On Thursday, the tables turned against the 61-year-old former judge as he found himself on the receiving end of a 28-year prison sentence that in all likelihood assures he will spend essentially the rest of his life in prison. He was also ordered to pay nearly $1.2 million in restitution. Continue reading…

Click here to read the JLC’s full comment.

The Rules Committee meets in May and will then make a recommendation to the Supreme Court, which may adopt the rule within weeks or take more time before doing so.

On Friday, February 18, a federal jury in Scranton convicted former Luzerne County Judge Mark Ciavarella of 12 counts, including racketeering and conspiracy, and acquitted him of 27 counts, including extortion. In a corruption case that garnered international attention, federal prosecutors accused Ciavarella of taking more than $2 million in bribes from the builder of the PA Child Care and Western PA Child Care detention centers and extorting hundreds of thousands of dollars.

Robert Schwartz, Executive Director of the Juvenile Law Center (JLC), which represented many of the victims in this corruption scandal, commented on the conviction, saying:  “The children and families of Luzerne County have seen today that the rule of law matters, and that even a person who has worn a judge’s robe must pay the piper.”

It’s been more than three years since families contacted the JLC to complain about Luzerne County’s Juvenile Court process, where children were being sent away to juvenile justice facilities after a two-minute hearing for usually very minor violations.  Two elected county judges were eventually prosecuted by the FBI, along with others, including the owners of a juvenile detention facility.  The former judges Ciavarella and Michael Conahan initially accepted a plea bargain. Ciavarella backed out of the plea, opting instead for the trial.

Racketeering – A “Thug’s” Conviction

Ciavarella remained defiant as he left the courthouse after the verdict, insisting to cameras that he never took money for sending children to facilities. The jury did not find Ciavarella guilty of all charges, but did find him guilty of the biggest one- racketeering.

Prosecutor U.S. Attorney Peter J. Smith rejected any claims of victory by the defendant. Smith explained that racketeering is one of the most serious offenses in the criminal code, originally created to prosecute “thugs,” i.e. organized crime, and is an especially severe crime conviction for any public official.

Next- Victims Turn to Speak

The next step for Ciavarella will be the sentencing hearing.  There, the victims of the scandal will have an opportunity to tell Ciavarella what they think of his actions, and how those actions impacted them.

But one mother already confronted Ciavarella on the courthouse steps after the verdict, telling him face-to-face what his corrupt conduct had cost her.  Sandy Fonzo’s son committed suicide last year at age 23, after fighting for years to get his life back on track after a 6-month sentence by Ciavarella to a detention center.  Ms. Fonzo has become the face of so many of the Luzerne County families and children harmed in this scandal.  On February 23, she was interviewed on NBC’s Today Show with her attorney, Marsha Levick, Deputy Director and Chief Council of JLC. You can view her interview here.

Civil Suit Another Step to Getting Justice

For Luzerne County residents the guilty verdict for Ciavarella, and the plea bargain from the other involved judge do not make up for the harm that 5000 families and children endured at the hands of the corrupt judges and the systems that turned a blind eye to the day to day corruption of the juvenile justice process. Following this conviction, the Juvenile Law Center and two other law firms will now proceed to the civil law suit, suing for damages on behalf of the children and families.

Understanding Trauma

Fonzo put a spotlight on the grief and anger the victims feel in the wake of the trial.  The children, many of who are now adults, still struggle to recover from the trauma caused by the judges. Their families may not know how to help.   Information on “finding the path to a restored balance” in life for children and their families who have experienced trauma can be found in Parenting in a Challenging World, National Child Traumatic Stress Network.

More Information

• Ciavarella Guilty of Racketeering- Citizen’s Voice 2/19/11

• PA Judge Guilty of Racketeering (Sandy Fonzo/Mother Confronts Ciavarella) AP 2/19/11

• Juvenile Law Center Responds to Guilty Verdict 2/18/11

• Advocacy Alliance Children’s Advocacy Project

The panels are a community-based juvenile diversion program that will provide an opportunity for first-time, non-violent juveniles to be referred to a citizen and community based panel as an alternative to immediate adjudication through the juvenile justice system. The process will begin with the selection of panels for the Hazleton Area and Wyoming Valley West school districts, the largest school districts in the county.

Applications will be accepted until Feb. 25 from members of the community, and interviews will take place in March.

How to apply

To request an application, call Bob Stevens at 570-825-1674 or e-mail him at bob.stevens@luzernecounty.org.

