News

May 13, 2008

State files brief to contest juvie cases

Item claims Luzerne County youth not represented properly in court.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
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WILKES-BARRE – The state Department of Public Welfare on Monday followed through on plans to file a legal brief in support of a juvenile advocacy group’s request to have the state Supreme Court intervene in Luzerne County juvenile court cases.

The brief, filed by Allen Warshaw, chief counsel for DPW, says the high number of youths appearing in Luzerne County juvenile court without attorneys indicates there has been a “systematic deprivation of constitutional rights” of juveniles accused of committing crimes. That deprivation has likely contributed to the county’s high rate for out-of-home placement of delinquent youths.

The brief supports a court petition filed by the Juvenile Law Center of Philadelphia, which asks the Supreme Court to overturn dispositions in more than 500 cases involving youths who appeared before juvenile court Judge Mark Ciavarella without an attorney in 2005 and 2006. Data collected by the Juvenile Court Judges’ Commission show more than 50 percent of youths were not represented by attorneys.

DPW maintains the lack of legal representation is at least partially responsible for the significant disparity in out-of-home placements for Luzerne County youths compared to other counties. Statistics from the commission show an average of 24.5 percent of youths were placed in residential treatment facilities from 2002 to 2006, nearly 2 � times the state average, the petition says.

“The dramatic differential suggests many of the Luzerne County out-of-home placements were inappropriate and therefore harmful,” the legal brief says. “There can be no serious question that the rate of such placements would have been significantly lower if more juveniles had been represented by counsel.”

The Supreme Court does not accept all cases that are brought before it. DPW filed the brief in hopes it will convince the court to take jurisdiction of the case the Juvenile Law Center initiated on behalf of the youths.

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