Judge picked to review Ciavarella juvenile cases

By Terrie Morgan-Besecker tmorgan@timesleader.comLaw & Order Reporter

The state Supreme Court has appointed a senior Berks County judge to review potentially thousands of cases that were handled by Luzerne County juvenile court judge dating back to 2003.

In appointing Senior Judge Arthur E. Grim, the high court said it wanted to ensure a thorough review is conducted of all cases to determine whether a “travesty of juvenile justice” occurred under Ciavarella’s tenure, and, if so, to take whatever action is necessary to provide relief to the affected juveniles.

That relief could include holding new hearings, filing petitions to expunge their records or to vacate their adjudications entirely, the court said.

The court was prompted to act following the filing of criminal charges on Jan. 26 against Ciavarella and Judge Michael Conahan that alleged, in part, the judges profited from Ciavarella’s sentencing of juveniles to detention centers once owned by Butler Township attorney Robert Powell.

Ciavarella and Conahan are scheduled to plead guilty today to charges that they accepted more than $2.6 million in kickbacks in exchange for rulings that benefited the detention centers.

“We are very pleased and applaud the court for taking the step of appointing a special master,” said Marsha Levick, an attorney with the Juvenile Law Center in Philadelphia, the agency that filed the petition that led to the court’s action. “Judge Grim is an excellent choice. They’ve granted him broad discretion to fashion relief for thousands of kids, which is a critically important step in the process.”

The law center asked the court to review Luzerne County cases after data showed that more than 50 percent of children who appeared before Ciavarella in 2005 and 2006 were not represented by an attorney. The county’s juvenile detention placement rate was also significantly higher than the state average.

The Supreme Court’s order directs Grim to identify juveniles who were not represented by an attorney and those who were committed to the Pa. Child Care and Western Pa Child Care detention centers. Grim will then recommend to the court whether a child should be granted a new hearing, or whether to grant a petition to expunge their record or vacate their adjudication.

In deciding whether to a recommend a new hearing, the court directed Grim to consider whether the youth is still subject to jurisdiction of the juvenile court.

Levick said she expects most cases will be resolved by filing petitions to expunge records, because the vast majority of affected youth are no longer under the jurisdiction of the juvenile court.

District Attorney Jacqueline Musto Carroll and Luzerne County President Judge Chester Muroski vowed they will provide “complete cooperation” to Grim. Muroski said arrangements have been made for Grim to occupy a chamber in the Penn Place building to ensure he has full access to all files he needs.

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