My ex had also failed to abide by the provisional order and had failed to pay my utilities, during the past two years. Johnson failed to hold my ex in contempt.
Due to my dire financial situation, brought on by my ex not paying the utilities or the maintenance, my attorney had filed for a hearing on the maintenance payments. The hearing was scheduled for July 14th. Magistrate Johnson cancelled the hearing on July 14th and did not reschedule it. My gas and electricity were turned off in September due to this move by Johnson.
Johnson cancelled this hearing one week after he had been temporarily removed from the bench by the Judiciary Commission and ordered to issue rulings in more than one-hundred divorce cases. I had been the one who had blown the whistle on Johnson for his failure to issue rulings [April 2010].
Magistrates failing to keep up with case loads
July 11, 2010 12:05 am
By Bob Kasarda
http://www.nwitimes.com/news/local/porter/hebron/magistrates-failing-to-keep-up-with-case-loads/article_e0729ed8-59b7-526a-af76-b9137fce3e2f.html
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.
My divorce attorney, John Rhame, never reported Magistrate Johnson's errors in my divorce case, during this investigation.
Magistrate investigated on allegations of slow work flow
July 07, 2010 12:00 am
By Bob Kasarda
http://www.nwitimes.com/news/local/porter/hebron/magistrate-investigated-on-allegations-of-slow-work-flow/article_e8e0e375-9cb9-5cb6-a49a-394253144da6.html
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.
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