Tuesday, January 26, 2010
Grim Justice in Luzerne County
Yesterday morning Berks County Pennsylvania Senior Judge Arthur Grim ordered the last group of unsettled juvenile cases that had been tainted by the recent Luzerne County judicial corruption scandal “dismissed with prejudice”. Dismissal with prejudice means the cases my not ever be refilled unless the dismissal is overturned by an appellate court.
Grim emerged from a closed door conference that precede what had been scheduled as a hearing on a motion to dismiss many of the pending charges against 27 separate juveniles accompanied by Luzerne County District Attorney Jackie Musto Carroll and Juvenile Law Center Legal Director Marsha Levick. Grim state that with the dismissal juvenile justice had been “balanced and restored,” in Luzerne County
Stating that “In my opinion, it’s the right thing to do,” District Attorney Jackie Musto Carroll announced she would not retry any of the juveniles.
Grim further stated that Juveniles who still owe restitution will not have to pay the remainder of what they owe. According to Judge Grim both the courts and attorneys will cooperate to work out wother ways to make restitution to the victims . Grim stressed that victims will not be expected to or required to repay restitution already received.
On October 29 of 2009 The Pennsylvania Supreme Court that vacated the convictions of an estimated 6,500 juveniles who appeared before former Judge Mark Ciavarella between 2003 to 2008. Both Ciavarella and former Judge Michael Conahan were arrested last January of 2009 on numerous charges including that the two accepting $2.6 million in kick backs and other incentives from the developer and a former co-owner of the for profit private detention centers in exchange for rulings that committed numerous, mostly teen-aged, children to the centers.
The Supreme Courts ruling was based on a report issued by Judge Grim, who was specially appointed to review Ciavarella’s cases after the arrests The Supreme Court specifically forbid retrial for any juvenile who appeared before Ciavarella without an attorney or if the juvenile was committed to either PA Child Care or Western PA Child Care the two private detention and treatment centers at the center of the judges’ scandal.
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The Juvenile Law Center, a Philadelphia-based advocacy group which has spoken out strongly in favor of the dismissal is still involved in in number lcivil suits against the judges.
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