Applicants will be required to commit to one year of service and must be 18 or older and live in Luzerne County. Applicants will be asked to complete an application, provide three references and undergo a criminal background check and a PA Child Abuse Clearance. Application deadline: February 25, 2011.

For more information

• About the Panelist Application Process
• Description of Youth Aid Panels
• Keys to Youth Aid Panel Success (Newsletter of the PA Council on Community Youth Aid Panels)
• Best Practice Guidelines for Crime Victim Participation in Community Justice Panels

This outreach was conducted through a partnership with the Luzerne County Juvenile Justice Task Force, a statewide group of state and county level stakeholders working to develop a comprehensive response to the issues related to the scandal.  The Taskforce has been identifying community, system, and individual needs; securing resources to meet those needs; and keeping members current on developing legal issues.

As part of the outreach, three forums were held on December 10 and 15, 2010 and were hosted by the Luzerne Intermediate Unit and Wilkes University. More than 100 individuals attended the forums to open a dialogue between the Juvenile Court and the school system. The goal is to familiarize people with the juvenile justice system, update them on changes made as a result of the scandal and connect adults with agencies that can help children at risk avoid the actions that land them in court.

The forums also highlighted the numerous advancements made throughout the Luzerne County Juvenile Court. Panel members touted several program enhancements including:

• A Juvenile Delinquency Roundtable to address issues and to inspire cooperation and coordination within the county;
• The Youth Aid Panel Program to assist in the diversion of youth from formal juvenile court proceedings;
• The expanded Public Defender’s Juvenile Unit that now includes additional attorneys and a social worker assigned solely to the Juvenile Court;
• An added Assistant District Attorney whose focus is on juvenile justice.

There are plans to arrange meetings between task force members and teachers during state mandated “in-service” days, when students have off but teachers come to school for training.

Outreach to Families Planned
The Luzerne County Juvenile Probation Office is planning activities to help reach out to families and get their input on the juvenile justice reform going on in Luzerne County.   Kathy Stocki, a family advocate from The Advocacy Alliance (MHAPA’s affiliate in NE PA), Scranton, is a key member of the Education Subcommittee of the Taskforce, which has been working with Probation in outreach activities.  Ms. Stocki has been providing the family voice and perspective and will assist in outreach for families.  The Advocacy Alliance funds her to provide advocacy for Luzerne County families.

Luzerne County Juvenile Probation Officer Theresa Kline suggested that one strategy for reaching families is to meet with parents on school orientation days, when students and parents are invited to schools, particularly middle schools, because of the transition from elementary grades. Ms. Kline also suggested that the upcoming creation of Youth Aid Panels, a group of community volunteers who meet with first-time juvenile offenders rather than having them face court, presents a good opportunity to connect with parents when the program is unveiled to the public in coming months.

More Information
The Advocacy Alliance, Child and Family Mental Health Advocacy Program (Northeastern PA only)
Website
Email- info@theadvocacyalliance.org
Phone– 1-877-315-6855

Luzerne County News Coverage (Times Leader)
Calling All Parents, Luzerne County Juvenile Justice System Wants to Talk to You
In aftermath of ‘kids for cash,’ creation of youth aid panel touted

Read more here about the history of this bill and the Juvenile Law Center’s longtime efforts to ensure counsel for juveniles.

“This means that the plaintiffs’ claims have legal merit and the case is ready to proceed,” said Marsha Levick, Deputy Director and Chief Legal Counsel for Juvenile Law Center. “We are prepared to do whatever is necessary to finally obtain justice for the children and families who were harmed in this travesty of justice.”

Read more.

Highlights of the new unit include:

• Attorneys will receive extensive training on representing children.
• Parental income will not be considered.
• Children will have the same attorney for the duration of case.
• The unit will comply with nationally recognized standards of no more than 200 cases a year for each attorney.
• Attorneys will continue the new policy already in place that they meet with the child and family before the hearing, and have contact through all juvenile justice processes.  This is a change from the old practice that when a child did have representation, they often met with their attorney for the first time only minutes before the hearing.

Additionally, it was announced that the children will now have a separate waiting room at court.  Previously they shared the same room as all the adults coming in for court that day.

More Information:

• News Coverage of Press Conference
• Juvenile Defenders Association of Pennsylvania- Performance Guidelines for Quality and Effective Juvenile Delinquency Representation