Pocono News Section

Judges 'Immune' To Parts of Juvenile Lawsuits

Judges 'Immune' To Parts of Juvenile Lawsuits - Friday, November 20, 2009 at 11:59PM EST

Reported by: Joe Holden
Friday, Nov 20, 2009 @ 11:59pm EST

WILKES-BARRE, LUZERNE COUNTY- A federal court judge released three opinions on Friday related to the civil cases against two rogue former judges. Michael Conahan and Mark Ciavarella will be immune to civil action against their courtroom activity and rulings from the bench, including thousands of repeated abuses where it's been found juveniles weren't properly advised of their right to an attorney.

The opinions, though, open the door and attorneys say will expose how the ex-judges constructed their criminal empire. Attorneys representing hundreds of juveniles will be able to press the men about decisions leading to the shuttering of an old county jail in favor of leasing a privately run detention center, which funneled million into Conahan and Ciavarella's pockets.

Attorneys for the juveniles called the opinion a "clear victory." Tough heavy legal debate swirled in some circles, particularly on the question of county liability. Named as a defendant, Luzerne County will like be removed from the lawsuits on a motion to dismiss, according to county attorneys. They cite language in the opinion that suggests Conahan and Ciavarella, as actors on behalf of the Commonwealth, were more closely aligned with the state, as opposed to the county's branch of government.

Both sides have the option of appealing to the 3rd Circuit Court of Appeals.