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Legal Ethics

2 Disgraced Pa. Jurists Ask Fed’l Judge to Reconsider Nixed Plea

Posted Aug 21, 2009 12:51 PM CST
By Martha Neil

Two former Pennsylvania jurists whose conditional guilty pleas to corruption charges and agreed 87-month prison term were nixed by a federal judge late last month are now asking him to reinstate their pleas.

In a joint filing yesterday, former Luzerne County president judge Mark Ciavarella Jr. and senior judge Michael Conahan argue that they followed the rules in their post-plea conduct and did not attempt to "obstruct and impede justice" or contradict the government's evidence in public comments, reports the Legal Intelligencer.

In his ruling, U.S. District Judge Edwin Kosik cited Conahan's objections to a pre-sentence investigation report and Ciavarella's denial that there was a "quid pro quo" in exchange for the $2.6 million in kickbacks that the two judges admittedly accepted from an attorney owner and the builder of a juvenile detention facility to which the judges sent individuals who appeared before them.

But Conahan's objections were appropriate, and the honest services fraud to which Ciavarella agreed to plead involved an undisclosed conflict of interest rather than quid-pro-quo bribery, the two former judges argue in a 12-page memorandum filed by their legal counsel.

Meanwhile, federal investigations continue, the legal publication reports, into allegations of case-fixing in criminal and uninsured/underinsured motorist arbitrations in Luzerne County.

Earlier related coverage:

ABAJournal.com: "Reverse $3.5M Verdict Due to Taint of Corrupt Judges, Overseer Tells Top Pa. Court"

ABAJournal.com: "Void All Juvenile Rulings By Corrupt Pa. Judge, Overseer Tells Top State Court"

ABAJournal.com: "Luzerne, Pa., Arb Rules Change, as Judge Is Probed Over Panel Appointments"

Comments

1.

Michael
Aug 21, 2009 1:41 PM CST

These two should be tried and, if convicted, the sentence should be life without parole.  They destroyed the lives of countless children for their own profit, gutted the image of the judicial system, showed no remorse.  Who knows how many kids, even those who have since had their “convictions” vacated, are psychologically scarred for life.  Could any child who went through their kangaroo court, or anybody who knows them, ever have faith in the justice system?

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2.

B. McLeod
Aug 21, 2009 10:17 PM CST

I don’t think they’re getting ahead with this.  I figure this judge is pretty much loaded for bear.  Also, he didn’t exactly nix their pleas.  He just let them know they weren’t going to get the deal they wanted, so they might as well withdraw those pleas if that was important to them.  I suspect they aren’t going to get the deal they want now, no matter what.

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3.

Abraham Ben judea
Aug 22, 2009 10:15 AM CST

How’s that medice taste now judge, hope they also take away your retirement benefits.
I suspect they were also using illegal drugs. only the bribe giver knows for sure. Drug test them all.

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