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Friday, July 30, 2010

December 23, 2008

Motion for juveniles to be filed

Juvenile Law Center pursuing Luzerne County cases in which youth offenders did not have attorneys.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter

WILKES-BARRE – Attorneys with a juvenile advocacy group say they intend to file a motion today with the state Supreme Court renewing their request that the court overturn hundreds of Luzerne County cases in which juveniles were not represented by an attorney.

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In April, the Juvenile Law Center in Philadelphia filed a motion with the high court, asking it to force juvenile court officials to identify every case in which a child appeared without an attorney and was adjudicated delinquent – the adult court version of being found guilty.

The petition requested the court vacate decisions rendered in cases in which the youth was incarcerated or remained under probation, and that it expunge the records of all other youths whose cases had already gone through the system. The state Department of Public Welfare and state Office of Attorney General later filed briefs in support of the petition.

Laval Miller-Wilson, a senior attorney with the Juvenile Law Center, said the filing of legal briefs related to the case was completed in June. The court has yet to rule on the petition, however, prompting the center to take the unusual move of filing a “post submission communication” with the court, reminding it of the importance of the case.

“The statement we are trying to send the court and the folks up there is we have not forgotten about the youths in Luzerne County,” Miller-Wilson said.

“We filed this to notify the Supreme Court the claims are still valid and are not moot.”

The center was prompted to file its original action based on statistics that showed 50 percent of youths who went through the Luzerne County juvenile court system in 2005 and 2006 were not represented by an attorney – a figure the center said is 10 times the state average.

Miller-Wilson said that practice changed after President Judge Mark Ciavarella, who presided over juvenile court for 12 years, stepped down in May and assigned Judge David Lupas to the court.

The center is pleased the constitutional violations are no longer occurring, he said. But that does not remedy the harm that was done to past juveniles who were adjudicated delinquent without the benefit of consulting an attorney to explore a possible defense or to advise them of the consequences they could face if they pleaded guilty, he said.

“We still have hundreds of past violations of youths who appeared without counsel. Those claims still need to be heard,” he said.

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14 COMMENTS

TJ said...

"statistics showed 50 percent of youths who went through the Luzerne County juvenile court system in 2005 and 2006 were not represented by an attorney – a figure the center said is 10 times the state average." This of course occured during the 12 years that Ciavarella presided over juvenile court. This man should have been REMOVED from the bench, not just made to step down. Everyone deserves the representation of an attorney in court, INCLUDING juveniles. The arrogance of Ciavarella while presiding over juvenile court, was no different than Lokuta's misconduct. But then, Lokuta didn't belong to the "Good ole boys" club so she got booted. I'm sure by the time the Supreme Court goes through the records of those kids who appeared in front of Ciavarella WITHOUT legal representation, more than half will be overturned.

george said...

how can court officials let this happen on their watch? why is there absolutely no accountability? imagine if a citizen in the private sector erred so bad in their job, that their boss had to review everything and invalidate all the work they were paid to do. it wouldnt happen.

Rodney D said...

I hope the Commissioners carried a lot of judicial malpractice insurance for the Judge(s).

lou weiss said...

Ciavarella & Conahan are the judges that the court of judicial misconduct should be looking at & charging with ethical & moral misconduct. What a travesty & miscarriage of true justice. Richard Sprague??? Bah Humbug.

wopolock said...

I moved here about 4 yrs. ago from Upstate NY. Never have I seen a more corrupt county. Ciavarella, a lawyer for all people knows the law. The first priority of any one being accused of a crime is leagal representation. This judge violated the most basic human rights of these individuals. How is he still allowed to practice law at all? You think because he has stepped down that he will now practice law within the oath of office he took in the first place? I don't think so. This is very very sad.

Fsalt said...

Good job Ciavarella. Watch that family they hit with mugs.

N.E.O. said...

I think it is so funny when people comment who have no idea why goes on in the court system. These juveniles were told 20 times prior to court by their probation officers or police officers they have the right to an attorney. It is total BS to claim they did no know they had the right. Judge Ciavarella is a good man who cares about the children who used to come in front of him. Cut the guy a break.

cms said...

And Ciavarella sues the county because “immediate and irreparable” harm will happen to the courts? Sounds like that's been going on all along, even with the appropriate funding.

Ima DingBat said...

What I'd like to know is: Where were the Public Defender's Office attorneys while all this was going on? Each kid who should have had an attorney, and didn't get that right of representation, has an individual lawsuit against the PD's Office for their collective professional neglect. If that occurs, the County Commissioner's better bolt a steel plate across their backsides for the kind of damages that will come out of that! Merry Christmas!

Ty Webb said...

Maybe TJ is right that Lokuta wasn't a member of the Good Ole Boys Club. Then again, witch Club was Lokuta a distinguished member of? Your honor, your Honor.

jay said...

N.E.O. did you read your story? Why goes on in the court system, learn how to write. Good man!! Why is he being investigated if he is such a good man? He is a corrupt man N.E.O.!!

uneducated said...

It is a shame that people who have no idea about the court system or Judge Ciavarella feel the need to comment on these articles. EVERY child who appeared before Judge Ciavarella was advised of his/her right to legal representation. If that right was waived by (by a parent or legal guardian) then so be it. He is not required to provide legal representation for them. I wish people in this county actually knew what they were commenting on before they offered their two cents. Judge Conahan and Judge Ciavarella did more for this county than any other judge has ever done.

relic said...

Ciavarella stopped public defenders from representing juveniles as far back 2001 when my son went in front of him. His mind was made up before the hearing. This was during the time of "no execptions" for a fist fight between two high schoolers. Neither was seriously injured & they were both senteced to 3-6 months at his favorite juvi resort. Cost to parents over 40K each child, wonder how much of that money Ciavrella received as a kick back. Remove this guy already

M. Thorn said...

PD's office is a sham in itself. No one has a chance in hell when a Luzerne County PD represents them in court.....