New law creates panel to probe judicial corruption

By Mario F. Cattabiani

Inquirer Staff Writer

HARRISBURG - Saying he hoped it would begin the process of curing a "perversion of justice," Gov. Rendell signed into law yesterday a bill creating a special commission to investigate the juvenile court corruption scandal in Luzerne County.

"All parties in every branch of government have come together with the shared goals of finding answers, restoring confidence in our juvenile justice system, and making sure this never happens again," Rendell said.

The legislation forms the Interbranch Commission on Juvenile Justice - an 11-member panel with subpoena power to review how former Luzerne County Court Judges Mark A. Ciavarella Jr. and Michael T. Conahan operated a kickback scheme involving thousands of children.

The former judges are accused of collecting $2.6 million over seven years by forcing juvenile defendants, many facing only minor offenses, into two privately run, for-profit detention centers - one in Luzerne County and the other in Butler County.

"What we want this joint commission to do is to find out the why and the how. Why did this happen, how did this happen, and how did this go on for as long as it did?" said State Supreme Court Chief Justice Ronald Castille, who joined Rendell at yesterday's bill-signing.

In harsh public comments, rare for the top judge in the state's highest court, Castille lashed out at the two men at the center of the scandal, calling them "rogues" and "renegades." He called what they are accused of having done "probably the worst tragedy that I have ever seen in the history of the United States."

"I have never in the United States seen a bribery case of this magnitude, and the effect it has had on these children's lives is astounding," Castille added.

The new commission will be made up of members picked by Castille, Rendell, and legislative leaders within the next 25 days.

Castille said Superior Court Judge John M. Cleland of McKean County likely would head the group, which will hold its first meeting by the end of next month. It must submit a report of its findings and recommendations by May 31.

The commission is separate from a review of the case being conducted by Berks County Court Judge Arthur E. Grim at the request of the Supreme Court this year. Grim is examining 6,000 juveniles sent to centers between 2003 and 2008. As a result of Grim's review, the records of about 800 juveniles from Luzerne County have been expunged, and Castille said yesterday that thousands of others might follow.

House Majority Leader Todd Eachus (D., Luzerne) said the scandal "has literally broken the confidence in our judicial system."

"This is a moment where we begin to right the wrongs that have been done to the juveniles in Luzerne County," said Eachus, who sponsored the legislation. ". . . This can't happen again."

Ciavarella and Conahan pleaded guilty in February to fraud charges, but a judge last week threw out their plea agreements, saying the men had not accepted responsibility for their crimes. The decision opens the door for the former judges to go to trial or to attempt to renegotiate their plea deals.