News

December 25, 2009

State motion against Mericle

Pa. Courts asks to affirm decision to redact juvenile names in defense case.

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
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SCRANTON – A state office has asked a judge to affirm its decision to redact the names of juveniles that are contained in documents sought by Robert Mericle as part of his defense against a federal lawsuit. The lawsuit was filed by juveniles who allege they were wrongly incarcerated.

The Administrative Office of Pennsylvania Courts recently filed a court motion seeking a protective order after Mericle’s attorney, Kimberly Borland, objected to the office’s decision to black out names and other identifying information contained in the records.

Borland had requested a list of all juvenile cases heard in Luzerne County from 2003 to 2008, as well as a list of cases that were in the process of being expunged. The information is part of pre-trial information gathering related to a federal lawsuit that seeks to recover damages from Mericle, who is among numerous defendants being sued by the juveniles.

In court papers, the AOPC says it redacted identifying information based on the state’s Juvenile Act, which requires that juvenile proceedings and records be closed to public review except in limited circumstances.

Borland argues the Juvenile Act does not apply because it is a state law. The suit against Mericle and the others involves federal law, therefore the decision regarding the availability of documents is governed by federal statutes.

The lawsuits allege former judges Mark Ciavarella and Michael Conahan engaged in a scheme to ensure large numbers of juveniles were incarcerated at the PA and Western PA Child Care juvenile centers that were once co-owned by their one-time friend, attorney Robert Powell.

Mericle was included in the suits because he built the two centers. Federal authorities allege the ex-judges improperly accepted more than $2.6 million from Mericle and Powell in connection with the operation and construction of the centers.

Attorneys for defendants in the cases are seeking records related to decisions Ciavarella, who served a juvenile court judge, made on the bench. Those efforts would be hampered significantly if the attorneys are unable to secure the names of the juveniles involved.

In Mericle’s case, Borland said he understands the desire to protect the confidentiality of juveniles’ records. But he said there are other means, short of redacting all names, that can be utilized.

“The court would be within its power to permit this discovery, but to place restrictions on the use and disclosure of the documents requested,” Borland said.

The court motions will be reviewed by U.S. District Judge A. Richard Caputo, who will issue a ruling at a later date.

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

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