It is now up to a federal judge to decide if two former Luzerne County judges should be dismissed from civil lawsuits filed in the corruption scandal.
Former Luzerne County Judge Mark Ciavarella was in federal court in Wilkes-Barre Wednesday as a federal judge heard arguments about a civil case filed against him and former Judge Michael Conahan. The lawsuit was filed by juveniles who said they were locked up improperly so the judges could benefit financially.
"I really can't comment on it. I'm sorry," said Ciavarella outside of court.
The former judges argue they cannot be sued because they have judicial immunity, meaning protection from decisions they made as judges.
Attorneys for the juveniles said that is not so.
"Essentially this wasn't a legitimate courtroom. It was operating outside the bounds of the constitution. It denied kids their most fundamental and critical constitutional rights to counsel to knowing guilty pleas, to an impartial tribunal where a judge is not on the take which is what was going on here," said Marsha Levick of the Juvenile Law Center.
The judges are not the only ones being sued. Luzerne County is also named in that civil case because the juveniles and their families said Luzerne County workers, specifically the district attorney at the time and his assistants, should have done something to stop Ciavarella from sending juveniles to a detention center without legal representation.
"He or his assistant district attorneys were sitting in the courtroom where day after day hundreds of people, thousands of people over the course of time were denied constiutional rights and it was obvious," said Daniel Segal, an attorney for the juveniles and their families.
An attorney for the county said in court those allegations are false.
There is no word on when the federal judge will make his decisions on the civil case again Luzerne County and the former judges.
Former Luzerne County Judge Mark Ciavarella was in federal court in Wilkes-Barre Wednesday as a federal judge heard arguments about a civil case filed against him and former Judge Michael Conahan. The lawsuit was filed by juveniles who said they were locked up improperly so the judges could benefit financially.
"I really can't comment on it. I'm sorry," said Ciavarella outside of court.
The former judges argue they cannot be sued because they have judicial immunity, meaning protection from decisions they made as judges.
Attorneys for the juveniles said that is not so.
"Essentially this wasn't a legitimate courtroom. It was operating outside the bounds of the constitution. It denied kids their most fundamental and critical constitutional rights to counsel to knowing guilty pleas, to an impartial tribunal where a judge is not on the take which is what was going on here," said Marsha Levick of the Juvenile Law Center.
The judges are not the only ones being sued. Luzerne County is also named in that civil case because the juveniles and their families said Luzerne County workers, specifically the district attorney at the time and his assistants, should have done something to stop Ciavarella from sending juveniles to a detention center without legal representation.
"He or his assistant district attorneys were sitting in the courtroom where day after day hundreds of people, thousands of people over the course of time were denied constiutional rights and it was obvious," said Daniel Segal, an attorney for the juveniles and their families.
An attorney for the county said in court those allegations are false.
There is no word on when the federal judge will make his decisions on the civil case again Luzerne County and the former judges.
