President Joe Biden’s decision to commute the sentence of former Luzerne County Judge Michael Conahan — of “Kids for Cash” infamy — has generated well-earned blowback. Much of it has been bipartisan, though some Republicans turned it into a bigger attack on the outgoing president. U.S. Rep Dan Meuser insisted it shows the administration is “more interested in pacifying political allies than doing what’s right.”
Maybe, but we tend to suspect Biden simply didn’t give the commutation sufficient thought. Conahan was one of about 1,500 people who had their sentences cut short in one swoop, making a detailed personal review of each improbable — a theory bolstered by a report from politico.com.
The article cites an anonymous administration official who said clemency was granted en masse to those who fit a set of parameters: Being on COVID-related home confinement, as Conahan was, convicted of nonviolent offenses not related to sex or terrorism crimes.
Such broad use of the presidential power of clemency merits legitimate criticism. We think Gov. Josh Shapiro put it well during a Scranton appearance when he said that ability — shared by governors — “is a power that should be used incredibly carefully.”
Pointing out that he, like the rest of us, is “not privy to all the information” Biden looked at, Shapiro nonetheless concluded, “I do feel strongly that President Biden got it absolutely wrong and created a lot of pain here in Northeastern Pennsylvania.”
The Governor noted the many consequences of Conahan’s actions, abetted by fellow disgraced judge Mark Ciavarella.
A Hazleton native, Conahan was incarcerated in September 2011 for his guilty plea to one count of racketeering conspiracy related to his acceptance of money in exchange for decisions that benefited two privately owned juvenile detention centers in a case that became known as “Kids for Cash.”
“Families were torn apart,” Shapiro said. “There was all kind of mental health issues and anguish that came as a result of these corrupt judges deciding they wanted to make a buck off a kid’s back.”
He’s right, and the many impacts on children and parents justify the outrage.
But there are a few important voices not getting sufficient airing. In particular, imprintnews.org contacted Marsha Levick, co-founder of the Juvenile Law Center which was instrumental in evolution of the case. Levick was investigating the activities of the two judges before they became national news, and the center represented plaintiffs in a $200 million civil judgment against Conahan and Ciavarella.
Levick said the Center supports Biden’s decision because it believes in “a compassionate justice system that rejects a historically hyper-punitive approach to holding people accountable.” She added that she hopes Conahan “has reflected on the harm he caused to thousands of kids as he accepts this clemency today.
“We would like to see the same kind of compassion and mercy extended to children nationwide who continue to suffer harm from our juvenile and criminal legal systems.”
Amid the heated debate, Levick may be offering a minority view, but that doesn’t make it any less valid.
The post Conahan commutation merits criticism appeared first on Times Leader.