In a prior blog, I wrote about the horrific case in Luzerne County in Pennsylvania, where two judges were arrested and pled guilty to profiteering from placing youth in private detention centers. In this "kids for cash" scheme, juveniles were summarily incarcerated for minor offenses without the benefit of legal counsel. This miscarriage of justice occurred over a period of years without any objection or concern raised by the current district attorney, Jacqueline Musto Carroll, or her predecessor, David Lupas, now the juvenile court judge. Their silence and that of other court officers, probation staff, police, etc. contributed to and enabled this culture of corruption and injustice to thrive.
Since my blog, a lot happened:
- The special master appointed to review Luzerne County cases has recommended that all juvenile court dispositions during this period be vacated and the records expunged.
- The federal court rejected the plea bargain of the two judges, citing their failure to accept responsibility for their crimes and cooperate in the pre-sentence investigation process. Subsequently, an additional 48-count federal indictment has been filed, alleging racketeering, fraud, money laundering, extortion, bribery and federal tax violations.
- Both the detention center developer and former owner have been arrested and pled guilty for their part in the $2.8 million kickback scheme.
- The Pennsylvania Legislature created an inter-branch commission to investigate the Luzerne County juvenile justice system with aggressive timelines to report on root causes and recommend reforms.
While these developments appear positive, significant questions and concerns remain, especially in relation to the actions of the state Supreme Court and the Luzerne County district attorney. The commission empowered Chief Justice Ron Castille to appoint the largest number of commission members and play a key role in the investigation. The irony is that it is the actions (or inaction) of the Supreme Court that is most in need of further investigation. Faith in the judicial system cannot be restored until an effective and responsive safety net is in place. To date the Supreme Court has failed to address the following:
- Why did they fail to act on the initial petition to intervene, thereby allowing dozens additional juveniles to be denied their rights and incarcerated for minor offenses?
- Why, when compelled to act by subsequent filings, did the court issue an unsigned, one-sentence denial of the petition without explanation?
- Why did the Supreme Court ignore the overwhelming statistical evidence generated from its own records indicating that something was amiss in Luzerne County?
- Why did the Supreme Court initially require the destruction of individual juvenile records as a condition of expunging convictions, thereby eliminating the possibility for future civil litigation and retribution by affected youth? (After mounting public and media pressure, the court reversed this decision.)
- To dispel any appearance of a conflict of interest, why has the court not spoken to the fact that the profit-making detention center owner is the son for a former Supreme Court justice?
The Supreme Court, by virtue of its reversals, has been on the wrong side of just about every aspect of this case. This blunder pales in comparison to the behavior and antics of DA Musto Carroll. She not only has defended the actions of the disgraced judges, but insisted that the incarcerations of the youth were of no “immediate public importance.” She contended that it was perfectly OK for juveniles to be routinely tried and detained without the benefit of legal representation, because technically they have the right to waive counsel. I’m sure that that fact was very comforting to the hundreds of young teens who were shackled, handcuffed and hauled off to jail without parental contact for what would amount to a summary offense in adult court. Subsequently, she opposed the recommendation of the special master to vacate the convictions and has petitioned to selectively retry juveniles of her choosing. After having already been tried in a kangaroo court and hauled off to jail to line the pockets of the corrupt judges and detention profiteers, just how much more trauma do these youth need to be exposed to satisfy Jacqueline Musto Carroll, and at what cost to the taxpayers of Luzerne County?
It is very tempting and easy to categorize the Luzerne County situation as an isolated incident involving a couple of corrupt judges. But that would deny the inherent deficiencies in the entire system and fail to address the fact that this injustice escaped detection, was defended, or was ignored for over eight years, thereby denying basic rights to thousands of children. From the County Commissioners who paid the freight, to the auditors, to the court officials, to the Juvenile Court Judges Commission that collected and failed to act on the data, the code of silence and lack of accountability is stunning and devastating. It is clear that not only is a house-cleaning in order, but a reformation is necessary. Public confidence is clearly eroded, especially with privatization and the related profit-driven motives that permeated this environment. Somehow, basic compassion and concern for the well being of children got lost in this mess. Unfortunately, a system that places judicial collegiality over justice, minimizes data and resists quality controls, places unchecked authority into the hands of judges selected by politics not merit, defines prosecutorial success by the number of convictions rather than fairness, permits excessive profiteering at the expense of taxpayers and children, and fails to ensure a critical safety net through a timely and effective appellate process, is not unique to Luzerne County. They just simply happen to be the “poster child” for this dysfunction through their macabre system of turnstile justice. Not only are new procedures, protocols and controls appropriate, but a thoughtful examination of the power structure, ethics, and hearts is essential if this type of situation is never to be repeated. The “fox guarding the hen house” nature of the composition of the commission does not inspire confidence that the right questions will be addressed or that this is the proper vehicle to achieve real change. I would be delighted to be wrong.
As for Judges Michael Conahan and Mark Ciavarella, their arrogance and steadfast denial of wrongdoing other than failing to properly file “finders’ fee” papers may be their undoing. They just managed to parlay an 87-month prison term, and significantly reduced charges well below sentencing guidelines, into perhaps a lifetime behind bars. Gee………sometimes the system really can work.
|
|
| Total Comments () Post a Comment Email this blog to a friend Technorati Profile
|
We encourage users to analyze, comment on and even challenge aphsa.org's articles, blogs, reviews and features.
|
|
Jerry's blog
|
 Jerry Friedman was appointed executive director of APHSA in September 2001 after a 31-year-old career in public human services at both the state and local levels. Prior to his selection, Friedman was the executive deputy commissioner of the Texas Department of Human Services. In that capacity, he oversaw operations of a 15,000-person workforce providing services to 2 million Texans in 500 offices statewide with a budget of nearly $4 billion.
Before that, he served as assistant secretary of the Economic Services Administration at the Washington state Department of Social and Health Services.
Previously, Friedman also held positions as deputy secretary, Office of Income Maintenance, Pennsylvania Department of Public Welfare; director, Bureau of State Children and Youth Programs, Office of Children, Youth and Families, Pennsylvania Department of Public Welfare in Harrisburg; and director of Human Services for Dauphin County and Northampton County, Pennsylvania.
Friedman began his public service career as a probation and parole officer in 1970. He holds a Bachelor of Social Science degree from Pennsylvania State University. He currently serves on the board of the Chapin Hall Center for Children at the University of Chicago, the board of the Rural Assistance Center of the University of North Dakota, and is a member of the AMA sponsored Health Sector Assembly. E-mail: jerry.friedman@aphsa.org
Jerry's Director's Memos in Policy & Practice
Jerry's Previous Blogs:
Cyber Security
The Case for Safety Net Investment
The Champ
The Sounds of Silence
CORPORATE WELFARE VS. PUBLIC WELFARE
The New RUPRI Human Services Panel
The Most Precious Gift
Real Heroes and Partnerships
Financial Crisis- October 2008
My Dirty Dozen and the Roadmap - August 2008
Retreat, a Wonderful Way to Move Forward - June 2008
My Excellent Adventure - March 2006
|
|
