News Summary May 29 – June 11, 2010 Models for Change Mentioned The Herald-Review (IL)
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- Panel chairman: Juveniles must retain waiver rights, with safeguards Citizens’ Voice (Wilkes-Barre)
- Area lawmakers follow up juvie commission report
- Eachus introduces juvenile Justice reform bills Scranton Times Tribune
- Records to remain for defendants in “kids for cash” suits, judge rules. Times Leader (Wilkes-Barre)
- Judges ruling preserves detention centers records Citizens’ Voice (Wilkes-Barre)
- Opinion: Dont let kids waive counsel Scranton Times Tribune
- Your view: Bereaved Erie mom urges new approach to juvenile justice Erie Times-News
- Top Stories - National Opinion: County policy on young juveniles sets model for the nation San Jose Mercury News (CA)
- Your Opinions: Not all juveniles treated the same
Citizens’ Voice (Wilkes-Barre) June 7, 2010 http://citizensvoice.com/news/justice-meltdown-seen-at-all-levels-1.832940 One of the ways in which the juvenile court scandal in Luzerne County spread far beyond the county border was its exposure of flaws in the statewide system for disciplining judges - a key element in the administration of justice. After former Luzerne County Judges Michael T. Conahan and Mark A. Ciavarella Jr. were accused by a federal grand jury of gross abuses of justice in juvenile court, the state Legislature, administration and judiciary formed the Interbranch Commission on Juvenile Justice. Its mission was to examine the Luzerne County justice meltdown, beyond the scope of the criminal charges. That, it did. Its final report pointed out failures in many aspects of the county system. And, it spared no words in calling for sweeping reforms of the Judicial Conduct Board, an arm of the state Supreme Court that is responsible for judicial disciplinary cases. The commission's hearings revealed that the JCB had received and reviewed a detailed complaint against then-President Judge Conahan in 2006, but did nothing with it. That enabled the abuse of justice to continue in Luzerne County. "The commission has come to two inescapable conclusions," the report said. "The Judicial Conduct Board lacks sufficient oversight to assure that it is fulfilling its constitutional duties and obligations; and the existing confidentiality provisions relating to the work of the Judicial Conduct Board prohibit any meaningful oversight and accountability." After the commission exposed the JCB's failure to pursue the Conahan complaint, the JCB announced that it had changed some of its internal policies. The Interbranch Commission noted those changes but declared them "deficient" and inadequate to effect the needed reform. The Supreme Court has the administrative authority to implement some of the specific reforms recommended by the Interbranch Commission, including the appointment process for members. In the wake of the Luzerne County scandal, and the role of the JCB's failure to act against Conahan in prolonging it, the Supreme Court should do everything in its power to improve the disciplinary system for judges. Panel chairman: Juveniles must retain waiver rights, with safeguards Citizens’ Voice (Wilkes-Barre) By Robert Swift June 9, 2010 http://citizensvoice.com/news/panel-chairman-juveniles-must-retain-waiver-rights-with-safeguards-1.836646 HARRISBURG - Juvenile defendants should be able to waive legal representation, but safeguards are needed so it doesn't become commonplace like it did in Luzerne County under two former judges, the chairman of an investigating commission told the Senate Judiciary Committee Tuesday. The members of the Interbranch Commission on Juvenile Justice wrestled with the question of whether the state should mandate that all juveniles be presented by attorneys and decided to recommend a different approach, state Superior Court Judge John M. Cleland said. Restrictions should be put on the counsel waiver, he said. At each of the usually half-dozen proceedings in a juvenile court case, the judge should be required to pose a set of questions to a defendant about whether he wants to appear without counsel. At any proceeding where a juvenile waives his or her right, the court would appoint a standby attorney. Cleland was an initial witness at the first legislative hearing on the commission's scathing report issued two weeks ago about the breakdown of Luzerne County's juvenile justice system, federal corruption charges against former judges Mark A. Ciavarella Jr. and Michael T. Conahan and its impact on thousands of juvenile defendants sentenced to a privately owned detention facility. The legal representation issue stems from revelations that more than half of the juveniles who appeared in Ciavarella's courtroom between 2003 and 2008 did so without counsel. Witnesses told the commission that Ciavarella pressured defendants to waive their right to counsel and had set up a table outside his courtroom with waiver forms to sign. A common theme to the commission's recommendations is restoring checks and balances to the juvenile justice system, particularly in Luzerne County. This can be accomplished by mandating continuing education about the state juvenile act for judges, lawyers, hearing officers and masters handling juvenile court cases; requiring that judges state on the record how