Opinion
No. 81 MM 2008.
August 7, 2009.
ORDER
AND NOW, this 7th day of August, 2009, pursuant to the authority granted the undersigned by the Supreme Court of Pennsylvania, IT IS HEREBY ORDERED AS FOLLOWS:
1. All cases in juvenile court over which Mark A. Ciavarella, Jr. presided and in which adjudications of delinquency or consent decrees were entered between January 1, 2003 and May 31, 2008 shall be preserved under seal and in keeping with the authority of the Special Master as set forth herein.
2. The documents retained shall consist of the following:
a. The actual case file from the Luzerne County Clerk of Courts' Office, including all original and other documents contained therein; and
b. A certified copy of the Luzerne County Juvenile Court docket entries for the juvenile's case; and
c. All documents in the juvenile's file in the Luzerne County Juvenile Probation Office to which the juvenile would be entitled; and
d. All notes of testimony, whether transcribed or not.
3. All documents as set forth in Paragraph 2 shall be kept under seal in the custody of the Office Director of the Juvenile Probation Office, or in such other location as may be approved in writing by the Special Master, or by order of a court of competent jurisdiction. Said files shall be kept in alphabetical order.
4. All files which have been placed under seal pursuant to Paragraph 3 above shall not be accessed by any individual except upon written authorization by the Special Master or by order of court of competent jurisdiction.
5. Files in the custody of the Luzeme County Juvenile Probation Office which have been placed under seal pursuant to Paragraph 3 above shall not be destroyed until the conclusion of the trial, or termination of the actions by dispositive motion or agreement, in B.W., by Florence Wallace v. Powell, U.S.D.C. M.D. Pa., Docket No. 0-9-cv-0286, Conway v. Conahan, U.S.D.C. M.D. Pa., Docket No. 09-cv-0291, H.T. v. Ciavarella, U.S.D.C. M.D. Pa., Docket No. 09-cv-357, and Humanik v. Ciavarella, U.S.D.C. M.D. Pa., Docket No. 09-cv-630 and after thirty (30) days prior notice has been given in the following manner:
a. Public notice through the Luzerne County Law Journal c/o Wilkes-Barre Law and Library Association as well as through one newspaper of general circulation in Luzerne County; and
b. Actual notice to counsel in the Federal cases listed above.
6. Service of this Order This Order shall be served upon the following in the manner indicated:
a. Lourdes M. Rosado, Esquire, Juvenile Law Center (by fax to [215] 625-2808);
b. The Honorable Jacqueline M. Carroll, District Attorney of Luzerne County (by fax to [570] 825-1622);
c. The Wilkes-Barre Law and Library Association, by fax and First Class Mail to:
Wilkes-Barre Law and Library Association Courthouse Wilkes-Barre, PA 18711-1001 Fax: (570) 822-8210
d. By First Class Mail to:
Mr. Robert F. Reilly Clerk of Courts Luzerne County Courthouse 200 North River Street Wilkes-Barre, PA 18711
e. By First Class Mail to:
Mr. John E. Johnson Department of Probation Services Juvenile Division Penn Place Building, Suite 329 20 North Pennsylvania Ave. Wilkes-Barre, PA 18701-3507
f. By First Class Mail to:
The Honorable A. Richard Caputo United States District Judge for the Middle District of Pennsylvania Max Rosenn U.S. Courthouse 197 South Main Street, Suite 161 Wilkes-Barre, PA 18701