelwood.com
Subject: Police Complaint Form request
Sent: Friday, May 13, 2011 2:05 PM
To: Mark Becker; Olga Velazquez; johnrhame@rhameandelwood.com
Subject: Police Complaint Form request
Chief Becker,
Could you please email [sur5er1998@aol.com] or mail me [6003 Central Ave., Portage IN 46368] an official police complaint form, so I may file it in regards to the October 7th police incident? I could not find a complaint form on the Portage PD website to download. I am too terrified to come into the police department and obtain a police complaint form.
I have heard that the police officers at your department are quite mad regarding my recent inquiry into the October 7th incident. I was also informed that all the officers know who I am and about my recent complaint. Some officers are under the false impression that I have already filed a lawsuit against the City. Some officers are spreading false rumors that officers may loose their jobs, over the October 7th incident. This has of course spread much hatred towards me, by your officers. It has set me up for retaliation, and has also re-enforced in me that I have absolutely no police protection from my abusive ex-husband. I cannot express enough to you, how terrified I am of both your officers and my ex.
This matter needs to be resolved ASAP so I can rescue my dogs and I can return home to Michigan / escape my abusive ex. Hopefully, my filing an official police complaint will speed up the process of finding a resolution to the October 7th incident.
Thank you for your time,
Renee' Harrington
CC:
Mayor Olga Velaquez
City Attorney John Rhame
************************
05162011 - Email from Police Chief Becker - Deaths of my dogs, Abbi and Bailey
| From: | Mark Becker <MBecker@portage-in.com> |
| To: | Renee' <sur5er1998@aol.com>; Olga Velazquez <OVelazquez@portage-in.com>; kenelwood <kenelwood@rhameandelwood.com> |
| Subject: | RE: Police Complaint Form request |
| Date: | Mon, May 16, 2011 8:36 pm |
Ms. Harrington I am sorry that you have lost your dogs,
however based upon the information provided to Captain Vaughan
and the ensuing investigation he conducted, I do consider this matter closed.
As you noted in your email, your former husband "killed" your dogs, or at least
signed over the paperwork approving them to be put down.
Why he would have done so is something I cannot answer.
mjb
************************
NOTE: When a Judge/Magistrate resigns during the midst of a judiciary investigation, the State's investigation comes to a halt - including the investigation of any retaliatory actions taken by the Judge/Magistrate against the whistle-blower
Porter County magistrate stepping down
Post Tribune
May 24, 2011
Updated: August 4, 2011
VALPARAISO — Magistrate James Johnson tendered his resignation on Tuesday after serving 22 years on the bench.
The resignation follows a week where the 64-year-old Johnson was gone for an undisclosed illness. His last day is scheduled for Aug. 1.
"I’m not longer able to perform my duties," Johnson wrote in a resignation letter to Porter Superior Court Judge Roger Bradford.
Johnson has a history of heart problems that have led to a caseload backup, necessitating the county judges to assign a probate commissioner to catch them up.
He recently had medical procedures done in January.
Bradford said that there is a backload of cases but "nowhere near what it was before."
Johnson wasn’t available for comment.
The six Porter County judges are responsible for selecting a replacement for Johnson, and they’ll announce a procedure for that after their June 14 meeting.
Johnson will no longer take on new cases as of the end of this week so that he can finish his current caseload by August.
Bradford said if the magistrate finishes one a day, he’ll be done with his caseload before August.
A magistrate usually handles divorce, family law and estate cases.
In July 2010, Johnson had about 97 cases backlogged.
Johnson is a 1974 graduate of the Valparaiso University School of Law and has been a deputy public defender and a deputy prosecuting attorney.
Porter County magistrate resigns amid case backlog
NWI Times
May 24, 2011
VALPARAISO - A Porter County magistrate who had amassed a large backlog of cases has tendered his resignation.
Magistrate James Johnson will stop hearing cases at the end of this week and will officially retire Aug. 1, said Porter Superior Court Judge Roger Bradford, who supervises Johnson. Johnson will use that time to clear the cases, Bradford said.
Johnson's backlog of cases came to light in July 2010 when the courts reported he had 97 cases he had not yet ruled on. A part-time probate commissioner was hired to help clear the backlog.
Bradford on Tuesday said the situation with Johnson's cases had improved for some time, but he had fallen behind again. Bradford did not disclose the number of cases pending currently before Johnson, but he did say it was not as high the 97 cases reported last summer.
Johnson is one of Porter County's two adult magistrates who handle divorce, estate and guardianship cases.
Johnson, 64, is a 1974 graduate of the Valparaiso University School of Law and served as a deputy public defender and deputy prosecutor. He was appointed as Porter County probate commissioner in April 1989 and became a magistrate in 1995.