their handling of each juvenile case conforms with the juvenile act and speeding up the appeals process in juvenile cases, Cleland said. The commission's decision not to recommend opening juvenile hearings to the public was made with an awareness about the longevity of material posted on the Internet, Cleland said. Postings about testimony in open hearings can follow both defendants and victims for the rest of their lives, he said. The commission report notes that current state law allows for open hearings if a juvenile defendant is 14 or older and is charged with a felony or 12 or older and charged with serious offenses such as murder, robbery or sexual crimes Area lawmakers follow up juvie commission report Eachus introduces bills; Baker says all state government branches must follow through. Times Leader (Wilkes-Barre) By BILL O ’ BOYLE June 10, 2010 http://www.timesleader.com/news/Area_lawmakers_follow_up_juvie_commission_report_06-09-2010.html Two area legislators want to make sure the work of the Interbranch Commission on Juvenile Justice has lasting effects on the juvenile justice system. State Rep. Todd A. Eachus, D-Butler Township, said Wednesday that he has introduced legislation that would make critical improvements to the state’s juvenile justice system based on recommendations from the commission. State Sen. Lisa Baker, R-Lehman Township, said the commission’s diligence needs to be matched by follow-through on the part of all three branches of state government. “By starkly detailing the breakdown of the system, by casting the net far and wide for reform recommendations, by reaching agreement on twenty categories of recommended changes, the commission made it very hard for any part of state government to be indifferent to the situation,” Baker said on the Senate floor. Eachus sponsored the bill that created the commission, which was comprised of 11 members appointed by all three branches of state government – the legislature, the courts and the governor’s administration. The commission last month released a final report outlining systemic problems that occurred in Luzerne County’s juvenile justice system, along with concrete recommendations for fixing those problems. “The commission did a remarkable job of gathering facts and information and presenting a comprehensive set of findings and recommendations,” Eachus said. “Now it’s up to us – the legislature, the courts and the executive branch – to make the necessary changes to restore faith in our juvenile justice system.” Eachus has introduced two bills aimed at improving the way the juvenile justice system operates in Pennsylvania – both for juvenile offenders and the victims of juvenile crime. “We must give youth offenders the chance to redeem themselves so they can become productive citizens in their community,” Eachus said. “They need to be able to see the impact of their crimes and understand the consequences.” Eachus introduced H.B.-2571, which would allow the state’s Office of the Victim Advocate to also advocate for victims of juvenile crime. He said the bill would ensure there is a statewide victim advocate to represent the interest of victims of crimes committed by juvenile offenders at the state level. Eachus also introduced H.B.-2572, which would provide restitution to the victims of the crimes committed by juvenile offenders in counties, such as Luzerne, where the adjudicated cases had been dismissed by the court. The bill would also offer grants to counties across the commonwealth to provide services to victims of juvenile crime. Baker said the Interbranch Commission report “is chilling in its depiction of calculated corruption and compelling in its call to action.” “In answering questions about how a good system could go so wrong, Judge John Cleland used powerful words – greed, incompetence, intimidation, abdication of responsibility,” Baker said. “There was a conspiracy of corruption led by two judges. There was a conspiracy of silence within the courthouse. There was a conspiracy of acceptance within too much of the community.” Baker said “indisputable is that assembly-line injustice adversely affected over 6,000 kids and their families.” Eachus introduces juvenile Justice reform bills Scranton Times Tribune By Robert Swift June 10, 2010
By TERRIE MORGAN-BESECKER June 10, 2010
By Dave Janoski June 10, 2010
June 10, 2010 http://thetimes-tribune.com/opinion/don-t-let-kids-waive-counsel-1.838332 One of the most appalling aspects of the Luzerne County juvenile justice scandal was that so many professionals within the legal system facilitated it. Former Judge Mark A. Ciavarella faces federal racketeering charges and former Judge Michael T. Conahan has agreed to plead guilty for their alleged roles. But noncriminal investigations subsequently made clear that prosecution and defense lawyers and court personnel who were supposed to safeguard the juvenile defendants' rights looked the other way. A key element was the routine practice of having juveniles waive their right to counsel. Luzerne County juveniles did so at rates far higher than anywhere else in the state, clearly indicating that they did not receive detailed counseling about the consequences of doing so. The Interbranch Commission on Juvenile Justice revealed many failings, beyond those of the two disgraced judges. But, given