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Hundreds who appeared before Ciavarella without lawyers will be affected.
By Jennifer Learn-Andes jandes@www.timesleader.com
Luzerne County Reporter
The state Supreme Court on Thursday approved a judge’s recommendation that would erase the criminal records of all juveniles charged with certain minor offenses who appeared before Judge Mark Ciavarella over a five-year period.
The recommendation came from Senior Judge Arthur Grim, who was appointed as a master by the Supreme Court on Feb. 11 to review cases that were heard by Ciavarella.
Ciavarella is awaiting sentencing on a guilty plea for accepting kickbacks in exchange for decisions and rulings that led to use of two privately owned juvenile detention centers.
Ciavarella’s attorney, Al Flora, declined comment.
Thursday’s decision covered the cases of juveniles charged with minor summary offenses and certain low-level misdemeanors, according to the court. Grim will conduct a separate review of cases involving more serious offenses.
“We’re absolutely thrilled,” said Lourdes Rosado, of the Juvenile Law Center, a nonprofit agency that filed petitions that led to the Supreme Court’s appointment of Grim.
The expungements apply to juveniles who appeared before Ciavarella without an attorney and who were charged with offenses like shoplifting, graffiti and theft under $200, Rosado said.
Grim also set other conditions to qualify for expungement, such as requiring that the offense stem from a single incident and excluding repeat offenders.
The number of juveniles who fall into this category won’t be known until the records are reviewed, but estimates have ranged in the hundreds.
Unrepresented juveniles and their families deserve this opportunity to “wipe the slate clean,” Rosado said.
“It’s a very big deal. It’s eliminating records that future employers, governments and schools can get access to. Those records can impede kids in getting financial aid for college and getting employment,” Rosado said.
Rosado said juveniles who had more serious charges should not lose hope.
“I want to emphasize that this is the first round,” Rosado said. “The court emphasized that this is the first step in a process.”
Grim said in his recommendation report that a “very substantial number” of juveniles appeared without legal counsel before Ciavarella without “knowingly and intelligently” waiving their right to counsel.
“My investigation has also uncovered evidence that there was routine deprivation of children’s constitutional rights to appear before an impartial tribunal and to have an opportunity to be heard,” Grim wrote.
If that hadn’t happened, the “vast majority” of the cases would have resulted in lesser sanction, which would have allowed the juveniles to get their records erased, he said.
Grim had the option to recommend new hearings, but he said re-litigating the cases wouldn’t serve the community or victims. Prompt action will help right the wrong and restore confidence in the justice system, he wrote.
County President Judge Chester Muroski said he believes Grim made wise use of the “extraordinary power” he was given by the Supreme Court.
“He’s exercising that power in a very reasonable fashion, saving many of these families the additional inconvenience and trauma of having to appear in court,” Muroski said.
Grim’s plan relies heavily on input from the Juvenile Law Center and Luzerne County District Attorney’s Office regarding which records should be expunged.
County District Attorney Jackie Musto Carroll said the review of juvenile records will be a mammoth task, but her office welcomes the assignment. She said she may need to request additional temporary staff from county commissioners or the state.
“We want to get to the bottom of this and do everything we can as quickly as possible to see that justice is served,” she said.
The Law Center and District Attorney’s Office will review thousands of records from Jan. 1, 2003, to May 31, 2008, according to the order.
Security measures will be put in place to make sure the records remain confidential.
At the Law Center, only four people will be permitted to view the records – Rosado, another attorney and two support personnel. Two attorneys and two support personnel will be provided access from the District Attorney’s Office.
Grim must approve all copying of records, and all records must be stored in a locked file cabinet or restricted location when they’re not being reviewed.
Jennifer Learn-Andes, a Times Leader staff writer, may be reached at 831-7333.
