Judges: 'System not broken'
CLARION — Judges from across the state made clear that the injustices in Luzerne County's juvenile court system are not the norm and the system is not broken.
"Power and greed took the place of upholding the Constitution," said Superior Court Judge Cheryl Allen. "These children were railroaded through our system."
Judges and attorneys were asked about the stain left on the robes of judges in the aftermath of the "kids for cash" revelations during the past two years. Two Luzerne County judges, Mark Ciavarella and Michael Conahan, have been charged with taking kickbacks for sending students to juvenile facilities, including Western PA Child Care in Butler County.
A special review of the juvenile cases heard by Ciavarella between 2003 to 2008 found defendants routinely appeared without legal representation and were sentenced to detention for minor cases. All convictions by Ciavarella during that time period were vacated.
A guilty plea by the judges was rejected and the two are now awaiting a new hearing.
Because of the indictments, a committee has been formed to report to the state Supreme Court about what reforms are needed. This Interbranch Commission on Juvenile Justice has held public hearings and will make its recommendations May 31.
Several of those involved in the state's juvenile courts gathered Tuesday at Clarion University for a forum to let the public listen and learn about the system.
"We have what we need already," said Dauphin County Judge John Cherry. He explained the juvenile justice system works and if the existing rules were enforced, this type of corruption could not have happened.
For example, he said he has never let a juvenile appear before him without legal representation. The defendants in front of Ciavarella didn't have lawyers 54 percent of the time.
"I am confident to say it is an aberration," said state Supreme Court Justice J. Michael Eakin. "It was a cancer that's being cut out."
Eakin said no matter what rules or reforms are established, the courtroom's authority depends on the honesty of the judge.
"You can never stop the greedy from existing. Everyone has their price. For some people, I guess it's $2.8 million," he said. That amount is what the FBI investigation found the judges were paid by owners of juvenile detention facilities.
Cherry echoed that sentiment and said that with time and work, each judge can restore the integrity of the court system.
"You can't give up on the system because of what happened in one county," he said.
They both were adamant the system was not broken.
