Luzerne County Judges

March 30, 2010

Juveniles, four parents to testify at public hearing

Interbranch Commission will hear testimony Thursday in Plains Township and April 12 in Harrisburg.

By Steve Mocarsky smocarsky@timesleader.com
Staff Writer
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Two juveniles and four parents of juveniles whose cases were adjudicated before former Luzerne County Judge Mark Ciavarella will testify at a public hearing Thursday in Plains Township.

That hearing and another on April 12 in Harrisburg were originally scheduled by the Interbranch Commission on Juvenile Justice for Feb. 25 but were rescheduled because of inclement weather, the Administrative Office of Pennsylvania Courts announced on Monday.

One former and two present officials with the state Judicial Conduct Board, which investigates allegations of wrongdoing against judges, and an attorney who specializes in legal and judicial ethics, are among those who will testify on April 12.

The commission is conducting a non-criminal investigation into the circumstances that led to failures in the juvenile justice system in Luzerne County. Its purpose is to determine the cause of the failures, restore public confidence and make recommendations to prevent a recurrence of a similar situation in Luzerne County or elsewhere.

Federal prosecutors allege Ciavarella and fellow former county Judge Michael Conahan participated in a $2.6 million kickback scheme connected to the construction of two juvenile detention centers and placement of thousands of youths in the facilities. The former jurists are awaiting trial.

Witnesses at the April 12 meeting are to include Patrick Judge Sr., a former chairman of the Judicial Conduct Board; Joseph A. Massa Jr., chief counsel to the conduct board; and Francis J. Puskas II, deputy chief counsel to the board. The fourth witness scheduled to testify on April 12 is attorney Samuel C. Stretton.

Massa made headlines in December when he previously testified before the commission and, along with JCB member Edwin Klett and at the advice of an attorney, refused to answer any questions relating to specific investigations the JCB has undertaken, including any involving Ciavarella or Conahan.

It was revealed in December that the JCB had an anonymous complaint accusing Conahan of wrongdoing in September 2002 – nearly two years before the board turned it over to federal authorities for a criminal investigation.

Judge, who once had business ties with Conahan, sat on the JCB at the time the complaint against Conahan was received. He served on the JCB as a lay member from 2003 until August 2007.

Statements of financial interest filed by Conahan and Judge showed they each had a financial interest in Trans Med, an ambulance company in Forty Fort, and MCJ Holdings, a Florida corporation.

Steve Mocarsky, a Times leader staff writer, may be reached at 970-7311.

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