Luzerne County Judges

By Terrie Morgan-Besecker tmorgan@timesleader.com
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SCRANTON - A federal judge has granted a motion filed by some of the defendants in the “kids for cash” lawsuits that sought to prevent the destruction of records they say are crucial to the defense of the cases.

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The ruling by U.S. District Judge A. Richard Caputo trumps prior orders issued by the Pennsylvania state Supreme Court and special master Arthur Grim, which directed that the records of thousands of juveniles who appeared in Luzerne County court be destroyed.

Bernard Schneider, who represents the two juvenile centers at the heart of the juvenile scandal, sought an injunction, arguing the orders were overly broad and would force the centers to destroy records that are needed for the defense of several pending federal civil suits, which allege juveniles were wrongly incarcerated to profit his clients and others.

The injunction was filed on behalf of PA Child Care and its sister facility, Western PA Child Care, as well as Mid Atlantic Youth Services, the company that provided treatment programs at the juvenile detention centers.

At issue are an Oct. 29, 2009 ruling by the Supreme Court which vacated the convictions of all juveniles who appeared before former juvenile judge Mark Ciavarella from 2003 to 2008, and a Dec. 21, 2009 ruling by Grim that ordered the destruction of records relating to those convictions.

Realizing that some of the records were important to the federal lawsuits, Grim permitted certain records be preserved under seal. The order pertained only to documents filed in county court and the juvenile probation department, however. It did not protect records in the possession of the juvenile centers or Mid Atlantic Youth Services.

Caputo heard arguments on the matter last week. In his ruling, Caputo expressed reluctance to interfere in a state court ruling, but said he felt compelled to do so because the Supreme Court and Grim – though unwittingly – had placed the defendants in the federal litigation at an unfair disadvantage.

“The plaintiffs … have had evidence of their claims protected from destruction, while, at the same time, the defendants’ records or evidence needed to defend themselves are arguably subject to destruction,” Caputo wrote.

Caputo’s ruling relates only to the destruction of the records of juveniles who are involved in the federal lawsuits. It does not pertain to juveniles who are not part of the suit, or negate the Supreme Court ruling that vacates the convictions of all juveniles who appeared before Ciavarella within the stated time frame.

The order also directs that the injunction be dissolved within 30 days of the resolution of the federal civil case, which will allow for the expungement of the records to proceed.

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