Court Denies Juvenile Law Center’s Application for Relief on Behalf of Hundreds of Youth Claiming Violations of Civil Rights

Philadelphia, PA (January 14, 2009) – The Pennsylvania Supreme Court denied Juvenile Law Center’s application for extraordinary relief on behalf of hundreds of Luzerne County youth who have been the subjects of delinquency hearings without lawyers, refusing to accept jurisdiction over these cases and making it much more difficult for the children who have been hurt by theses practices to obtain relief. No explanatory statement or comment accompanied the Court’s decision.

“As an organization that strives to protect the legal rights of our nation’s children, we are deeply disappointed by the Pennsylvania Supreme Court’s decision to deny relief to the hundreds of youth in Luzerne county wrongly denied counsel following arrest and prosecution in juvenile court,” says Marsha Levick, Legal Director at Juvenile Law Center. “The Luzerne County Juvenile Court’s disregard of the Constitution and Pennsylvania Law was unconscionable.”

In April 2008, Juvenile Law Center filed an application for extraordinary relief. Briefing was completed in early June. State records, statements from adjudicated youth, and transcripts of Juvenile Court proceedings all confirm that since October 1, 2005, hundreds of youth in Luzerne County appeared without counsel during the most critical phases of delinquency proceedings as a consequence of unlawful waivers of counsel, resulting in unconstitutional admissions of guilt, delinquency adjudications, and out-of-home placements.

Luzerne County also happens to have one of the highest out-of-home placement rates in the state. The Pennsylvania Department of Public Welfare emphasized that fact when it filed a brief supporting Juvenile Law Center’s application for Supreme Court review. State Attorney General Tom Corbett also filed a brief supporting Supreme Court review.

Through its lawsuit, Juvenile Law Center sought to compel Luzerne Juvenile Court officials to identify every case in which a child appeared without an attorney and was adjudicated delinquent. Juvenile Law Center also sought the release of children who remain in custody or supervision as a result of these violations, and the destruction of adjudication records of children denied lawyers.

In addition to briefs from the Pennsylvania Attorney General and the Department of Public Welfare urging the Supreme Court to take jurisdiction, leading Northeast Pennsylvania newspapers (e.g., Wilkes-Barre Times Leader, Citizen’s Voice) published editorials calling for Supreme Court action.

Juvenile records have significant consequences: they follow youths into adulthood, creating barriers to education or employment and affect their ability to grow into productive members of society. Delinquency adjudications obtained through unconstitutional means subject scores of children to these consequences unnecessarily.

“As a result of our lawsuit, some proceedings and practices in Luzerne County have changed,” noted Levick. “Accused youth reportedly now receive defense counsel. While this is a welcome development for Luzerne County youth charged more recently in Juvenile Court, it does not undo past wrongs.”

Juvenile Law Center is exploring other avenues to secure relief for the hundreds of youth denied lawyers in juvenile court. Youth that were adjudicated without counsel and are still in the custody of Luzerne County Juvenile Court or on probation may be eligible for immediate relief and should contact Juvenile Law Center directly.

Juvenile Law Center is also developing a pro bono project, Project Clean Slate, which seeks to expunge (erase) the delinquency records of Luzerne County youth no longer under juvenile court jurisdiction. There exists a common misconception among youth who exit the juvenile justice system that upon reaching age 18, their records will be automatically expunged. This is simply NOT true in almost all circumstances – Luzerne County parents and youth must proactively seek expungement and are encouraged to call Juvenile Law Center at 215-625-0551 or 1-800-875-8887.

Juvenile Law Center is a national, non-profit, public interest law firm that advances and protects the rights and well-being of children in the child welfare and juvenile justice systems. Juvenile Law Center is a resource for other legal advocacy groups across the nation and in 2008 was one of eight organizations around the world to receive the prestigious John D. and Catherine T. MacArthur Foundation Creative and Effective Institutions Award. For more information contact Marsha Levick at (215) 625-0551.

Attached Documents

Jan. 26 Charging Document of U.S. Attorney (PDF)

Ciavarella Plea Agreement (PDF)

Conahan Plea Agreement (PDF)

January 29, 2009 Application for Reconsideration to the PA Supreme Court (PDF)

Exhibits to Application (PDF)

Brief of PA Department of Public Welfare (PDF)

Brief of PA Attorney General Tom Corbett (PDF)

Brief of Luzerne County District Attorney (PDF)

Response to Luzerne County District Attorney & Juvenile Court (PDF)

Exhibits to Response (PDF)

Post-Submission Communication, Dec. 2008 (PDF)

April 28, 2008 Application to PA Supreme Court:

• Part 1 (PDF)
• Part 2 (PDF)