Seeking answers and the truth

HARRISBURG – What did they know and when did they know it?

It’s the question at the heart of the investigation into failings within the Luzerne County juvenile justice system – a question John M. Cleland, the chairman of the state commission created to probe those failings, says will be asked of lots of people, including several in positions of high power, over the next few months.

It started Wednesday with Luzerne County President Judge Chester Muroski, state Sen. Lisa Baker, R-Lehman Township and state Rep. Todd Eachus, D-Butler Township, who testified at the first of several hearings that will be held by the Interbranch Commission on Juvenile Justice.

All three were peppered with questions regarding whether they were ever advised by an attorney, court official or juvenile about concerns relating to former judge Mark Ciavarella’s handling of juvenile court.

Similar questions are expected to be asked of several other top Luzerne County officials in November, when the commission will hold a two-day hearing in the Wilkes-Barre area.

Cleland said current Luzerne County juvenile court Judge David Lupas, who was district attorney during the time many violations of juveniles rights are alleged to have occurred, is scheduled to testify. District Attorney Jacqueline Musto Carroll and Chief Public Defender Basil Russin will also be called, as will juvenile probation officials and juveniles who appeared before Ciavarella.

Cleland, a Superior Court judge, made it clear from the outset of Wednesday’s hearing that the commission intends to closely scrutinize the conduct of all persons involved in the juvenile system, not just Ciavarella and Michael Conahan, Ciavarella’s co-defendant in the corruption case that is rooted in the juvenile court system.

“Our concern is not only the action of two Luzerne County judges. Our concern is also the inaction of others. Inaction of judges, prosecutors, public defenders, the defense bar, public officials and private citizens – those who knew but failed to speak; those who saw but failed to act,” Cleland said in his opening statement. “All of those involved – whether by action, inaction or silence – whether by willful choice or benign ignorance – engaged in an assault on the fairness and impartiality of our legal system.”

The 11-member Interbranch Commission was formed in August to analyze what went wrong in Luzerne County’s juvenile system and provide recommendations to ensure those problems are not repeated elsewhere.

Ciavarella and Conahan are accused of conspiring to incarcerate youths – many for minor offenses – to ensure juvenile centers owned by their one-time friend, Robert Powell, remained full. Ciavarella is also accused of routinely violating juveniles’ rights to be represented by an attorney.

On Wednesday, Eachus told the commission he first got wind of questionable practices within Ciavarella’s courtroom in 2006, when the state Department of Public Welfare approached him and several other House members about a “spike” in the number of juveniles sent to out-of-home placements.

“The data was being collected by DPW. Unfortunately it did not get through to the court system in a way to help rectify” the problems, Eachus said.

Baker said she was never made aware of any complaints regarding Ciavarella’s handling of juvenile court. She attributes that, in part, to a reluctance of juveniles and their parents to come forward.

“Many of these folks who were involved in the system weren’t sure where to turn. When you look at the structure of the court system, they didn’t know who might be connected to whom,” Baker said. “In some cases they were afraid to come forward. As a result they just kept silent.”

The bulk of Wednesday’s testimony came from Muroski, who spoke for more than 1� hours. He provided a detailed history of developments in the juvenile scandal, then answered questions from commission members.

Most of his testimony was devoted to explaining why he and other judges failed to detect that something was amiss in juvenile court.

“There has been considerable media and public criticism about ‘Why didn’t the judges do anything – they had to know,’” Muroski said.

The answer, he said, lies partly in the secrecy of juvenile hearings, nearly all of which are closed to the public. Those who were privy to the hearings did not raise concerns, he said.

Muroski said he was aware the county’s incarceration rate for juveniles was exceptionally high. He, like others, chalked that up to Ciavarella’s zero tolerance policy of incarcerating youths for any offense, including minor charges, that were committed at school.

“We knew something might not be right with what Ciavarella was doing. But you have to understand. The public perception was a good perception. Some people admired him,” Muroski said.

Muroski cited a Nov. 28, 2008 letter to the editor written by Wilkes-Barre Area officials Anthony Testa, dean of students, and Tony George, school resource officer.

In the letter, which had been published by The Times Leader, George and Testa said they always found Ciavarella to be “fair and firm” with students.

“His concern for safe schools was always a top priority,” the letter states.” “Students who had personal experience with the judge have expressed gratitude for his involvement in their lives.”

Muroski said he did not begin to have serious concerns about the juvenile system until 2005. At the time he was presiding over juvenile dependency matters, which involve deciding whether an abused child should remain with their parents or be placed in foster care.

Muroski said he was concerned that the high placement rates for juvenile delinquents was sapping too much money from dependency court, causing delays in parents getting counseling needed to reunite them with their children. When he complained, Conahan, who was then president judge, reassigned him to criminal court.

That action, coupled with skyrocketing placement rates and his knowledge of the opulent lifestyle Conahan and Ciavarella were leading – as evidenced by the more than $800,000 Florida condominium they owned – raised his suspicion to the point he went to the FBI in 2006.

Muroski said he went to the FBI, and not the Judicial Conduct Board, which oversees the conduct of judges, because he believed the FBI was already investigating Conahan and Ciavarella.

The commission also heard testimony Wednesday from John Delaney, who served on a Supreme Court juvenile justice committee, and Carl Bucholz, vice chair of the disciplinary board of the state Supreme Court, which oversees conduct of attorneys.

Delaney detailed how the juvenile system operates, while Bucholz addressed the issue of what obligation defense attorneys and prosecutors have to report suspected violations of judicial conduct committed by a judge.

The next hearing of the Interbranch Commission will be held on Nov. 9 and 10 at the East Mountain Inn in Plains Township. Additional hearings are set for December, but a location has not yet been decided, Cleland said.

For additional photos and to read the testimony of President Judge Chester Muroski, state Sen. Lisa Baker and state Rep. Todd Eachus, visit www.times

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