Bradford said the selection process for Johnson's replacement will be decided at a June 14 meeting of all the Porter County judges.
Magistrate James Johnson tenders his resignation
Post Tribune
May 25, 2011
VALPARAISO — Magistrate James Johnson tendered his resignation on Tuesday after serving 22 years on the bench.
The resignation follows a week where the 64-year-old Johnson was gone for an undisclosed illness. His last day is scheduled for Aug. 1.
“I’m not longer able to perform my duties,” Johnson wrote in a resignation letter to Porter Superior Court Judge Roger Bradford.
Johnson has a history of heart problems that have led to a caseload backup, necessitating the county judges to assign a probate commissioner to catch them up.
He recently had medical procedures done in January.
Bradford said that there is a backload of cases but “nowhere near what it was before.”
Johnson wasn’t available for comment.
The six Porter County judges are responsible for selecting a replacement for Johnson, and they’ll announce a procedure for that after their June 14 meeting.
Johnson will no longer take on new cases as of the end of this week so that he can finish his current caseload by August.
Bradford said if the magistrate finishes one a day, he’ll be done with his caseload before August.
A magistrate usually handles divorce, family law and estate cases. In July 2010, Johnson had about 97 cases backlogged.
Johnson is a 1974 graduate of the Valparaiso University School of Law and has been a deputy public defender and a deputy prosecuting attorney.
05312011 - Domestic Violence murder of Cheryl Miller - Kouts Indiana - Porter County divorce case
Kouts murder-suicide leaves parents dead, son homeless
Post-Tribune (IN)
June 1, 2011
As the burnt house smoldered Tuesday, nine hours after the fire, Porter County Sheriff’s Police were still investigating the apparent firebombing death of a Kouts woman at the hands of her estranged husband.
Police responded to 1269 S. County Road 200E in Pleasant Township in rural Kouts, at approximately 3 a.m. Tuesday for a domestic disturbance that claimed the lives of Frederick Miller, 59, and his wife, Cheryl Miller, 52, Porter County Coroner Chuck Harris said.
Police said the husband came to the residence and threw a flammable device through a window. The man’s estranged wife and the couple’s 19-year-old son, J.J., were home at the time. The son was able to escape and called police after hearing several gunshots from near the residence, police said.
The Millers lived on a dead-end gravel road. The nearest neighbor’s house cannot be seen from their residence.
When police arrived, they saw the residence fully engulfed in flames, and found Cheryl Miller dead in the driveway. Frederick Miller was also found dead on the property from an apparent self-inflicted gunshot wound, according to a news release.
Family acquaintance Kris Hendrickson, who has known the family for 12 years, said her two sons were friends with J.J. Miller, and her sons were with J.J. late Monday evening. Hendrickson also knew Cheryl Miller as a customer at the post office where Hendrickson works.
“The mom always came into the post office,” Hendrickson said.
Hendrickson said she chatted at length with Cheryl Miller during the woman’s frequent post office trips.
Harris said an autopsy on both will likely take place Wednesday, but it appears both Millers died from gunshot wounds in a murder-suicide.
In April, Frederick Miller was removed from the home by police, a Porter County Sheriff’s Department release noted.
According to the Porter County Clerk’s Office, Cheryl Miller applied for a protective order from her husband. A Porter County judge granted her the order in April and declared the husband be removed from the residence. The couple filed for divorce April 13.
Cpl. Larry Laflower, public information officer for Porter County Sheriff’s Department, said protective orders are common when couples who file for divorce have a violent relationship.
Porter County Sheriff’s Department detectives are handling the investigation, along with the Porter County Coroner’s Office.
Caption: Deadly scene: Porter County Sheriff’s Police detective Bill Young (left) and Kevin Cusic work the scene of a murder-suicide Tuesday in rural Kouts. Authorites believe Cheryl Miller, 52, was shot to death by her estranged husband Frederick, 59, after he firebombed their Pleasant Township home. Miller then shot himself. The couple’s son was able to escape and call police. | Andy Lavalley~Sun-Times Media Andy Lavalley
Applications being accepted for magistrate
NWI Times
June 15, 2011
VALPARAISO | Applications are now being accepted for the position of magistrate of Porter Superior Court 1.
The application form is available in the court administrator's office on the fourth floor of the county courthouse.
A copy of the completed application must be submitted to each of the county's six judges on or before July 8.
A replacement is being sought for Magistrate James Johnson, who has stopped hearing cases and will officially retire Aug. 1.
Johnson had made the news after amassing a large backlog of cases.