what happened in Luzerne County, one of its recommendations on reforming the system should be considered with extreme caution. Commission Chairman Judge John M. Cleland testified Tuesday before the state Senate Judiciary Committee that the ability of juveniles to waive their right to counsel should be restricted but not eliminated. He advocated a standard instruction to be read by judges to juveniles regarding such waivers, and that a standby attorney be in the courtroom when a juvenile signs a waiver. Those precautions are fine as far as they go. But the scope of the scandal calls for the best possible solution. That includes eliminating counsel waivers for juveniles, most of whom are inherently less capable than adult defendants of making well-informed decisions. Your view: Bereaved Erie mom urges new approach to juvenile justice Erie Times-News By SONYA ARRINGTON, Contributing writer June 11, 2010 http://www.goerie.com/apps/pbcs.dll/article?AID=/20100611/OPINION08/306119994/-1/opinion02 Changing juvenile laws will help our children become a mold for success. I am a mother who recently lost her son to a senseless act of teen violence. The young man who was responsible for my son's death had quite a history of juvenile offenses. Every day, when I turn on the television and read the newspaper, I see another youth responsible for gun violence. The juvenile justice system requires a new approach. Some of our young people are becoming a menace to our society and a threat to our safety and welfare. I believe if young people persist in committing violent offenses, our youth should undergo an intensive screening or evaluation process to determine if they should be placed in a more isolated environment to get the help they need. Predicting criminal behavior can be difficult. However, the decision-making process of our juvenile officials requires greater structure and less discretion. Even if children determined to present such a threat are held until the time they are 21 years old, it will increase the potential of saving their lives. We need to get each child the help that they need before they do something that will alter all of our lives for the worst. I ask myself, as I am sure every similarly situated parent does, how is it that some of these violent young men and women who would dare take such actions against another remain on the street? How is it possible we keep missing the signs these young people manifest before it is too late? At some point, we must reassess and evaluate how our juvenile system is operating. Sending juveniles to detention centers for 60 to 90 days is not having a significant impact on the lives of these offenders. These teens are not being effectively challenged or conditioned to change their way of thinking and striving to be better people. Maybe we need to consider detaining them until they have proven they are worthy enough to become part of our community again. I think we would have fewer senseless acts of teen violence committed out of rage or from severe bouts of depression. Typically, our troubled youth begin by committing minor offenses, and as time goes by, their conduct escalates into murder, rape and robbery, changing all of our lives forever. As parents, we have a moral and legal obligation to teach our children, and make sure they get the treatment they need to become successful young men and women. My husband and I know we are not alone. Others have grieved before us, and others will grieve after us if we continue to ignore the emotional and mental health conditions of our children. The people who have stewardship to evaluate and manage our children's treatment in the juvenile system must make certain they are not making decisions for the sake of expediency, or ridding themselves of a responsibility because a particular juvenile and their family have become a burden to the system. We need juvenile laws changed to help, not necessarily punish, our youth. I want every child's life to become a success story, not a tragedy. However, the responsibility for protecting our community should not be left to the authorities. The molding and shaping of our children's success starts at home. Our behavior sets the tone for what they will contribute in their community. I think all parents need to focus on being the best parents that they can be so that our children will maximize their potential and not end up a criminal defendant or a crime victim. There are other problems that lead to juvenile delinquency: poverty, teenage pregnancy and single-parent households. We need to implement preventive measures to help our youth become success stories. Children need and require guidance. We place unnecessary stress on our police, juvenile and adult probation, and the office of the Erie County District Attorney. I personally believe the police are doing a very good job of capturing those people who are engaging in violent acts in our community. However, we can't expect law enforcement to help our community if we don't help ourselves. Parents need to be held accountable for our children's actions until they are of legal age. Accountability will force us to be more aware of our children's problems, their friends and their decisions. I hear all too often the children are our future. If it's true, let's invest in our future by becoming more involved in our children's lives and leading by example. SONYA ARRINGTON, of Erie, is the founder of Mothers Against Teen Violence. She and her husband, Steve, are the parents of Steve Arrington II, who was shot to death as he walked out of his uncle's store at 1825 Buffalo Road on Jan. 5. Top Stories - National Opinion: County policy on young juveniles sets model for the nation San Jose Mercury News (CA) By Dave Cortese, Special to the Mercury News May 29, 2010
