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December 5, 2009

Investigator allowed to review juvenile transcripts

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
Terrie Morgan-Besecker on Facebook | @TLTerrieMorgan on Twitter

WILKES-BARRE – An investigator for the commission investigating failings with the Luzerne County juvenile justice system has been granted permission to review the transcripts of cases that were examined by the special master appointed to review cases handled by former judge Mark Ciavarella.

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Juvenile Commission hearing schedule

The Interbranch Commission on Juvenile Justice will hold hearings on Monday and Tuesday at the East Mountain Inn in Plains Township. The following is a general schedule of testimony that will be presented.

Monday:

9-10:30 a.m. - School officials

11-12:30 p.m. - Assistant district attorneys

12:30-1:30 p.m. – Break

1:30-3 p.m. – Assistant public defenders

3:15-6 p.m. – Juvenile Probation officers

7-9 p.m. – Juveniles and their families

Tuesday:

9-11 a.m. – Zygmont Pines, state court administrator

10-10:30 a.m. – Break

10:30-noon – Judicial Conduct Board officials

noon-1 p.m. - Break

1-2 p.m. – Luzerne County commissioners

Senior Berks County Judge Arthur Grim filed a court order Friday with the state Supreme Court that gives attorney William Fisher permission to review the transcripts. Fisher will be permitted to take notes, but he may not photocopy or duplicate the transcripts without prior permission from Grim.

Grim examined the transcripts of 51 juvenile cases that were heard by Ciavarella. The transcripts revealed that many of the hearings before Ciavarella lasted just minutes and that the judge failed to abide by mandates designed to protect juveniles’ constitutional rights.

The transcripts, coupled with other evidence, led Grim to recommend that the convictions of all juveniles who appeared before Ciavarella from 2003-08 be vacated. The state Supreme Court in October approved that recommendation.

Fisher is one of the investigators working for the Interbranch Commission on Juvenile Justice, which was formed in August to investigate shortcomings within the system that allowed the abuses to occur. The commission had asked to review the transcripts as part of its investigation.

The 11-member commission has already held two public hearings. It is will hold a third hearing at the East Mountain Inn in Plains Township on Monday and Tuesday, beginning at 9 a.m. The hearings are open to the public.