Constitutional Law
Lawyers Seek Order Barring Top Pa. Court from Destroying Juvenile Records
Posted Jul 21, 2009 4:59 PM CST
By Martha Neil
A bizarre case in which two senior Pennsylvania judges in Luzerne County are accused of having profited from putting hundreds—or perhaps even thousands—of youths into juvenile detention for relatively minor offenses has now taken a strange new twist.
In an extraordinary filing, lawyers representing individuals allegedly improperly jailed as youngsters accuse the state supreme court of sabotaging their clients' federal constitutional claims for damages by destroying relevant juvenile records, reports the Associated Press.
The Pennsylvania Supreme Court's alleged refusal to preserve the records is "characteristic of its apparent and persistent insensitivity" to victims' concerns in what is likely "the most significant child-related judicial corruption scandal in the nation's history," the filing contends.
A supreme court spokesman declined to comment today on these allegations.
A federal judge has scheduled a hearing Monday on the lawyers' request to halt the records destruction.
The two senior judges involved in the juvenile court scandal have entered conditional pleas in criminal corruption cases requiring them to serve prison terms and are no longer on the bench, as detailed in earlier ABAJournal.com posts.
Additional related coverage:
Associated Press: "Pa. youths want tainted convictions tossed"
Legal Intelligencer: "Rift Emerges at Hearing on Juvenile Records in Judicial Corruption Case"
Morning Call: "Ex-Luzerne Judge Ciavarella says there was no kids-for-cash deal with juvenile detention centers"
ABAJournal.com (March 2009): "Tough Job for Problem-Solver Pa. Judge: Up to 1,200 Invalid Youth Convictions"
ABAJournal.com: "Disgraced Pa. Judge: I Didn’t Discuss $3.5M Libel Case"

Comments
Michael
Jul 22, 2009 6:12 PM CST
Monday!? This case is a disgrace to the entire legal system.
If those records are destroyed there may be irreparable harm to the victims (all children), they’re likely to win their case given the corrupt judges are in prison (albeit for disgracefully short sentences), there’s conceivable no harm to either side in waiting, there is harm to one side in moving forward, and damages of having evidence of a fraudulent conviction cannot be solved solely by legal remedies—these vile judges ruined the lives of children for profit.
I’m not sure I can think of even a hypothetical situation in a civil case more appropriate for an emergency injunction.
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