They Can Run- But They Can’t Hide Anymore


The Lucerne County PA Scandal? I was doing my research today on Judicial Immunity and that’s how I came back to this issue.

Juvenile court is an independent judiciary and that may change after this. They already are having to open their doors but they are shifting the accountability over to the defendants and off of them by welcoming the public in and making things so bad for the battered mother (example) that the audience wont feel sorry for her at all for going back to the ass!So she deserves to lose her children! that’s on a training tape, visiting scholors at Emory Barton school of law.

Other people are coming forward with issues they have had in Juvenile court now! I know this is PA but we had one or two from Atl. recently that were doing this same thing. This is what out judge did to Katie at 11 yrs old for being unruly after her little sister died…kept her in jail for 75 days before a court hearing!!!!! THEN used to again to add onto her orders in the termination, said she didnt take advantage of the services that were offered to you then either! Services???? OMG

RE: Two Juvenile Judges who have been arrested for taking HUGE kickbacks for shipping juveniles like cattle to keep a new private facility filled?????

Well this js turning into something bigger than they expected as far as corruption throughout the US juvenile system ”

I signed in for a free one of .Here is the first article:law.com The Legal Intelligencer

It was easy and fast so I have 1 month to check out their journals for free. If you take the free month, here is the link to the first article so start from there (many many of them on these guys) at the end of the article click on the link to go to scandal and thats where the rest are.

Link and then story below: http://www.law.com/jsp/article.jsp?id=1202434057441

Scholars, Former Judges Oppose Judicial Immunity Claim of Ex-Pa. Judges
Former Pa. Judges Plead Not Guilty to New Charges
A group of 20 former judges and legal scholars have written an amicus curiae brief in the class action suit against two former Luzerne County judges and others, supporting arguments that Michael T. Conahan and Mark A. Ciavarella Jr. should not be able to invoke the doctrine of judicial immunity.

They say the doctrine cannot cover judges who have admitted to criminal conduct because of public policy concerns. The brief comes less than two weeks after plaintiffs attorneys urged U.S. District Court Judge A. Richard Caputo, in an 87-page filing, to reject the former judges’ claims of judicial immunity.

The group is composed of several well-known members of the Pennsylvania legal community — including former Superior Court Judge Phyllis W. Beck; former U.S. District Court Judge James T. Giles; former 3rd U.S. Circuit Court of Appeals Judge Timothy K. Lewis; Doris DelTosto Brogan, the acting dean of Villanova University School of Law; Roger Dennis, the founding dean of the Earle Mack School of Law at Drexel University; and JoAnne Epps, dean of Temple University’s Beasley School of Law — as well as Bobbe Bridge, a former chief justice of the Washington State Supreme Court.

The group filed the brief Monday.

The group’s attorney, Sara B. Richman of Pepper Hamilton in Philadelphia, did not return a call seeking comment. However, Epps and Abraham Gafni, a professor at Villanova University School of Law, said they were approached by attorneys involved in the class action suit about signing on to an amicus curiae brief.

Both said the issue of judicial immunity in the wake of criminal charges or admission of criminal wrongdoing, though rare, is important. Gafni said it’s an issue he thinks the 3rd Circuit would likely want to address and such cases are not readily available.

“Very rare is the allegation that a judge was actually committing a crime,” Gafni said. “Even rarer would be the case where the judges admitted it, in a sense, by pleading guilty.”
Said Epps: “This issue, about the relationship of judicial immunity in the wake of criminal charges, is a modest example of something that can impugn judicial integrity.”

A motion accompanying the brief makes it clear that members are concerned a ruling contrary to their stance would damage the “integrity and public trust in an independent judiciary.” It was signed by Richman, Giles and Barbara Mather, all of Pepper Hamilton.

In separate filings July 27, both Conahan and Ciavarella argued they should be dismissed from the civil suits alleging violations of constitutional rights and the civil RICO statute because they were acting in their judicial capacities when they allegedly accepted more than $2.6 million from the builder and a former co-owner of two private juvenile detention facilities. Further, Ciavarella argued, he was acting in his judicial capacity when he sentenced juveniles to those facilities. Conahan additionally argued he was protected by legislative immunity for his role in eliminating funding for a county-owned facility.

Writing that the issue of whether a judge who has admitted to criminal wrongdoing may be protected by judicial immunity is one of first impression for the federal court system, the group relied on public policy concerns and reasoning.

The group could only find one instance in which a court extended immunity to an admittedly criminal act, it wrote, and urged Caputo to deviate from that decision because it was non-precedential.

In the brief, the group argued judicial immunity is designed to protect judges from “harassing, meritless lawsuits brought by dissatisfied litigants.” It cannot, however, extend to admitted criminal conduct, the group wrote, because such conduct cannot be considered judicial acts.
And though Conahan and Ciavarella have since withdrawn their conditional guilty pleas, their admissions of guilt before U.S. District Judge Edwin M. Kosik “are indelible and for civil liability purposes suffice as incontrovertible admissions no matter the outcome of the criminal trial which is now expected,” the group wrote.

