Out of Luzerne County, Pennsylvania – home of Wilkes-Barre – comes one of the most remarkable and appalling public corruption scandals I've heard to date. At least two Luzerne County judges were involved in a plan to send hundreds of juveniles charged as delinquents to two privately owned detention centers in exchange for millions in kickbacks. Judges Mark A. Ciavarella and Michael T. Conahan plead guilty in Federal Court last week and accepted 87 month sentences; a new judge has been charged this week. The complaint suggests that judges were paid money under the guise of "broker fees" and rental payments for a Florida condo.
These children were sent to detention notwithstanding recommendations by probation officers that the kids return home. According to the brief of the Department of Public Welfare, Luzerne County teens were ten times more likely to go unrepresented than the state average and were 2 1/2 times more likely to be placed outside of their home. It's so bad that the Pennsylvania Supreme Court is actually using its Kings Bench power to determine if any kids are improperly detained. The indictment, plea agreements, and other materials are here.
I can't stop thinking about how children were appropriated by the judges, in this case, and essentially sold for cash. Human beings, human bodies, were systematically captured, cuffed, and physically removed from their homes and families. They were then sold – perhaps rented is a better word – to these private prisons. Is this slavery? If children are wrongfully taken from the parents for cash, that seems to fit the bill. It certainly is commodification of the childrens' bodies. It's easy to look at this story as a simple corruption matter. It is that – and it will result in the usual diminution of trust in our justice system. But the appropriation of human beings for profit is not only deeply immoral – and it is that; it's also a theft that can never be compensated.
Under what theory do we punish these judges? Deterrence, sure. But if there is ever a case for retribution – and I mean the coarsest concept of just deserts – this looks like it. Trusted state officials commandeering the state to sell children? I think an 87 month sentence looks like a pretty good deal.
I haven't read anything other than the sources about the criminal charges, but will there be lawsuits? Do the judges have immunity for something like this, or would this fall outside the scope of judicial immunity? If anything would, I would think this does. Also, is there a 13th Amendment claim here?
I was pretty staunchly anti-death penalty before reading about this case. Seriously, this case – not some sensational murder or rape or anything like that. I always admired Thomas Paine's strong advocacy on behalf of sparing Louis XVI's life, and still do. But it seems that nothing less than a public hanging in the town square is appropriate for these judges, to send them a message (which would leave a short impression, of course), but especially to send the rest of the world a message – in the American Republic, this will no longer be tolerated. Using human beings, in whatever form, to serve the narrow interests of the powerful and well-connected, will no longer be tolerated, and no sympathy accorded to these highest of criminals.
The death penalty will not send the kind of message we want to send potential murders and rapists. My gut tells me that the deterrent effect is a lot stronger, however, in a case like this. It would deter a lot of petty theft if used to punish that, as well. But petty theft is not a serious crime. In my mind, appropriating the state to serve selfish ends (and in the process systematically alter and perhaps ruin the lives of vulnerable adolescents) is a crime more serious than murder or rape, and more damaging to the idea of self-rule. 87 months is an embarrassment.
I see District Attorneys who refuse to dismiss cases for petty offenses everyday. I cannot fathom why a deal is even being offered. These judges removed the last bastion of hope for these children–the impartiality of a fair legal system. The DA's in Luzerne should take all the dignity from these men as possible, including giving them any say in what sentence they get. Refuse to deal, and let the embarrassment and humility of a very public trial eat at them. These Judges should see the same sight as their victims–a gavel pounding and a judge pronouncing sentence on them.
These two judges will not spend a single night in jail for what they did to these kids. They are not being punished for child abuse/trade/slavery whatever, only kickbacks (and not paying taxes).
Chances are most Americans approve how the judges dealt with the children. Since when did Americans care if children are handled fairly in court? Well maybe 100 years ago. But today the only thing that matters is harsh punishment. And if the kid happened to be innocent, well prison was good for him it will keep him from future crime, no? Ans anyway if he was so innocent, why did he get in trouble in the first place?
If the feds dropped the charges I bet these two judges would get re-elected.