Luzerne County Judges

October 29, 2009

State Supreme Court vacates juvenile convictions

 Update:

HARRISBURG - The state Supreme Court today vacated the convictions of all juveniles who appeared before former Luzerne County Judge Mark Ciavarella from Jan. 1, 2003 to May 31, 2009 and barred the retrial of all but a handful of those cases.

The ruling, issued this afternoon, essentially adopts in total the report submitted by Berks County Judge Arthur Grim, who was appointed in February to review juvenile cases following the arrest of Ciavarella and Judge Michael Conahan on corruption charges.

In issuing the ruling, the high court said it agreed with Grim's assessment that Ciavarella had shown a "complete disregard for the constitutional rights of juveniles who appeared before him."

"We conclude that the record supports Judge Grim's determination that Ciavarella knew he was violating both the law and the procedural rules promulgated by this court applicable when adjudicating the merits of juvenile cases without the knowing, intelligent and voluntary waiver of counsel by the juveniles," the court wrote.

Grim had also recommended that Luzerne County District Attorney's office be barred from retrying all but a handful of  cases based on the double jeopardy statute, a constitutional prohibition against trying a person twice for the same crime. Grim based that recommendation on his finding that Ciavarella engaged in intentional conduct meant to deprive juveniles of their rights. That triggered the double jeopardy statute, he said.

The Supreme Court agreed with Grim that the vast majority of cases cannot be retried, but declined to adopt Grim's reasoning regarding the double jeopardy statute. The court instead said it was granting that relief solely "in the interest of justice."

The only cases that will be permitted to be retried involve juveniles who were represented by counsel and who are still serving a sentence of incarceration or who are on probation or owe fines. In those cases, the District Attorney's office has been directed to notify Grim of which cases it wishes to re-prosecute. He will then make determinations in each case.

For the complete story read Friday's Times Leader.

 

Posted: 3:45 p.m.

The state Supreme Court today agreed that the convictions of all juveniles who appeared before former judge Mark Ciavarella between Jan. 1, 2002 and May 31, 2008 should be vacated.

 

For further details check back with www.timesleader.com

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