Lessons from Luzerne County: Promoting Fairness, Transparency and Accountability

In October 2009, in an unprecedented opinion, the Pennsylvania Supreme Court vacated former Luzerne County juvenile court judge Mark Ciavarella's adjudications of delinquency made between 2003 and May 2008. Just three months later, Special Master Arthur Grim ordered that all cases heard by former Judge Ciavarella were to be dismissed. In providing relief, the Supreme Court restored integrity to Pennsylvania's juvenile justice system and gave hope to youth who suffered enormous harm at the hands of corrupt judges.

However, it was not just the judges who failed these youth; the system failed at numerous levels. District attorneys, public defenders, juvenile probation officers, the state Judicial Conduct Board, private attorneys and other court personnel--everyone connected to the juvenile justice system in Luzerne County failed these children. What safeguards, policies and methods of accountability permitted this toxic environment to flourish? How can we prevent another Luzerne tragedy? How can we make sure that Pennsylvania's juvenile justice system dispenses justice equally and with the same high standards in every county? This report aims to answer these questions, with the hope that legislators will recognize the systemic failures brought to light by the Luzerne County "kids-for-cash" scandal and enact measures to guarantee the rights of all children in Pennsylvania's juvenile justice system.

The recommendations we propose are organized under six topic areas, each representing a chapter:

• Ensuring Access to Counsel
• Instituting Meaningful Appellate Review
• Increasing Transparency and Accountability in the Juvenile Justice System
• Reducing Referrals to the Juvenile Justice System
• Ensuring Respectful and Appropriate Treatment of Youth in Detention or Placement and in Court
• Reducing the Consequences of Juvenile Records