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Title: Judge in "Kids for Cash" Scandal Gets Seven Years
Source: The Guardian
URL Source: http://www.guardian.co.uk/world/200 ... e-judges-cash-detention-centre
Published: Mar 9, 2009
Author: Ed Pilkington
Post Date: 2009-03-09 19:05:45 by Turtle
Keywords: None
Views: 166
Comments: 13

Hillary Transue was 14 when she carried out her prank. She built a hoax MySpace page in which she posed as the vice-principal of her school, poking fun at her strictness. At the bottom of the page she added a disclaimer just to make sure everyone knew it was a joke. "When you find this I hope you have a sense of humour," she wrote.

Humour is not in abundance, it seems, in Luzerne County, northern Pennsylvania. In January 2007 Transue was charged with harassment. She was called before the juvenile court in Wilkes-Barre, an old coal town about 20 miles from her home.

Less than a minute into the hearing the gavel came down. "Adjudicated delinquent!" the judge proclaimed, and sentenced her to three months in a juvenile detention centre. Hillary, who hadn't even presented her side of the story, was handcuffed and led away. But her mother, Laurene, protested to the local law centre, setting in train a process that would uncover one of the most egregious violations of children's rights in US legal history.

Last month the judge involved, Mark Ciavarella, and the presiding judge of the juvenile court, Michael Conahan, pleaded guilty to having accepted $2.6m (£1.8m) from the co-owner and builder of a private detention centre where children aged from 10 to 17 were locked up.

The cases of up to 2,000 children put into custody by Ciavarella over the past seven years - including that of Transue - are now being reviewed in a billowing scandal dubbed "kids for cash". The alleged racket has raised questions about the cosy ties between the courts and private contractors, and about the harsh treatment meted out to adolescents.

Alerted by Laurene Transue, the Juvenile Law Centre in Wilkes-Barre began to uncover scores of cases in which teenagers had been summarily sent to custody by Ciavarella, dating as far back as 1999. One child was detained for stealing a $4 jar of nutmeg, another for throwing a sandal at her mother, a third aged 14 was held for six months for slapping a friend at school.

Half of all the children who came before Ciavarella had no legal representation, despite it being a right under state law. The Juvenile Law Centre has issued a class action against the two judges and other implicated parties in which it seeks compensation for more than 80 children who it claims were victims of injustice.

The prosecution charge sheet alleges that from about June 2000 to January 2007 Ciavarella entered into an "understanding" with Conahan to concoct a scheme to enrich themselves. The two judges conspired to strip the local state detention centre of funding, diverting the money to a private company called PA Child Care which it helped to build a new facility in the area.

In January 2002, prosecutors allege, Conahan signed a "placement guarantee agreement" with the firm to send teenagers into their custody. Enough children would be detained to ensure the firm received more than $1m a year in public money. In late 2004 a long-term deal was secured with PACC worth about $58m.

In return, the prosecutors allege, the judges received at least $2.6m in kickbacks. They bought a condominium in Florida with the proceeds. PACC's then owner, Bob Powell, who has not been charged, used to moor his yacht at a nearby marina. He called the boat "Reel Justice".

For a man who has agreed to serve more than seven years in jail as part of a plea bargain, Ciavarella comes across as remarkably unflustered. He invited the Guardian into his Wilkes-Barre home where he remains free on bail pending sentencing.

Though he pleaded guilty to conflict of interest and evasion of taxes, he insists that he took the money in all innocence, assuming it to be a legitimate "finder's fee" from the private company for help in building the detention centre. He denies sending children to custody in return for kickbacks. "Cash for kids? It never happened. People have jumped to conclusions - I didn't do any of these things."

He says that he regarded his court as a place of treatment for troubled adolescents, not of punishment. "I wanted these children to avoid becoming statistics in an adult world. That's all it was, trying to help these kids straighten out their lives."

As evidence, Ciavarella claims the percentage of children he sentenced to custodial placements remained steady from 1996, when he was appointed to the court, until he stood down from it in 2008. Yet the facts suggest otherwise.

For the first two years of his term his rate of custodial sentencing was static at 4.5% of cases. In 1999 - shortly before he allegedly began the racket with Conahan, according to prosecutors - it suddenly shot up to 13.7%. By 2004 it had risen to up to 26% of all teenagers entering his court.

Ciavarella hopes that with good behaviour he may spend only six years in jail.

Hillary Transue, meanwhile, is now 17 and in high school. She spent a month in detention for the parody. For many months afterwards she was ostracised by friends and neighbours, labelled a delinquent.

"It's nice to see him on the other side of the bench," she says of Ciavarella. "I'm sure he understands now how it feels."


Poster Comment:

I think I have all the ignoramuses here on bozo, but perhaps not. I remember someone told me judges were completely immune for what they do on the bench, which is utter nonsense,

This one got seven years for what he did on the bench.

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#1. To: Turtle (#0)

For what he did, he should have gotten 70 years.

Science flies you to the moon.
Religion flies you into buildings.

Elliott Jackalope  posted on  2009-03-09   19:08:27 ET  Reply   Trace   Private Reply  


#2. To: Elliott Jackalope (#1)

I would have executed him. I believe in getting rid of bad people permanently.

