April 28, 2008

PHILADELPHIA, PA — Juvenile Law Center, a Philadelphia-based public interest law firm, filed a petition to the Pennsylvania Supreme Court today requesting immediate, emergency relief on behalf of Luzerne County youth who have been the subject of delinquency hearings without counsel since October 1, 2005 when Pennsylvania adopted the Rules of Juvenile Court Procedure.

“Luzerne County’s Juvenile Court proceedings represent the most egregious violation of children’s constitutional rights in Pennsylvania,” says Marsha Levick, Legal Director at Juvenile Law Center. “When more than half of all youth appear in court without legal representation and are routinely taken from their homes and placed in residential treatment for minor offenses, something is seriously wrong and it must be stopped.”

State records show that since 2005, more than 50% of juveniles appeared in Luzerne County Juvenile Court without benefit of counsel – nearly ten times the state average. A significant percentage of these unrepresented juveniles were ultimately adjudicated delinquent and sanctioned; nearly 60% of delinquency dispositions for youth without counsel resulted in out-of-home placements. The state data show that from 2005 - 2006, more than 500 families in the county were affected and approximately 200 children were removed from their homes, leaving both children and parents feeling bewildered, violated and traumatized.

“I couldn’t believe what was happening,” said one parent. “They told us the hearing was not a big deal, a minor offense. ‘Just sign here and we’ll get this over with,’ they said. Next thing I knew, they were handcuffing my daughter and taking her to a juvenile residential treatment center. I fainted right there in the courtroom.”

Forty years ago, the United States Supreme Court held in In re Gault that the Due Process Clause of the Fourteenth Amendment guarantees youth charged with delinquency a right to counsel. “Lawyers help make sure juvenile courts hold the right kids accountable, that any sentence meets their needs, and that sanctions are proportionate to what they have done,” says Levick. Today, more than forty years after that Supreme Court decision, Luzerne County Juvenile Court is being cited as the worst violator of children’s right to counsel in the state.

“The complete lack of regard for the Constitution, the Juvenile Act and the Rules of Juvenile Court Procedure is staggering,” says Laval Miller-Wilson, Senior Attorney at Juvenile Law Center. “We are asking the Pennsylvania Supreme Court to take immediate action to prevent even one more child from being adjudicated and removed from his or her family without the benefit and guidance of counsel. How can we expect children to respect the rights of others or treat others fairly if our legal system is not held to the same standard? Our legal system is meant to protect, not harm children.”

“This has been a nightmare,” says a Luzerne County youth who posted a fake “My Space” page about a school administrator and appeared without counsel. The Luzerne County Juvenile Court immediately committed her to a residential treatment facility for 90 days. “I didn’t even get to say goodbye to my parents! I wish now that I would have had a lawyer; it would have made a huge difference in my case. I feel like I have to speak out about this or it will keep happening. I’m hoping more kids will have the courage to come forward to tell their stories, too.”

For more information visit jlc.org or contact Rosie McNamara-Jones at (215) 625-0551.