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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| SENATE RESOLUTION |
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| INTRODUCED BY WASHINGTON, TARTAGLIONE, GREENLEAF, MUSTO, BROWNE, WILLIAMS, RAFFERTY, FERLO, EARLL, WAUGH, SMUCKER, PICCOLA, KITCHEN, FOLMER, LEACH AND WONDERLING, APRIL 2, 2009 |
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| REFERRED TO JUDICIARY, APRIL 2, 2009 |
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| A RESOLUTION |
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1 | Condemning the actions of former Luzerne County Judges Mark |
2 | Ciavarella and Michael Conahan for taking kickbacks from |
3 | privately owned youth detention centers and urging the |
4 | Pennsylvania Supreme Court to exercise greater oversight of |
5 | juvenile court proceedings. |
6 | WHEREAS, Former Luzerne County Judges Mark Ciavarella and |
7 | Michael Conahan were charged on January 26, 2009, with taking |
8 | kickbacks from privately owned youth detention centers operated |
9 | as PA ChildCare LLC and Western PA ChildCare LLC, respectively; |
10 | and |
11 | WHEREAS, Prosecutors allege that Judges Ciavarella and |
12 | Conahan sent teenagers to these privately operated youth |
13 | detention centers in return for $2.6 million; and |
14 | WHEREAS, Many times, youth appeared before these two judges |
15 | without counsel, despite the constitutional right to counsel; |
16 | and |
17 | WHEREAS, The percentage of youth being sent to detention |
18 | centers was more than 25% in Luzerne County when sentenced by |
19 | Judge Ciavarella, compared to 10% Statewide; and |
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1 | WHEREAS, Youth advocacy groups have been complaining for |
2 | several years that Judge Ciavarella has been harsh in his |
3 | sentencing of youth and has run "roughshod" over the |
4 | constitutional rights of these youth; and |
5 | WHEREAS, Judges Ciavarella and Conahan allegedly have taken |
6 | these kickbacks from 2003 to 2006; and |
7 | WHEREAS, Judges Ciavarella and Conahan pleaded guilty to |
8 | fraud and entered into a plea agreement on February 12, 2009; |
9 | and |
10 | WHEREAS, Judges Ciavarella and Conahan have been removed from |
11 | the bench by the Pennsylvania Supreme Court; and |
12 | WHEREAS, The impact of these actions by two judges has |
13 | resulted in the mistrust of the justice system for juveniles and |
14 | could call into question all of the sentences pronounced by |
15 | these two corrupt judges; therefore be it |
16 | RESOLVED, That the Senate strongly condemn the actions of |
17 | former Luzerne County Judges Ciavarella and Conahan; and be it |
18 | further |
19 | RESOLVED, That the Pennsylvania Supreme Court take swift and |
20 | deliberate action to study the entire juvenile justice system |
21 | and to put measures in place for additional oversight to ensure |
22 | the public that fraudulent actions such as these have no place |
23 | in the justice system; and be it further |
24 | RESOLVED, That a copy of this resolution be sent to Chief |
25 | Justice Ronald Castille of the Pennsylvania Supreme Court. |
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