Juvenile hearings to resume

HARRISBURG – The Interbranch Commission on Juvenile Justice will hold its next hearing regarding the Luzerne County juvenile scandal in Harrisburg on Thursday and Friday, Jan. 21-22.

Among the persons scheduled to testify are representatives from The Juvenile Court Judges Commission, which collects data regarding juvenile courts statewide, and the Juvenile Law Center, the Philadelphia-based advocacy group that first brought to light the constitutional violations that were occurring in former Judge Mark Ciavarella’s courtroom.

Stuart Ditzen, spokesman for the Administrative Office of Pennsylvania Courts, said others expected to testify include officials with the state Department of Public Welfare, Department of Education and the County Commissioners Association.

The Interbranch Commission was formed in August to investigate shortcomings within the county’s juvenile justice system that led the state Supreme Court to vacate the convictions of thousands of juveniles who appeared before Ciavarella from 2003 to 2008.

The commission previously held hearings in October and November that featured the testimony of various court officials and juveniles who were impacted by the scandal. It will hold a fourth hearing in Harrisburg on Feb. 1-2. The agenda for that hearing has not yet been set, Ditzen said.

The commission must present a report detailing its findings and making any recommendations for change to the state Supreme Court by May 31.

Ditzen said the officials from the Juvenile Court Judges Commission are expected to discuss the measures they employ in collecting and analyzing juvenile court data.

The JCJC annually prepares a detailed report that analyzes various aspects of juvenile courts, including placement rates and the types of offenses committed by juveniles.

“The commission is looking for the perspective of the JCJC as to how they saw Luzerne County and Judge Ciavarella compared to the rest of the state,” Ditzen said. “The commission is very interested in the JCJCs recommendations about what went wrong and how to fix it.”

Ditzen said the commission also wants to hear from officials with the Juvenile Law Center regarding their investigation and efforts to expose problems within Luzerne County’s juvenile system.

The center first brought the issues to light in April 2008, when it filed a petition with the state Supreme Court that sought to overturn the convictions of juveniles who had appeared before Ciavarella without an attorney.

The petition was based on statistics the law center obtained from the JCJC that showed more than 50 percent of youths who appeared before Ciavarella from 2005 to 2006 did not have an attorney – 10 times the state average.

The state Supreme Court initially denied the petition, but later reopened the case after Ciavarella and former Judge Michael Conahan were arrested on corruption charges related to the juvenile justice system.

“The Juvenile Law Center has been deeply involved in this controversy for a long time. It’s an organization that has a great deal of perspective and insight,” Ditzen said.

Ditzen said no members of the Judicial Conduct Board are scheduled to testify at the January hearings.

The commission and JCB are currently embroiled in a court battle over documents related to misconduct allegations that were filed against Conahan and Ciavarella in the years prior to their arrests.

The JCB has refused to release the documents because no disciplinary charges were brought against the ex-jurists related to the complaints. It contends the state’s constitution allows information to be released only if that occurs.

The JCB filed a petition with the state Supreme Court on Dec. 30 seeking to block the commission from subpoenaing records or testimony of its officials. The court has not yet ruled on that matter.