Judge: Juvenile law changes attainable

HARRISBURG – Shortly before convening the last meeting of the Interbranch Commission on Juvenile Justice, Chairman Judge John Cleland said he believes all the recommendations in the report the commission was about to approve are attainable, and what gets done depends on how determined the governor and state legislators are.

“These are fiscally difficult times, the environment of politics is tough,” Cleland conceded, but that should not be a reason for inaction. “There are no pie-in-the-sky recommendations in this.”

During a press conference Thursday after the report was officially released, Cleland acknowledged the commission has no way of making sure the recommendations are acted on, but said its members will remain available to help if needed. He noted the governor and multiple lawmakers have asked about the report and expressed interest in moving forward on the recommendations.

At least three area legislators promised not only that action will be taken on the reforms, but also that it is already in the works.

Contacted after the release of the report, state Sen. Lisa Baker, R-Lehman Township, said the report is “a clear call to action for us,” and that she has previously proposed legislation that incorporates some ideas in the report. A Senate Judiciary Committee hearing has been slated for June 8 to look into possible changes.

“I think some of the recommendations can be done immediately through the court system,” Baker said. Legislative action may be slowed by the need to pass a budget by June 30, but the fact that a hearing is already scheduled shows the Senate is serious about tackling the issues quickly, she added.

“This is the end of the beginning,” Baker said. “I’m going to make sure that we follow through.”

Baker joined with House Majority Leader Todd Eachus, D-Butler Township, in pushing the legislation that created the Interbranch Commission. Eachus spokesman Bill Thomas said paperwork seeking co-sponsors for two bills that would enact reforms in the report were circulated Thursday. One would create the statewide office of Victim Advocate for Juvenile Offenders, the other would set up a victim restitution fund.

The fund is needed because thousands of juvenile case rulings by Ciavarella were vacated by the state Supreme Court as a result of the scandal, and any restitution ordered but not yet paid is no longer owed by those juveniles. Thomas said the bill would take $500,000 from one state victim’s fund that no longer needs the money and use it for the new restitution fund.

Thomas also said Eachus had previously introduced legislation designed to help ensure that juveniles appearing in court have legal representation, or that they clearly understand the consequences if they opt to waive that right, two other recommendations in the report.

State Rep. John Yudichak noted he co-sponsored the legislation forming the Interbranch Commission and said he would support the recommended reforms. “This should be a top priority for the Legislature. It’s probably the worst judicial scandal in Pennsylvania, if not the country. There are not too many things more important than the rule of law and confidence in the court system.”

Yudichak, D-Nanticoke, said he believes the reforms requiring legislation will be enacted fairly quickly. “I think many of the issues do not have a partisan edge to them. It’s just about doing the right thing.”

After the press conference in Harrisburg, Interbranch Commission Member Kenneth Horoho Jr., a Pittsburgh attorney, said the reforms regarding the Judicial Conduct Board were among the top ones he felt should be pursued.

The JCB had balked at cooperating with the commission, causing considerable debate among members before they agreed to push the issue, he said, and once they started talking it became clear there are problems in how the JCB handles complaints about judges.

One anonymous complaint against former Judge Michael Conahan was largely ignored for two years.

Substantial action regarding the JCB would require a change in the state Constitution, but Horoho said there are other parts of the commission’s work that could be embraced by local courts even without state action. “We hope the other counties will use this report to elevate their juvenile justice systems.”

Horoho said part of the problem in Luzerne County seemed to be an “ingrained culture” accepting the judge’s authority. He also said attorneys and judges must take juvenile court much more seriously and not see it as “a chance to ‘cut their legal teeth’ early in their careers.”

Which means the recommendations for more education about and emphasis on juvenile court should also be a high priority.

“I’ve long said the most important court a new lawyer can practice in, and a new judge can oversee, is juvenile court,” Horoho said “The judge has more power than in adult court.”

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Added protections for young defendants have interest of Rendell, lawmakers, he noted.

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