The PHILADELPHIA based Juvenile Law Center filed the suit to overturn juvenile cases before President Judge Mark Ciavarella because the children didn't have lawyers.
As former District Attorney for Luzerne County why did your office and the Luzerne County Public Defender's Office ignore the constitutional rights of 500+ CHILDREN while they were allegedly violated? The Indictment details these allegations as part of the federal investigation.
Former President Judge Mark Ciavarella allegedly admitted that he ERRED by not reciting the LEGALLY REQUIRED questioning of juvenile defendants asking them ON THE RECORD if they knew that they had a right to legal counsel. Ciavarella removed himself from the Juvenile Court and assigned David Lupas to take over.
Wouldn't it appear to the prudent public that An Attorney from The Luzerne County District Attorney's Office should have been present every time Ciavarella violated the constitutional rights of a juvenile defendant? The Luzerne County District Attorney Office, as Officers of the Court, were equally required to step in when Judge Mark Ciavarella did not ask the juveniles ON THE RECORD if they knew they had a right to legal counsel. To accept any other premise is unconcionable. They took an oath of office to act in the interest of justice. What reports on outcome were transmitted back to the office of the District Attorney during these alleged violations?
Every thing that Judges Michael Conahan and Mark Ciavarella are now accused of doing, they did openly in full view of The Luzerne County District Attorney's Office. David Lupas did not question what was going on in Juvenile Court when he was DA.
David Lupas was head of The Luzerne County DA's Office during most of the events leading up to the current scandals surrounding Conahan and Ciavarella.
The Luzerne County District Attorney is the Defense Attorney for Judges Mark Ciavarella and Michael Conahan. In any CIVIL PROCEEDING filed against Judges Conahan and Ciavarella, The Luzerne County District Attorney would immediatey file an answer to that lawsuit as THE ATTORNEY OF RECORD for Defendants Conahan and Ciavarella. In fact Luzerne County District Attorney Jackie Musto-Carroll in filed a response to the petition from Juvenile Law Center ON BEHALF OF Judge Mark Ciavarella.