Opinion
No. 81 MM 2008.
December 4, 2009.
ORDER
WHEREAS, the Interbranch Commission on Juvenile Justice ("the Commission") was created by Pennsylvania law on August 7, 2009 in response to the juvenile court scandal in Luzerne County; and
WHEREAS, the Commission is charged with (i) investigating how the Luzerne County juvenile justice system failed, (ii) restoring public confidence in the administration of justice, and (iii) attempting to prevent similar events from occurring in the future; and
WHEREAS, the Commission has already begun its work, including appointing an investigator and conducting public hearings; and
WHEREAS, the Commission has requested permission to review the transcribed notes of testimony from the fifty-one (51) Luzerne County juvenile delinquency hearings and proceedings which I reviewed during the course of my investigation into the Luzerne County juvenile court; and
WHEREAS, Pennsylvania Rule of Juvenile Court Procedure 160(A)(11) provides that "with leave of court, any other person, agency, or institution having a legitimate interest in the proceedings or in the work of the unified judicial system" may inspect juvenile court files and records; and
WHEREAS, for the foregoing reasons, I conclude that it is appropriate for William J. Fisher, Esquire, the investigator appointed by the Commission, to review the aforementioned transcribed notes of testimony, as more fully specified below.
THEREFORE, it is hereby ORDERED as follows:
1. My office shall transmit forthwith to William J. Fisher, Esquire the transcribed notes of testimony from the fifty-one (51) Luzerne County juvenile delinquency hearings and proceedings currently in my possession.
2. Mr. Fisher may take notes from said transcribed notes of testimony, but shall not photocopy or duplicate them, without prior written permission from the undersigned.
3. Mr. Fisher shall return said transcribed notes of testimony within forty-five (45) days of his receipt of them.