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October 14, 2009

Update: Muroski concludes testimony before juvenile commission

By Terrie Morgan-Besecker tmorgan@timesleader.com
Law & Order Reporter
Terrie Morgan-Besecker on Facebook | @TLTerrieMorgan on Twitter

UPDATED 1:19 p.m.

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Luzerne County President Judge Chester Muroski gives his testimony during the Commission of Juvenile Justice hearing.

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Honorable Judge John Cleland makes his opening statement during the Commission of Juvenile Justice hearing at the Pennsylvania Judicial Center in Harrisburg Wednesday morning.

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Read Judge Muroski's testimony before the ICJJ (PDF)
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HARRISBURG - Testifying before a state juvenile commission this morning, Luzerne County President Judge Chester Muroski spent the bulk of his time explaining and defending why he and other county judges failed to detect that something was amiss in the county’s juvenile court system under former judge Mark Ciavarella.

“There has been considerable media and public criticism about ‘why didn’t the judges do anything – they had to know,’” Muroski told the Interbranch Commission on Juvenile Justice.

The answer, he said, lies partly in the secrecy of juvenile hearings, nearly all of which are held behind closed doors. It also lies in the fact that those who were in those hearings – prosecutors, defense attorneys and probation officials – did not come forward to express concerns.

The reality, Muroski said, is that some people, particularly school administrators who routinely dealt with troublesome youths, supported Ciavarella’s “zero tolerance” policy of incarcerating youths for any offense committed at school, no matter how minor.

“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 said he did not begin to have serious concerns until 2006. At the time he was presiding over juvenile dependency court, which involves making decisions regarding whether an abused or neglected child should remain with their parents or be placed in foster care.

Muroski said he was concerned that the high placement rate for juvenile delinquents was sapping too much money from dependency court, causing delays in parents getting necessary counseling. When he complained, then president Judge Michael Conahan 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 their Florida condominium - raised his suspicions to the point that he went to the FBI.

Muroski also detailed some changes that have been made within the juvenile court system that he believes will help prevent abuses in the future.

At his direction, the juvenile probation department has increased scrutiny over delinquency petitions filed by school districts to ensure they warrant court action. Those officials have also been put on notice that the “zero tolerance” policy is no more.

Muroski said Judge David Lupas is also ensuring all juveniles are represented by an attorney and is closely analyzing cases, resulting in far more juveniles receiving help through alternative programs rather than out-of-home placement.

The hearing is scheduled to resume at 1:30 p.m.

For the complete story read Thursday’s Times Leader.

Posted 11:58 a.m.

The chairman of the commission investigating failings within the Luzerne County juvenile system began hearings on the matter today and made it clear: The panel will investigate the role prosecutors and defense attorneys played in the problem, not just the action of the two county judges at the heart of the scandal.

Chairman John M. Cleland said there is little doubt that the actions of former Luzerne County judges Mark Ciavarella and Michael Conahan had “disastrous consequences” on the juvenile system. But others must share some of that blame for failing to disclose problems they saw.

“Our concern is also the inaction of others. Inaction by 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 committee is currently hearing testimony by several witnesses. Luzerne County President Judge is expected to begin testifying around 10:30 a.m. regarding changes the county has made to address problems within the court system.

For further updates check back with www.timesleader.com

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Additional Photos

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Rep. Todd Eachus is sworn in by Judge John Cleland during the Commission of Juvenile Justice hearing at the Pennsylvania Judicial Center in Harrisburg Wednesday morning.

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Rep. Todd Eachus gives his testimony during the Commission of Juvenile Justice hearing.

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Senator Lisa Baker gives her testimony during the Commission of Juvenile Justice hearing at the Pennsylvania Judicial Center in Harrisburg on Wednesday morning.

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Judge John Cleland, center, asks a question of Senator Lisa Baker during the Commission of Juvenile Justice hearing at the Pennsylvania Judicial Center

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Kenneth Horoho, left, asks a question of Judge Chester Muroski, president judge of Luzerne County, as Jason Legg, and Todd Allen look on during the Commission of Juvenile Justice hearing

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Judge Chester Muroski, president judge of Luzerne County gives his testimony during the Commission of Juvenile Justice hearing at the Pennsylvania Judicial Center in Harrisburg Wednesday morning.

S.John Wilkin/The Times Leader