Friday, February 13, 2009

I Wonder If This Is What They Mean By Activist Judges

The New York Times reports that two Pennsylvania judges have entered guilty pleas to charges they took kickbacks to send juvenile offenders to private detention facilities.
Mark A. Ciavarella Jr., and a colleague, Michael T. Conahan, appeared in federal court in Scranton, Pa., to plead guilty to wire fraud and income tax fraud for taking more than $2.6 million in kickbacks to send teenagers to two privately run youth detention centers run by PA Child Care and a sister company, Western PA Child Care.

While prosecutors say that Judge Conahan, 56, secured contracts for the two centers to house juvenile offenders, Judge Ciavarella, 58, was the one who carried out the sentencing to keep the centers filled.

"In my entire career, I’ve never heard of anything remotely approaching this,” said Senior Judge Arthur E. Grim, who was appointed by the State Supreme Court this week to determine what should be done with the estimated 5,000 juveniles who have been sentenced by Judge Ciavarella since the scheme started in 2003. Many of them were first-time offenders and some remain in detention.


With Judge Conahan serving as president judge in control of the budget and Judge Ciavarella overseeing the juvenile courts, they set the kickback scheme in motion in December 2002, the authorities said.

They shut down the county-run juvenile detention center, arguing that it was in poor condition, the authorities said, and maintained that the county had no choice but to send detained juveniles to the newly built private detention centers.

Prosecutors say the judges tried to conceal the kickbacks as payments to a company they control in Florida.

The victims of this scheme include a 17-year-old who used MySpace to poke fun at a school official (sentenced to 90 days in one of the facilities), and another (also sentenced to 90 days) for starting a fight.

The case has generated much local attention, none of it favorable to the justices-cum-defendants:
For years, youth advocacy groups complained that Judge Ciavarella was unusually harsh. He sent a quarter of his juvenile defendants to detention centers from 2002 to 2006, compared with a state rate of 1 in 10. He also routinely ignored requests for leniency made by prosecutors and probation officers.

“The juvenile system, by design, is intended to be a less punitive system than the adult system, and yet here were scores of children with very minor infractions having their lives ruined,” said Marsha Levick, a lawyer with the Philadelphia-based Juvenile Law Center.

“There was a culture of intimidation surrounding this judge and no one was willing to speak up about the sentences he was handing down.”


On Thursday in Federal District Court in Scranton, more than 80 people packed every available seat in the courtroom. At one point, as Assistant United States Attorney William S. Houser explained to Judge Edwin M. Kosik that the government was willing to reach a plea agreement with the men because the case involved “complex charges that could have resulted in years of litigation,” one man sitting in the audience said “bull” loud enough to be heard in the courtroom.

What shocks me most is that these two appear to have engineered the whole scheme from the outset. The public facility was closed at their insistence. The private contracts were drawn up under their supervision. And between them, they kept the private facilities at capacity, handing down what appear to be sadistic sentences for (at least as illustrated) far from extraordinary teenage misbehaviour. All of this occurred over a six year period.

The two are facing (assuming the pleas are accepted) seven years in prison, disbarment, mandatory resignation from the bench and forfeiture of all benefits including their pensions.

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