Locals weigh in on Ciavarella sentence

BY VIRGINIA CODY

 

With Thursday’s sentencing of Luzerne County’s former president judge to 28 years in prison for his involvement in a scandal involving placement in juvenile detention centers, some might ask whether neighboring counties could ever face a similar scenario.

The answer to that question, in the opinion of two who served on the Interbranch Commission on Juvenile Justice – Ron Williams of Wyoming County, and Jason Legg of Susquehanna County- is a resounding “No.”

Others, however, will say that while the specific situation in Luzerne County couldn’t be repeated here, there is always room for potential abuse.

Judge Mark Ciavarella, was convicted in February for conspiracy and racketeering, money laundering and tax evasion – and was sentenced Thursday before U.S. District Judge Edwin M. Kosik.

In his capacity as president judge, Ciaverella had been uniquely positioned to determine the fate of children and youth charged with criminal behavior.  And as such, he spent his time on the bench sending juveniles to privately owned detention facilities he was financially connected to.

In fact, according to a transcript of one of the Interbranch Commission’s hearings on the causes of the scandal, Ciavarella had

unilaterally eliminated county contracts with at least one public detention center, easing his ability to send convicted children to those privately owned centers.

Williams, former regional director of the Department of Agriculture and a former Wyoming County Commissioner who participated in the Interbranch Commission hearings, found out just how little oversight the Luzerne County commissioners had over Ciavarella during his official questioning of the former Deputy Director of Forensic Services for the Luzerne County Juvenile Probation Office who insisted that “the court was separate from the County Commissioners.”

Such separation does not exist in Wyoming County, Williams said, adding that he believes the county is padded with sufficient checks and balances to ensure the kind of power Ciavarella attained is never placed in a single person or office’s hands.

“Wyoming County is managed so well.  Our juvenile probation people are right on their toes.  And Judge (Russell) Shurtleff handles juvenile justice so well.  He makes sure juveniles know their rights.”

County solicitor James Davis explained that as president judge of Luzerne County, Ciavarella had wielded a tremendous amount of power, particularly since he reigned over a cadre of other county judges.

But he pointed out, “Wyoming County is unique.  There is only one judge.”

The same holds true for Susquehanna County.

Williams said the manner in which juveniles are treated by the Wyoming County Court goes back to the days when Judge Brendan Vanston presided.

“Judge Vanston was always there to ensure juveniles were given their rights,” he said.

Legg, the Susquehanna County District Attorney who was also a member of the Interbranch Commission said Friday that the damage Ciavarella had done to the Pennsylvania judiciary cannot be understated.

“As a prosecutor, I was disgusted with Ciavarella’s refusal to accept responsibility for his reprehensible behavior.  The public needed no further demonstration of the baseness of this man’s character, but we got a good dose of it when (he) began to blame others for his criminal conduct and attempted to minimize his criminal activities.”

“It will take a lot of hard work from all of us to repair the public’s confidence and trust,” Legg added.

Williams said he personally felt that justice had been served by the sentence.

“He got what he preached,” Williams said, referring to the “zero tolerance” policies Ciavarella had applied to any child appearing before him.

Wyoming County Correctional Facility Warden Mickey Ameigh agreed with Williams, saying “I believe the sentence is just.”

But, he added, “jurisprudence is supposed to be about justice, not retribution,” and cautioned that it’s difficult for those not directly involved in the case against Ciavarella to really know whether the sentence fits the crime.

Davis, who said he didn’t have any specialized knowledge and could only comment as a member of the public stated that if Ciavarella “did half of what he was accused of, he did not do honor to his position,” and that “the entire judiciary of Luzerne County would get a black eye” as a result of Ciavarella’s actions.

“In terms of his sentence, the things he was convicted of, he needed to go to jail,” Davis added.  “And the sentence is an example that our system works.”