News

August 8, 2009

Order maintains juvie records

Documents preserved under seal to litigate juvenile cases stemming from probe.

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

WILKES-BARRE – Senior Berks County Judge Arthur Grim on Friday issued an order directing that the records of all juveniles who were deemed delinquent by former judge Mark Ciavarella from 2003 to 2008 be preserved under seal.

Grim, who was specially appointed to review Ciavarella’s cases, issued the order one week after the state Supreme Court advised a federal judge that it no longer objected to preserving the records pending the resolution of two federal lawsuits that seek monetary damages from Ciavarella and multiple other defendants.

The order resolves a dispute the Juvenile Law Center, which filed one of the civil suits, had with the state’s high court regarding the preservation of court documents in the files of juveniles who seek to have their records expunged.

The Supreme Court initially opposed preserving the records once an expungement order was issued, which would have led to their destruction.

The JLC asked U.S. District Judge A. Richard Caputo to intervene, arguing that the destruction of the records before the civil case was resolved would make it virtually impossible to litigate the case.

It would also prevent juveniles who are not named plaintiffs in the suits from recovering damages, should the case be certified as a class action.

In a letter to Caputo last Friday, Zygmont Pines, court administrator for Pennsylvania, advised the judge the high court had altered its position and now agreed the records could be preserved.

Grim’s order directs that all records be held under seal in the office of the director of the juvenile probation department.

The records can be accessed only by persons authorized by Grim. The order further states that the records will be held pending the conclusion of the civil cases now pending in federal court.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179.

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