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Saturday, February 6, 2010

Luzerne case should prompt changes
Former Luzerne County Court judges Michael Conahan, front left, and Mark Ciavarella, front right, leave the U.S. District Courthouse in Scranton, Pa., in September, after being arraigned on federal racketeering charges. (AP Photo/The Citizens' Voice, Mark Moran)

 

Calls for drastic changes in how the state Judicial Conduct Board investigates and disciplines judges should not go unheeded. The board has received deservedly harsh criticism for its lackadaisical approach to complaints about two former Luzerne County judges who allegedly accepted bribes from operators of juvenile-detention facilities.
 
Mark A. Ciavarella Jr. and Michael T. Conahan pleaded guilty to fraud charges last year, but a federal judge threw out their plea agreements, saying the men had not accepted responsibility. They are awaiting trial. Meanwhile, the state Supreme Court has vacated the convictions in 6,500 cases heard by Ciavarella.
 
The travesty of justice led to the creation of a 10-member commission in August to investigate the state’s juvenile-justice system. Commission members this week said the Judicial Conduct Board had failed miserably in not acting more swiftly to complaints about the two Luzerne judges.
 
The board’s excuse that it didn’t want its ethics probe to impede a federal criminal investigation isn’t good enough. While it dallied, the civil rights of juvenile defendants were violated, many being sent to lockups without having legal representation.
 
The Pennsylvania Bar Association made a good suggestion: The state should establish a separate authority to periodically evaluate and issue “report cards” on judges. Seventeen states do that now to ensure the integrity of jurists.
 
The Interbranch Commission on Juvenile Justice has one more hearing, on Feb. 25 in Wilkes-Barre, before making its recommendations to Gov. Rendell and the General Assembly by May 31.
 
Strong measures will be needed to restore public confidence in the judiciary after this.
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