Although there may be competing theories about the effectiveness of our juvenile justice system, one point on which we should all agree is that incarcerating kids 12 and younger in jail-like facilities is wrong, period. The Santa Clara County Board of Supervisors made a bold move when, earlier this month, they adopted, at my request, a policy that youth offenders 12 and younger should not be placed in Santa Clara County Juvenile Hall. This policy is believed to be the first of its kind in the nation, and I hope other jurisdictions will follow. State law requires counties to maintain juvenile halls but places no limit on lowest age. Any parent will tell you that there is a huge difference in the maturity and understanding of a teen (16 or 17 years old) versus a preteen (10, 11 or 12 years old). The notion of putting all ages together under one roof and one instructional model is troubling. But that is exactly what has happened at juvenile hall, where young kids have been sent by the courts through the years to wait out the disposition of their cases. Just last year, three siblings (all younger than 12) were placed at juvenile hall for a weekend while the justice system tried to figure out what to do with them. These children were never ultimately convicted of any crime. As a parent of four children, including a 10-year-old, I can sense the anguish of a parent whose child has been placed at juvenile hall for an indeterminable amount of time, for a crime that perhaps he or she didn't commit. As a former school board member, I have a long history of working with at-risk youth. I've helped create partnerships between the cities, the county and nonprofits to place services and mentoring programs at schools. I have seen personally how troubled youth need very specialized help in order to find their rightful path in the world. But this is not just my opinion. A study by the county's Juvenile Justice Commission of youth ages 12 and under who were placed at juvenile hall paints a sad picture of these young offenders' tragic lives. Many had: - Mental-health diagnoses and needed mental-health intervention. - A history of abuse and neglect. - Experienced at least one (if not frequent) traumatic incident. - Not even one stable parent able to take custody of them. National experts have confirmed this profile of our youngest offenders. And local organizations such as EMQ, UnityCare, Kids in Common and the Bill Wilson Center all agree that this population should not be placed with older offenders. The county's juvenile hall, despite great leadership, employees and genuine efforts to provide diverse programming aimed at rehabilitation, is still a detention facility, first and foremost, and such a detention center cannot address the needs of this younger age group. Youths such as these need to be in a homelike environment. Even the loosely drafted state law on juvenile detention requires as much. For the most difficult cases, such a living arrangement can be provided by professional foster care parents, trained in how to handle these kids and the difficult behaviors they exhibit. By adopting a policy that calls for every effort to be made for placing such youth outside of juvenile hall, we challenge ourselves to find new methods, new treatments and new settings to help these youth rehabilitate and rejoin the community. Already great strides are being made in partnership with our compassionate community partners to create placement options here in the county. Other counties are interested in our work, so we will partner with them around new strategies as well. Although it's rare, young children will sometimes commit true criminal acts. We must resist the urge to permanently label these young souls as bad, because they are not. In most cases they are sick, and we have to do everything in our power to help them become healthy. The board's adoption of this policy is an important step in that direction. DAVE CORTESE represents District 3 on the Santa Clara County Board of Supervisors. He wrote this article for this newspaper. Your Opinions: Not all juveniles treated the same Directory: docs docs -> Application for acem docs -> Observational Assessment of Teaching Practices Teaching Assessment Initiative Proposal Submitted to The Teachers for a New Era project docs -> Traditional British values docs -> From Warfighters to Crimefighters: The Origins of Domestic Police Militarization docs -> Borzoi Club of America Register of Merit Program I. What is a Register Of Merit docs -> Protecting the rights of the child in the context of migration docs -> United Nations E/C. 12/Esp/5 docs -> 9th May 1950 the schuman declaration docs -> Getting To Outcomes® in Services for Homeless Veterans 10 Steps for Achieving Accountability Download 351.58 Kb. Share with your friends:
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