In the Old West I would have been a hanging judge.

No place is better than Turtle Island.

Turtle  posted on  2009-03-09   19:11:52 ET  Reply   Trace   Private Reply  


#3. To: Turtle (#2)

I would have executed him. I believe in getting rid of bad people permanently.

In the Old West I would have been a hanging judge.

bumpity bump bump bump


"If you love wealth more than liberty, the tranquility of servitude better than the animating contest of freedom, depart from us in peace. We ask not your counsel nor your arms. Crouch down and lick the hand that feeds you. May your chains rest lightly upon you and may posterity forget that you were our countrymen.”—Samuel Adams


Rotara  posted on  2009-03-09   19:13:08 ET  Reply   Trace   Private Reply  


#4. To: Turtle (#0)

In return, the prosecutors allege, the judges received at least $2.6m in kickbacks. They bought a condominium in Florida with the proceeds. PACC's then owner, Bob Powell, who has not been charged, used to moor his yacht at a nearby marina. He called the boat "Reel Justice".

They need to charge this creep too. He was party to the crimes too.

LACUMO  posted on  2009-03-09   19:39:07 ET  Reply   Trace   Private Reply  


#5. To: Elliott Jackalope (#1)

For what he did, he should have gotten 70 years.

That would be a good start. Of course the asshole who owned the kiddie jail and it's corporate officers need to suffer the same fate. And they all need to lose every single asset they have.

"I'd like to live just long enough to be there when they cut off your head and stick it on a pike as a warning to the next ten generations that some favors come with too high a price." Vir Cotto, Babylon 5

orangedog  posted on  2009-03-09   19:40:15 ET  Reply   Trace   Private Reply  


#6. To: Turtle (#2)

I would have executed him. I believe in getting rid of bad people permanently.

In the Old West I would have been a hanging judge.

Too easy, and too quick.

Buried under the sand with honey poured upon his sorry carcass.

Iran Truth Now!

Lod  posted on  2009-03-09   19:49:24 ET  Reply   Trace   Private Reply  


#7. To: orangedog (#5)

Of course the asshole who owned the kiddie jail and it's corporate officers need to suffer the same fate. And they all need to lose every single asset they have.

Excellent point - this shiite didn't operate in a vacuum.

Iran Truth Now!

Lod  posted on  2009-03-09   19:51:36 ET  Reply   Trace   Private Reply  


#8. To: Turtle (#0)

The cases of up to 2,000 children put into custody by Ciavarella over the past seven years - including that of Transue - are now being reviewed

~ that's a lot of pis*** off folks he's got to think about ~ justice may get served in time by one of them



"You can tell you have created God in your own image when it turns out that he or she hates all the same people you do." -- Anne Lamott

Amandil  posted on  2009-03-09   19:52:46 ET  Reply   Trace   Private Reply  


#9. To: Turtle (#0)

Some asshats hold court decisions in such esteem, they post long, boring diatribes in an attempt to support some point or another. If tomorrow we woke up and every judge had been Ruptured overnight, we'd be a better nation.

Jethro Tull  posted on  2009-03-09   20:05:45 ET  Reply   Trace   Private Reply  


#10. To: Turtle (#0) (Edited)

She was called before the juvenile court in Wilkes-Barre

Juvenile Courts are courts of limited jurisdiction and like many such courts have "judges" that are merely city or county employees, that act as administrators but are not actually judges.

The same can be said for family court judges in many instances. Though they sit in (California) Superior Courts, as Court Commissioners (dressed up like judges), they too can be sued or arrested having no immunity.

Resolve to serve no more, and you are at once freed. I do not ask that you place hands upon the tyrant to topple him over, but simply that you support him no longer; then you will behold him, like a great Colossus whose pedestal has been pulled away, fall of his own weight and break in pieces.

De La Boétie

noone222  posted on  2009-03-09   22:19:47 ET  Reply   Trace   Private Reply  


#11. To: Jethro Tull (#9)

If tomorrow we woke up and every judge had been Ruptured overnight, we'd be a better nation.

If tomorrow we woke up and every LAWYER had been Ruptured overnight, we'd be a better nation.

Resolve to serve no more, and you are at once freed. I do not ask that you place hands upon the tyrant to topple him over, but simply that you support him no longer; then you will behold him, like a great Colossus whose pedestal has been pulled away, fall of his own weight and break in pieces.

De La Boétie

noone222  posted on  2009-03-09   22:21:12 ET  Reply   Trace   Private Reply  


#12. To: lodwick (#6)

Don't forget to face them towards the rising sun with their eyelids cut off!

Bring on the Depression. Bring it the F*** ON! If digging ditches and eating beans for a few years is what it takes for me to see some worthless sacks of crap bankers and politicians living in sack cloth and being spat upon by my fellow Americans well... where's my shovel?!?!

Axenolith  posted on  2009-03-10   2:54:50 ET  Reply   Trace   Private Reply  


#13. To: Turtle (#0)

They bought a condominium in Florida with the proceeds.

And they say there's no karma.

... now with Solium™!

Prefrontal Vortex  posted on  2009-03-10   10:21:33 ET  Reply   Trace   Private Reply  


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