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In re Danikolas12/6/2005
JUDICIAL DISCIPLINARY ACTION
The Indiana Commission on Judicial Qualifications ("Commission") has filed a disciplinary action in this Court against the Respondent, the Honorable James Danikolas, Judge of the Lake Superior Court, Civil Division 3 ("Judge Danikolas"). Article 7, Section 4 of the Indiana Constitution and Indiana Admission and Discipline Rule 25 give this Court original jurisdiction over this matter.
The Commission charged Judge Danikolas with violating Canons 1, 2, 2(B), 3(B)(2), and 3(C)(1) of the Code of Judicial Conduct by discharging Kris Costa Sakelaris ("Magistrate Sakelaris") from employment as a Lake Superior Court Magistrate in retaliation for testimony she provided during a previous disciplinary matter brought against Judge Danikolas. The present matter was tried before three Indiana trial court judges appointed to serve as masters in this proceeding. See Ind. Admission & Discipline Rule 25(VIII)(I). Following the trial, the masters filed their "Report of Findings of Fact, Conclusions of Law, and Recommendation" (hereinafter "Masters' Report") with this Court, as provided by Admission and Discipline Rule 25(VIII)(N)(1). Thereafter, the Commission filed its Recommendation; Judge Danikolas filed a Verified Petition for Review, Response to the Commission's Recommendation, and Brief; and the Commission filed a Reply.
The matter has been tried, fully briefed, and reviewed by this Court. Having considered the evidence and submissions of the parties, along with the Masters' Report, we concur with the masters that the Commission has proven by clear and convincing evidence that Judge Danikolas committed judicial misconduct. Further, we concur in and adopt the masters' recommendation that Judge Danikolas be suspended for sixty days without pay.
Factual Background
The instant case traces its beginning to 2002 and 2003, during which the Commission investigated and prosecuted a judicial disciplinary proceeding alleging that Judge Danikolas entered an ex parte order in a marital dissolution case. The Lake Superior Court had dissolved the marriage of J.D. ("husband") and M.D. ("wife") in 2000, at which time husband owed $88,400 in spousal maintenance and child support. The court reduced this amount to a judgment.
Wife eventually initiated proceedings supplemental, saying husband had paid nothing on the judgment. Magistrate Sakelaris conducted a hearing in June 2000, after which she ordered husband to provide wife's lawyer with documentation about income tax returns, an insurance policy, and debt on a vehicle. She also ordered him to begin making payments of $300 per month. Judge Danikolas counter-signed the order. See generally In re Danikolas, 783 N.E.2d 687 (Ind. 2003) (hereinafter "Danikolas I").
Several months later, wife sought a contempt citation, alleging that husband had neither provided any of the financial information nor paid the monthly amounts ordered. On January 31, 2001, Magistrate Sakelaris heard evidence and arguments by counsel for both parties on these claims. She found husband in contempt for non-payment and for violating the other parts of the earlier order. She held him in contempt and ordered him incarcerated, subject to an escrow bond. Judge Danikolas counter-signed this order as well.
Five days later, Judge Danikolas signed a form order countermanding the contempt order. As the judge later agreed, someone in husband's attorney's office supplied him with information about the case and faxed to the court the release order. He signed it without listening to any tapes or reviewing any transcripts of the trial and without notifying wife's lawyer or giving her lawyer a chance t
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