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Corbett
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Posted: Friday, 15 January 2010 10:55AM

Scrutiny Helps Heal Injustice



Friday, January 15, 2010

At 2:23 yesterday afternoon, I sent an email to Luzerne County President Judge Thomas Burke.

“Judge Burke,” I wrote. “For more than a month I have tried without success to obtain from Judge Dave Lupas a weekly or monthly schedule of open juvenile proceedings.

“I have talked with judges elsewhere in Pennsylvania who handle juvenile court proceedings and they agree wholeheartedly that the public should be able to easily access open proceedings as part of learning about the system and acting as public watchdogs against injustice.

“The woman who answers the phone for Judge Lupas told me that I should call her every week and that she would then tell me the cases that are open for public scrutiny. Frankly, because of scheduling changes and other factors, that places a burden on me and the public who usually needs to make arrangements in advance.

“The York County judge who handles juvenile cases posts a daily list of times ands other pertinent information on the door to his courtroom. He also invites the press to observe every single case he handles, as long as members of the press agree to protect the identity of the juvenile in question.

“I have not asked Lupas to even consider that option, although I believe such trust would go far in helping restore public trust in the Luzerne County system.

“But I do need to know in advance what cases are open for inspection. So do the people of the county who have an interest in juvenile justice.

“A simple daily posting on the county Website would remedy this confusion.

“Since I have failed in my request to Lupas, I am asking you as the president judge for help.

“Thank you for your consideration.

“All the best,

“Steve.”

At 4:03 p.m., Judge Burke sent me a written response.

“Dear Steve,” Burke wrote. “I’ve received your inquiry regarding the posting of juvenile court schedules which raises legitimate concerns. I intend to discuss the matter with Judge Lupas and will also include it as an agenda item for our next meeting of the court en banc which has been set for January 20, 2010 at 12 o’clock noon. Thank you.
“Thomas F. Burke Jr.
“President Judge.”

The exchange was simple and efficient. How difficult would a similar response have been for Lupas to prepare? Doesn’t Lupas want the public and the press to observe the wisdom as he dispenses justice for juveniles? Is Lupas so unsure of himself that he wants to create problems rather than solve problems?

Lupas now rules from the most notorious juvenile bench in America, the one once occupied by former Judge Mark Ciavarella, who now faces 48 federal felony counts related to the scandal in which prosecutors accuse him of selling children into bondage and despair.

The kids-for-cash calamity has embarrassed the county court system ands damaged the credibility of anyone who had anything to do with allowing it to happen. Healing lives and systems take time. And scrutiny is part of closing the open wound of injustice.

Open courts are integral to that critical process.

Yesterday on “Corbett” I read my email to Burke and his response to me. I also explained on the air how Burke’s secretary asked me to identify myself when I called to ask for Burke’s email address.

She should not have questioned me.

People do not have to give their names or the reason for their request when they ask for public information. And as long as Burke is using a county computer to send and receive official email, his email address – and that of every other county judge and public official - is public record.

I hope Burke’s secretary understands that I was being picky with a very serious and particular purpose. Public information adds to the transparency good public officials understand.

That’s why I then read Burke’s email address on the air. So far, Burke seems to understand the seriousness of the public process.

You, too, should send Burke an email at encourage him to sternly guide less than stellar judges along the right path.

Burke’s email address is tburke@luzernecountycourts.com

The more open the government, the better the government.

After all the corruption we’ve been through and continue to endure in Luzerne County, openness is the least we deserve.


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