Kids jailed by Judges for Cash in PA

[Peacemaker]

I know few here will be surprised by this story.



http://apnews.myway.com/article/20090211/D969KKDG0.html

[Mike Barskey]

"I've never encountered, and I don't think that we will in our lifetimes, a case where literally thousands of kids' lives were just tossed aside in order for a couple of judges to make some money," said Marsha Levick, an attorney with the Philadelphia-based Juvenile Law Center, which is representing hundreds of youths sentenced in Wilkes-Barre.

The terminology used - probably subconsciously - suggests how strong faith in the system actually is. Marsha Levick is commenting on a couple judges who have tossed aside thousands of kids' lives to make some money, yet she says she has never encountered such a thing and doesn't think we ever will in our lifetimes. Surely she meant she has never encountered it before and never will again in our lifetimes, but what she actually said is telling.

[keith in RI]

http://news.yahoo.com/s/ap/20090213/ap_on_re_us/courthouse_kickbacks



ALLENTOWN, Pa. – A lawsuit has been filed against two Pennsylvania judges accused of taking more than $2 million in kickbacks to send youth offenders to privately run detention centers. The suit names Luzerne County Judges Mark Ciavarella and Michael Conahan and 14 other defendants. It was filed in federal court late Thursday on behalf of hundreds of children and their families who were alleged victims of the corruption.

"At the hands of two grossly corrupt judges and several conspirators, hundreds of Pennsylvania children, their families and loved ones, were victimized and their civil rights violated," plaintiffs' attorney Michael Cefalo said in a statement Friday.

Prosecutors allege Ciavarella and Conahan took $2.6 million in payoffs to put juvenile offenders in lockups run by PA Child Care LLC and a sister company, possibly tainting the convictions of thousands of juvenile offenders.

The judges pleaded guilty to fraud in federal court in Scranton on Thursday. Their plea agreements call for sentences of more than seven years in prison.

"It's our intent to make sure that the system rights this terrible injustice and holds those responsible accountable," Cefalo said.

The suit asks for at least $150,000 for each of three counts, the minimum required to avoid mandatory arbitration, but the plaintiffs are likely to argue for a much higher amount.

An attorney for Conahan said he hadn't seen the suit and declined comment. Ciavarella's lawyer didn't immediately return a phone message.

The lead plaintiff is Florence Wallace, whose 14-year-old daughter Bernadine was charged with terroristic threats after getting into an argument on MySpace. The lawsuit said the teenager was not advised of her right to an attorney and was pressured to plead guilty. She was taken from Ciavarella's courtroom in shackles and spent time in PA Child Care and at a youth wilderness camp.

As a result of the judges' corruption, parents were forced to pay for the "wrongful incarceration" of their children, the suit said. Some parents had their wages garnished, public assistance benefits taken and social security benefits seized.

In addition to the judges, the plaintiffs are suing two individuals who allegedly paid the kickbacks: attorney Robert Powell, who co-owned PA Child Care LLC and Western PA Child Care LLC until last June; and Robert Mericle, who owns one of the largest commercial construction firms in northeastern Pennsylvania and built the detention centers.

Through an attorney, Powell has said he was the victim of extortion. A spokesman for Mericle has denied making payments "to influence a decision to secure a contract to build any PA Child Care facility."

Mericle's company was also named as a defendant.

Through a spokesman, PA Child Care and Western PA Child Care, which are also named as defendants, declined comment.

The lawsuit is the first of what is expected to be several lawsuits seeking class-action status in the case.

Both judges have been removed from the bench by the Pennsylvania Supreme Court. On Friday, the high court, which had suspended Ciavarella with pay, terminated his pay and benefits. He had been making about $157,000 a year.

Conahan, who was semi-retired but still heard cases as a senior judge, has been stripped of his certification and may no longer receive per-diem pay.