Thursday, January 21, 2010

Great idea, now let's see if it happens

While testifying before the Inter-branch Commission on Juvenile Justice today Robert Schwartz, director of the Juvenile Law Center, stated that attorneys who regularly appeared before Judge Mark Ciavarella in juvenile court violated their professional obligations and ethics by failing to speak out and report the abuses they witnessed.

Schwartz recommended these attorneys be referred to the state disciplinary board to determine if they should be sanctioned.

"It may be hard for a defense attorney or prosecutor to spot an isolated case of judicial misconduct. Luzerne County's involved a half decade's worth of abuse, however, If there was ever a situation where lawyers fell short of their professional obligations, this was it." Stated Schwartz

Schwartz's agency ,the Juvenile Law Center , filed the petition which, in October, led the state Supreme Court to vacate the convictions of thousands of the juveniles who appeared before Ciavarella from 2003 to 2008.

In September a federal grand jury issued a 48-count indictment against former Luzerne County judges Mark Ciavarella and Michael Conahan , charging them with numerous counts of racketeering, bribery, money laundering fraud and tax violations. ( Authors note: Be afraid Judge David Grine, be very afraid*). Both of the ex jurists have plead not guilty.

During the same proceeding James Anderson, the executive director of the Juvenile Court Judges Commission, recommended that all juvenile proceedings be open to the public on the condition that persons attending the hearing be prohibited from revealing the identity of the juvenile or other parties and/or witnesses .

Anderson also recommended that the trial judge have wide latitude to close the hearing if the trial judge deemed in the child’s best interests to do so.

During his testimony Anderson additionally recommended :

  • That the Determination to appoint a Public Defender for a child be made based on the child’s income rather than the income of the child’s parent(s)
  • That the juvenile be required to consult an attorney before being allowed to waive the right to counsel, and tat the presiding judge be required to appoint back-up or standby counsel in cases where the child is allowed to wave the right to have an attorney
  • That process for an expedited review by the appellate courts, (Pa Superior Court, PA Supreme Court ) be implemented for juvenile court proceedings. Anderson emphasized that the process should particularly apply to all rulings that remove a child from his or her home.
  • To require the Judge to state on the record why he or she has made that decision that a child is to be placed in an out of home facility and to enumerate the reasons why the chose a particular facility . ( Note by the author : The Judge should have to disclose any connection to the facility weather it be financial, a friendship with a staff person or administrator or that he or she acts in an advisory capacity to the facility)
  • That an assessment tool be created for use in determining when and if it is appropriate to detain a child prior to a hearing on the crime they are accused of committing. This tool would consider various risk factors, such as the severity of the charges and the child's prior record. ( Authors note: and if the offense would be a crime if committed by an adult, for example running away )

Other witnesses scheduled to testify today included Richard Gold, deputy secretary of the Office of Children, Youth and Families for the Department of Public Welfare and Dr. Gerald Zahorchak, secretary for the Department of Education.

*Judge David Grine presided over Juvenile Court Proceedings, including Children and Youth Services Hearings, in Centre County Pennsylvania from the 1980's to the present.


AUTHORS NOTES REFLECT ONLY THE OPINION OF THE AUTHOR ,NOT ESTABLISHED FACTS

1. Times Leader of Wilkes-Barrie, PA (timesleader.com) 01-21-2010

No comments:

Post a Comment