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Records key to cases against two corrupt judges may get destroyed


By Agence France-Presse

Published: July 28, 2009
Updated 7 months ago




Lawyers who argue that thousands of juveniles were sentenced to prison terms by corrupt judges are petitioning a US federal court in Pennsylvania to preserve the case record so they can sue for damages.

Attorneys are seeking to stop the destruction of files related to the cases of an unknown number of juveniles who received prison sentences for minor offenses from two judges who were later found to have accepted bribes from private prison companies.

The petition before a federal judge in Scranton, Pennsylvania came after the state’s Supreme Court in March agreed to expunge the youths’ criminal records, but also ordered the destruction of their files.

Without at least one copy of the relevant files, attorney Lourdes Rosado told AFP, the juveniles will be unable to pursue a civil case seeking damages.

“The federal court needs that information in order to decide whether or not that claim is valuable and whether or not the children are entitled to relief,” said Rosado, associate director of the Juvenile Law Center, a non-profit group which advocates for children’s rights.

After months of procedural battles, the state Supreme Court agreed last week to preserve under seal a copy of documents related to 400 juveniles who have so far been identified as victims and have filed lawsuits.

But, according to Rosado, the total number of victims “could be up to 6,500″ and attorneys are now calling for a class action lawsuit to be certified for all the children who appeared before the judges between 2003 and 2008.

Judges Mark Ciavarella and Michael Conahan of Luzerne County, Pennsylvania admitted last February to having accepted 2.6 million dollars from private prisons in exchange for giving juveniles sentences that were disproportionate to their offenses.

Ciavarella and Conahan have filed a petition seeking the dismissal of lawsuits seeking damages, citing “the doctrine of judicial immunity.”

Among those sentenced by the judges was a young man who received nine months for having stolen a jar of nutmeg worth four dollars, and another juvenile who was sentenced to three months for stealing some change from a car.





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