The former judges are charged with racketeering and related charges for allegedly taking $2.8 million in payments from the builder and former co-owner of two private juvenile detention facilities, PA Child Care and Western PA Child Care. Conahan and Ciavarella had originally entered conditional guilty pleas in the case, but withdrew those admissions when Kosik rejected the terms of their plea agreement. Prosecutors responded by securing a 48-count indictment against them Sept. 9.

“Judicial immunity has deservedly broad scope to protect judges as they act in their judicial capacity, which is presumed to be always for the benefit of the public interest,” the group wrote in its brief. “However, the public policy underlying judicial immunity — the protection of judicial independence and integrity — would be severely undermined by bowing to defendants’ assertions in this case. For Conahan and Ciavarella to argue that their admitted criminal conduct was in the public interest makes a mockery of the necessary doctrine of judicial immunity. It is hard to imagine conduct less deserving of immunity protection than the wholesale sale of children into detention.”

Though attorneys for the plaintiffs in the case did not focus on the former judges’ original admissions of guilt, the group’s argument echoes that which the class made in its Sept. 10 reply brief.

Attorneys for the plaintiffs wrote neither Ciavarella nor Conahan was entitled to judicial immunity because the acts “critical” to their scheme — their alleged efforts to close a county-run facility and steer juveniles to the private facilities — were administrative in nature. Further, the attorneys argued, Ciavarella could not claim immunity because his “‘courtroom’ was not a true courtroom and his challenged acts were not ‘truly judicial acts.'” Conahan was likewise individually barred from a claim of legislative immunity because his actions to “remove funding” for the county-owned juvenile detention facility were political in nature. President judges, the attorneys wrote, are not provided with the power “to create, vote on, or sign into law a county budget” under Pennsylvania law.

“Hardly a one-victim, isolated case of government corruption, the scandal is uniquely distinguished by its duration and magnitude, the extraordinary amount of money — $2.6 million — that changed hands, and, most reprehensible of all, the fact that its victims were the most vulnerable members of our society — our children,” the plaintiffs attorneys wrote. “In their unlawful and self-dealing pursuit of personal wealth, Ciavarella and Conahan profoundly undermined core principles of our judicial system.”

For more coverage on Luzerne County, visit The Legal Intelligencer’s Luzerne County Scandal page.

About yvonnemason

Background:  The eldest of five children, Yvonne was born May 17, 1951 in Atlanta, Georgia. Raised in East Point, Georgia, she moved to Jackson County, Ga. until 2006 then moved to Port St. Lucie, Florida where she currently makes her home.  Licensed bounty hunter for the state of Georgia. Education:  After a 34 year absence, returned to college in 2004. Graduated with honors in Criminal Justice with an Associate’s degree from Lanier Technical College in 2006. Awards:  Nominated for the prestigious GOAL award in 2005 which encompasses all of the technical colleges. This award is based not only on excellence in academics but also leadership, positive attitude and the willingness to excel in one’s major. Affiliations:  Beta Sigma Phi Sorority  Member of The Florida Writer’s Association – Group Leader for St Lucie County The Dream:  Since learning to write at the age of five, Yvonne has wanted to be an author. She wrote her first novel Stan’s Story beginning in 1974 and completed it in 2006. Publication seemed impossible as rejections grew to 10 years. Determined, she continued adding to the story until her dream came true in 2006. The Inspiration:  Yvonne’s brother Stan has been her inspiration and hero in every facet of her life. He was stricken with Encephalitis at the tender age of nine months. He has defied every roadblock placed in his way and has been the driving force in every one of her accomplishments. He is the one who taught her never to give up The Author: Yvonne is currently the author of several novels, including:  Stan’s Story- the true story of her brother’s accomplishments, it has been compared to the style of Capote, and is currently being rewritten with new information for re-release.  Tangled Minds - a riveting story about a young girl’s bad decision and how it taints everyone’s life around her yet still manages to show that hope is always possible. This novel has been compared to the writing of Steinbeck and is currently being written as a screenplay. This novel will be re-released by Kerlak Publishing in 2009  Brilliant Insanity – released by Kerlak Publishing October 2008  Silent Scream – Released by Lulu.com October 2008- Slated to be made into a movie Yvonne’s Philosophy in Life - “Pay it Forward”: “In this life we all have been helped by others to attain our dreams and goals. We cannot pay it back but what we can do is ‘pay it forward’. It is a simple
This entry was posted in corruption in Juvenile Courts and tagged , , , , . Bookmark the permalink.

One Response to They Can Run- But They Can’t Hide Anymore

  1. Fuze says:

    Step up and help these kids she says ? I can’t believe she has the nerve along with stating making a killing off raising the kids. This bitch is, pardon my language, retarded. Lady wake up and start reading, you are helping kids become unproductive members of society, in other words criminals, due to the fact of growing up learning how they were stolen from their families and rebelling because of that. My baby was fucking kidnapped on false claims with zero evidence, in court they literally asked the judge if the court can please find these allegations true. Now what the hell kind of shit is that ?

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s