Hundreds of Youth Potential Victims of Ciavarella Corruption Scheme
Philadelphia, PA (January 29, 2009) – Attorneys at Juvenile Law Center have submitted an expanded motion in the Pennsylvania Supreme Court, renewing their request for immediate relief on behalf of hundreds of Luzerne County youth who have been the subjects of delinquency hearings before Judge Mark Ciavarella. The motion will be officially filed on Friday.
In April, 2008, Juvenile Law Center filed an application for extraordinary relief on behalf of youth who were adjudicated delinquent without the benefit of legal counsel. The Supreme Court denied the motion, without comment, earlier this month.
State records, statements from adjudicated youth, and transcripts of Juvenile Court proceedings all confirm that 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.
In light of recent developments, Juvenile Law Center has expanded the class of those affected by Judge Ciavarella’s alleged illegal actions to include all youth adjudicated delinquent and placed in detention from 2003- May 23, 2008.
The petition states, “Only by assuming jurisdiction can this Court assure the citizens of Luzerne County and the Commonwealth that justice will be done.”
“The information filed by the U.S. Attorney this week revealed that problems in Luzerne County juvenile court were far deeper and more widespread than those we alleged in our 2008 application to the Supreme Court,” says Robert Schwartz, Executive Director, Juvenile Law Center. “Judges are expected to uphold the law and Juvenile Court judges have an added responsibility to protect and guide troubled youth. That didn’t happen for hundreds of youth in the county. There is an enormous need for an independent entity to review these cases and provide relief for every one of these youth. It is time for the Pennsylvania Supreme Court to restore public confidence in the Luzerne County Juvenile Court.”
Juvenile Law Center is asking the Pennsylvania Supreme Court to take immediate action and declare the delinquency procedures in Luzerne County a wholesale subversion of the juvenile justice system and exercise jurisdiction not only over the class of youth named in the previous application, but over the cases of all youth who were adjudicated delinquent by Judge Ciavarella during the period 2003 through May 23, 2008. The U.S. Attorney’s allegations against Judge Ciavarella, detailing unprecedented abuses of power, only underscores the harm inflicted by his unconstitutional practice of conducting delinquency hearings without counsel.
Juvenile Law Center will be holding a meeting next Wednesday, February 4th in Wilkes-Barre for families of youth adjudicated delinquent in Judge Ciavarella’s court from 2003 through May 2008 to explain next steps and answer questions. To ensure the privacy of families and involved children, the meeting is limited to affected families only and is not open to the public. More information can be obtained by contacting Juvenile Law Center by email at luzernefamiles@jlc.org or by telephone at (215) 625-0551 or (800) 875-8887 (in PA only).
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 Award for Creative and Effective Institutions. For more information contact Juvenile Law Center at (215) 625-0551.
Attached Documents
Motion for Reconsideration (1/29/09)
Charging Document of U.S. Attorney (1/26/09)
Brief of PA Department of Public Welfare
Brief of PA Attorney General Tom Corbett
Brief of Luzerne County District Attorney in Opposition to JLC's Application
Response to Luzerne County District Attorney & Juvenile Court
Media
Call Bob Schwartz or Lourdes Rosado 215-625-0551
Families
For more information, or to sign up for the family meeting, email luzernefamiles@jlc.org or call 215-625-0551 or 800-875-8887 (toll-free in PA only)
Motion for Reconsideration (1/29/09)
Charging Document of U.S. Attorney (1/26/09)
Brief of PA Department of Public Welfare
Brief of PA Attorney General Tom Corbett
Brief of Luzerne County District Attorney in Opposition to JLC's Application
Response to Luzerne County District Attorney & Juvenile Court
Post-Submission Communication, Dec. 2008
Editorial: Judges Sentenced, The Philadelphia Inquirer, 1/28/09
Judges to Serve More Than Seven Years in Prison After Pleading Guilty in Kickbacks Probe, Peter Hall And Leo Strupczewski, The Legal Intelligencer, 1/28/09
Suspension sought for two judges, Terrie Morgan-Besecker, The Times Leader, 1/28/09
Luzerne judge broke his vow to reform, John Sullivan, The Philadelphia Inquirer, 1/28/09
2 Pa. Judges to Resign & Serve Time in $2.6M Juvenile Detention Kickbacks Case, Martha Neil, ABA Journal, 1/26/09
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