Luzerne County Judges

November 21, 2009

Mother of juvenile ‘disappointed’

Laurene Transue of White Haven vows to continue her daughter’s lawsuit.

By Jerry Lynott jlynott@timesleader.com
Business Writer
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In the midst of a celebration Friday night, Laurene Transue’s spirits sunk a bit.

Transue was at a birthday party when informed the judge who sent away her daughter after a 60-second hearing could not be sued for allegedly violating the teenager’s constitutional rights.

“I’m very, very disappointed,” Transue said.

The White Haven woman reacted to the court order issued a few hours earlier that cut a big hole in the civil suit brought by her daughter Hillary and other juveniles incarcerated by former Luzerne County Judge Mark A. Ciavarella.

The juveniles claimed they were sent away by Ciavarella as part of a $2.6 million kickback scheme involving him and former county judge Michael T. Conahan. The former judges were paid to send youths to newly built juvenile detention centers, according to the suits pending in U.S. District Court, Scranton.

U.S. District Judge A. Richard Caputo ruled Ciavarella had judicial immunity for his actions from the bench. But Caputo also ruled Ciavarella and Conahan did not have the same protection for what they did outside the court.

The former judges face criminal charges for allegedly participating in a $2.6 million kickback scheme related to the construction of the detention centers and the placement of youths in the facilities in Pittston Township and Butler County.

Transue said the law should provide judges some protection, but not in this case.

“This is something the world is looking at,” she said.

Ciavarella incarcerated Transue’s daughter after she pleaded guilty to harassment for creating a fake MySpace page that mocked a school district official.

The proceeding lasted about a minute and Transue said she was not allowed to speak. But in 2007 she told the Juvenile Law Center in Philadelphia about their case, which was instrumental in bringing the suits against the former judges.

“When I started this with my daughter, my goal was to get my daughter out of someplace she didn’t belong,” Transue explained.

Her daughter has since enrolled in college and is doing well, said Transue.

She added her daughter’s suit will continue and vowed to fight.

“I have no intention of giving up,” said Transue.

While Transue expressed disappointment, Luzerne County District Attorney Jaqueline Musto Carroll expressed relief.

In a separate order, Caputo ruled against amending the suits to include additional claims against the county. Caputo determined the district attorney, Ciavarella and Conahan and county probation officials were state employees and the county could not be held responsible for their actions outlined in the suits.

“I was very pleased,” said Musto Carroll.

Jerry Lynott, a Times Leader staff writer, can be contacted at 570 829-7237.

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