{"id":18333,"date":"2012-09-04T14:01:57","date_gmt":"2012-09-04T19:01:57","guid":{"rendered":"http:\/\/law.marquette.edu\/facultyblog\/?p=18333"},"modified":"2012-09-04T14:05:17","modified_gmt":"2012-09-04T19:05:17","slug":"why-were-the-lawyers-wearing-blinders","status":"publish","type":"post","link":"https:\/\/law.marquette.edu\/facultyblog\/2012\/09\/why-were-the-lawyers-wearing-blinders\/","title":{"rendered":"Why Were the Lawyers Wearing Blinders?"},"content":{"rendered":"

In the September 2009 issue of the ABA Journal<\/em>, the author of the article \u201cTown Without Pity,\u201d Wendy Davis, asked, \u201cWhere Were the Lawyers?\u201d\u00a0 Judge Mark Ciavarella had been giving jail sentences to juveniles that were shocking to the\u00a0conscience for minor offenses.\u00a0 All the lawyers in the court system, including the district attorney, knew what was happening, but very few challenged Ciavarella. Barry Dyller, a local Wilkes-Barre attorney quoted in the article, stated that \u201conly the absolute strongest lawyers, who didn\u2019t mind facing his wrath\u201d ever argued with the judge\u2019s decisions. The other defense attorneys, the article notes, appeared resigned to these rulings. Additionally, if there were any lawyers who suspected the judge was taking bribes, there is no record of any stepping forward.<\/p>\n

In August 2011, Ciavarella was sentenced to 28 years in federal prison on racketeering charges, among others, in a case that was called \u201cKids For Cash.\u201d\u00a0 Ciavarella, along with another Luzerne County judge, accepted bribes totaling over $2.6 million from the builder of juvenile detention centers in exchange for sending thousands of children to newly built facilities in order to ensure the facilities would be adequately utilized.\u00a0 <\/p>\n

Approximately 4,000 of the juvenile convictions handed out during the five-year scheme were overturned by the Pennsylvania Supreme Court on grounds that the children\u2019s constitutional rights were violated, including their right to be represented by counsel.<\/p>\n

The question remains: How was a judge able to consistently issue astoundingly harsh sentences and punishments to these children, some as young as ten and first-time offenders, for petty and minor offenses? \u00a0After knowing about this situation for years, why did so few lawyers push back against these decisions? Were they wearing blinders? In swearing to uphold the law, we have an ethical obligation to stand up for justice.\u00a0 We have an obligation to monitor and police our profession.<\/p>\n

The scandal came to light when the Philadelphia-based Juvenile Law Center (JLC) received a call from an alarmed parent in 2007. The parent revealed information which spurred the JLC to begin investigating these cases. The JLC filed a petition with the Pennsylvania Supreme Court in 2008 for relief after finding hundreds of cases in which juveniles appeared before Ciavarella without legal counsel, were convicted, and immediately sent to detention centers. While that initial petition was denied, it led to other investigations which found substantial information to criminally charge Ciavarella.<\/p>\n

Luzerne County has taken steps to restore public confidence, including the election of six new judges just months after Ciavarella\u2019s conviction.\u00a0 The more surprising move, however, was the subsequent election for District Attorney, which was won by Stephanie Salavantis, a lawyer who graduated only two years before the race.\u00a0 Salavantis defeated the incumbent D.A. who had more than twenty years of experience as a prosecutor.\u00a0 This was perhaps the most obvious evidence of the citizens\u2019 displeasure with their legal system, a clear statement that the limited in-practice experience of Salavantis was preferred over a veteran official who witnessed \u201cKids for Cash\u201d convictions and did nothing to protect the children.<\/p>\n

More recently, in an effort to repair and reform, two laws were enacted that work to provide and preserve the rights of children.\u00a0 In April of 2012, Pennsylvania Governor Tom Corbett signed two bills into law. One law requires children under fourteen to be represented by counsel, and the other requires judges to provide reasons why a minor received his or her disposition and, if a minor is incarcerated in a detention facility, explanations as to why a specific facility was chosen.<\/p>\n

The \u201cKids For Cash\u201d scandal is an unfortunate example that evidences the necessity of vigilance in policing our own profession and protecting the public.<\/p>\n

Why were the lawyers wearing blinders?\u00a0 They were caught up in the institutional bias of the legal profession against blowing the whistle on other members and feared the retaliation that might follow.<\/p>\n

Attorney Michael F. Hupy is a Certified Civil Trial Specialist and Marquette University graduate. He focuses on injury law at his firm, Hupy and Abraham, S.C.<\/a>, and supports many safety programs, including the Hupy and Abraham \u201cWatch for Motorcycles\u201d Awareness Program and other community organizations. In 2011, the firm donated over $150,000 to more than 100 local organizations.<\/em><\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

In the September 2009 issue of the ABA Journal, the author of the article \u201cTown Without Pity,\u201d Wendy Davis, asked, \u201cWhere Were the Lawyers?\u201d\u00a0 Judge Mark Ciavarella had been giving jail sentences to juveniles that were shocking to the\u00a0conscience for minor offenses.\u00a0 All the lawyers in the court system, including the district attorney, knew what 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