Sources: Judge off juvie bench

WILKES-BARRE – Embattled Luzerne County President Judge Mark Ciavarella has decided to step down from handling juvenile matters and has assigned Judge David Lupas to preside over the court, according to three sources.

The decision, reportedly made on Friday, comes in the midst of a controversy over Ciavarella’s handling of the juvenile court, which he has presided over for 12 years.

Ciavarella did not return phone messages Saturday seeking comment. One source said the judge indicated it was a “personal” issue.

As president judge, Ciavarella controls assignments of all judges on the court, including his own. He reportedly issued an order Friday assigning Lupas to juvenile duties. One source said the switch is supposed to take effect June 3. Lupas did not return a phone message left at his home.

Ciavarella’s handling of juvenile court cases has come under intense scrutiny since the Juvenile Law Center of Philadelphia filed a court action on April 29, exposing what it says are serious problems in the court proceedings.

The juvenile rights advocacy group has asked the state Supreme Court to overturn the judge’s rulings in hundreds of cases in which juveniles were not represented by an attorney. It took the action based on statistics that show 50 percent of juveniles who came before the judge in 2005 and 2006 appeared without a lawyer, and that nearly 60 percent of those youths were placed outside the home.

In what attorneys say was an extraordinary move, the state Department of Public Welfare and state Attorney General Tom Corbett joined in support of the petition, citing “serious concerns” that the constitutional rights of juveniles were violated.

DPW has also questioned Ciavarella’s propensity to place children in residential treatment facilities. Statistics show an average of 20 percent to 24 percent of youths who came before Ciavarella in 2005 and 2006 were placed out-of-home – nearly 2 � times the state average.

Ciavarella has passionately defended his philosophy, insisting he acts in the best interest of children. In prior interviews, he has said he was offended by insinuations that he was doing something wrong.

“I understand this has to be a very traumatic thing for the child and parent, but that doesn’t make what I do wrong,” Ciavarella said in an interview shortly after the law center filed its petition. “That’s the key thing here. It’s being portrayed like what I do is wrong, and what I’m trying to do is help these children.”

Ciavarella has said he believes his methods are more effective. He pointed to data that show Luzerne County has one of the lowest repeat offense rates in the state.

The statistics, known as Outcome Measures Reports, track the number of juveniles who commit secondary offenses while under the supervision of county probation departments.

Those figures, which are collected by the Juvenile Court Judges’ Commission, show Luzerne County’s repeat offense rate has ranged from 3.5 percent to 7.3 percent from 2004 to 2006, compared to a state average that ranged from 12.6 percent to 13.2 percent.

“I’m not here trying to punish these kids. I’m truly here to try to help. I understand some people disagree on the definition of help,” he said in a prior interview. “People have a problem with how I do that. I don’t necessarily agree with them.”

In an interview on an unrelated matter Friday, Ciavarella made no mention of his decision to step down.

He did express displeasure with stories The Times Leader has written detailing complaints of parents who are unhappy with their children’s treatment.

Ciavarella said he handles more than 1,000 cases a year and accused the newspaper of unfairly focusing on a handful of cases of unhappy parents, rather than those who are pleased with the system.

“You can nitpick one thing at a time and can allow them to vent, but I don’t think it’s a fair thing to do,” he said.

“I just had a young girl, her mom and dad were ecstatic. It turned their daughter’s life around. They couldn’t thank us enough. That happens all the time.”

It was unclear Saturday what impact Ciavarella’s reassignment will have on the Juvenile Law Center’s case, which is currently before the Supreme Court for consideration.

Laval Miller-Wilson, an attorney with the law center, on Friday said the court has not yet decided if it will take the case.

In a related matter, Miller-Wilson said there are three cases pending in Luzerne County Court in which attorneys are attempting to have incarcerated juveniles released, arguing the hearing was faulty because the juveniles were not represented by an attorney.

Miller-Wilson said one case was heard two weeks ago, and the juvenile was released and granted a new hearing to determine whether she committed the act with which she was charged.

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

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