************************
06162011 - Email To Mayor Velazquez and Chief Becker - City official Carl Fisher's confrontation [06152011]
From: Renee' <sur5er1998@aol.com>
To: ovelazquez <ovelazquez@portage-in.com>; mbecker <mbecker@portage-in.com>
Subject: Fisher's confrontation
Date: Thu, Jun 16, 2011 9:50 am
Mayor Velazquez
Chief Becker
Is there a reason why Carl Fisher [Board member of the Portage Parks], came into my place of employment [Portage Marathon @ 6003 Central Avenue], last night /June 15th and very loudly and angrily confronted me? His angry comment regarding my dogs' deaths with: “Whatever!” was extremely cruel. Fisher's loud confrontation and remark about my dogs was witnessed by another employee and several customers.
I am left to assume that this confrontation of Fisher's was due to the complaint I filed against the police department. The last time I saw Fisher in my place of employment was in November 2010...after I had filed a complaint with the corporate ReMax office, concerning Fisher's questionable sale of my home [in violation of two court orders].
After the October 7th police incident, I have no police protection from my abusive ex-husband [who has a criminal conviction for his threat to kill me / violation of a PPO]. I am dealing with my ex's recent killing of my dogs, for which my ex is not being criminally charged for. The significance of my ex's killing of my dogs and this being one of the warning signs of the danger of me possibly being killed by my ex, is lost on the Portage PD. In addition, the two recent domestic violence murders in Porter County last month, has me and every domestic violence victim in the county walking on eggshells and looking over our shoulders.
Yes, I know how much danger I am of being killed by my ex. But there is nothing I can do about it. Please do not send your city employees / officials into my place of employment to take advantage of my vulnerability and reinforcing the vulnerable situation I am in. I already know how much danger is. The problem is that you don't care.
Renee' Harrington
I've said my peace...but Carl Fisher wants to continue the confrontation.
Portage City Official Carl Fisher: 0 points.
************************
DeBoer hired as new Porter County magistrate
July 18, 2011 11:30 am
By Bob Kasarda
VALPARAISO - After attempting to help Magistrate James Johnson dig his way out from under a backlog of court cases, Mary DeBoer has been named as Johnson's replacement.
The county's six judges chose DeBoer from 14 applicants, based in part on her experience as a full-time magistrate in Starke County and in helping the court in Porter County, Porter Superior Judge Roger Bradford said.
DeBoer said she is looking forward to getting back to work Aug. 1 on the court's divorce, probate and guardianship cases.
"I really love being on the bench," she said.
The county's judges announced in May that Johnson was resigning, wrapping up a 15-year career on the bench buried beneath an ongoing backlog of cases.
The backlog first came to light in July 2010, at which time DeBoer was brought in to help ease the load. The situation improved for a short time, but Johnson again fell behind.
DeBoer said she served as a full-time magistrate in Starke County during 2005 and 2006. She also had served as a deputy prosecutor there and in Porter County.
She and her husband, David, most recently have been in private practice together.
08012011 - Porter County Magistrate James Johnson RESIGNS Amid Case Backlog
Porter County magistrate stepping down
By James D. Wolf Jr. Post-Tribune correspondent
Updated: August 4, 2011
VALPARAISO — Magistrate James Johnson tendered his resignation on Tuesday after serving 22 years on the bench.
The resignation follows a week where the 64-year-old Johnson was gone for an undisclosed illness. His last day is scheduled for Aug. 1.
"I’m not longer able to perform my duties," Johnson wrote in a resignation letter to Porter Superior Court Judge Roger Bradford.
Johnson has a history of heart problems that have led to a caseload backup, necessitating the county judges to assign a probate commissioner to catch them up.
He recently had medical procedures done in January.
Bradford said that there is a backload of cases but "nowhere near what it was before."
Johnson wasn’t available for comment.
The six Porter County judges are responsible for selecting a replacement for Johnson, and they’ll announce a procedure for that after their June 14 meeting.
Johnson will no longer take on new cases as of the end of this week so that he can finish his current caseload by August.
Bradford said if the magistrate finishes one a day, he’ll be done with his caseload before August.
A magistrate usually handles divorce, family law and estate cases. In July 2010, Johnson had about 97 cases backlogged.
Johnson is a 1974 graduate of the Valparaiso University School of Law and has been a deputy public defender and a deputy prosecuting attorney.
Not sure if this is Magistrate Johnson's investigation. If so, why did the Commission only report 1 case and not the backlog of cases Johnson had of approximately 100 cases?
Examples of complaints resolved by Confidential Cautions
Office of Indiana Judicial Administration
Subscribe to:
Posts (Atom)