Pubdate: Mon, 16 Feb 2009
Source: Standard-Speaker (Hazleton, PA)
Copyright: 2009 The Standard-Speaker
Contact:  http://www.standardspeaker.com
Details: http://www.mapinc.org/media/1085
Author: Michael P. Buffer
Bookmark: http://www.mapinc.org/find?159 (Drug Courts)

RUNNING ON EMPTY

While Luzerne County was running out of money to pay  bills and 
employees last year, the county probation  office spent $13,082 on 
two junkets to St. Louis and  Harrisburg, according to invoices and checks.

Since December, a county fund shortage has resulted in  54 employee 
layoffs, including 17 in probation. The  probation office sent six 
employees to St. Louis and 10  to Harrisburg for drug-court conferences.

Senior Judge Michael T. Conahan, who was in charge of  the county's 
drug court, went to the Harrisburg  conference. The county paid the 
conference bills with a  probation account controlled by the 
then-President  Judge Mark A. Ciavarella Jr.

Ciavarella and Conahan pleaded guilty Thursday to  taking $2.6 
million in kickbacks for facilitating a  scheme to send juveniles to 
privately run detention  centers.

The drug court junkets were in May and September --  less than a year 
after the disclosure that county debit  cards secretly financed 
junkets to California, New York  City, Las Vegas, Southern California 
and the Finger  Lakes region of New York. Sam Guesto, who failed to 
document debit card expenses of almost $42,000 when he  was chief 
clerk for county commissioners, attended the  Harrisburg conference 
as a court manager.

"Clearly, these are the kind of things that are  unfolding now," 
county Commissioner Chairwoman Maryanne  Petrilla said. "It could be 
just the beginning of  things we are going to see that are 
questionable and  frivolous."

President Judge Chester B. Muroski, who replaced  Ciavarella as 
president judge Jan. 30, was asked about  the trips to St. Louis and 
Harrisburg.

"This is the first time they were brought to my  attention," Muroski 
said Friday. "It seems excessive.  ... No one is going on any trips 
unless they are  specifically requested, reviewed and determined to 
be a  necessity."

Muroski said he has asked the Administrative Office of  Pennsylvania 
Courts to conduct "a complete audit of all  accounts" controlled by 
the Luzerne County Court of  Common Pleas. According to a Feb. 6 
report from county  Treasurer Michael Morreale, more than $3.3 
million are  in court-controlled accounts.

Larry Saba, who was laid off Wednesday as director of  probation 
services, signed invoices requesting payments  of bills associated 
with the drug-court conferences.

"At the time, there wasn't a (funding) problem," Saba  said. "I would 
anticipate that going forward they will  look at the amount of people 
going to these  conferences."

Asked if he thought it was excessive to send six  employees to St. 
Louis and 10 to Harrisburg, Saba  replied, "Everybody has their opinion."

Slush-fund accusation

The National Association of Drug Court Professionals  had a 
conference on May 28 to 31 in St. Louis. Records  show the county 
probation fund provided $9,267 to pay  for airfare, registration 
fees, hotel costs and meal  allowances.

The Pennsylvania Association of Drug Court  Professionals had a 
conference on Sept. 15 and 16 in  Harrisburg. The probation fund 
provided $3,815 to pay  for hotel costs, registration fees and meal allowances.

"Wow. The county was paying for their salaries from the  general 
fund, and they were using this fund anyway they  deem fit," said 
county Commissioner Stephen A. Urban.

Last fall, Urban accused the judicial branch of using  the probation 
fund as "a slush fund." Paul McGarry,  administrative services 
director for the judiciary,  responded to Urban's charge by noting 
that state law  puts the funds "under the control of president judge."

Money in the fund comes from fees charged to criminals  on probation 
and parole. Urban said all money in the  fund should immediately 
reimburse the county general  fund for probation salary costs.

In October and November, Ciavarella authorized the  release of $2.2 
million to the county general fund as a  reimbursement for probation 
costs. Last month, Petrilla  mocked judicial officials for acting 
"like they are  giving us a gift" when they help fund county services 
with court-generated money.

"... that is the money that belongs to the taxpayers.  It doesn't 
belong to the courts," Petrilla said.

The 2009 budget allocates almost $19 million for  probation with $5.8 
million reserved for probation  salaries. Throughout 2008, millions 
of dollars in the  probation fund were rotated in and out of 
certificates of deposit, records show.

In 2008, more than $72,000 came from the probation fund  to pay rent 
for a county annex building in West  Hazleton. The building is 
primarily used for probation  services, deputy sheriffs and a 
prothonotary's office  employee.

The probation fund provided a total of $4,898 to pay  hotel charges 
associated with the drug-court junkets to  St. Louis and Harrisburg.

Debra Reznick, the drug court executive secretary who  was laid off 
last week, went on both junkets.

Guesto, the director of specialty courts and  alternative sentencing, 
and Barbara Nause, the drug  court law clerk, went to the Harrisburg 
conference.  They also were laid off last week.
- ---
MAP posted-by: Jay Bergstrom