U.S. Sues Judge on Juvenile Halls Probe

In an extraordinary clash over the confidentiality of the juvenile justice system, the U.S. Justice Department filed suit Thursday against the presiding judge of Los Angeles County Juvenile Court and other county officials, accusing them of obstructing a federal investigation last year into conditions at the county’s three juvenile halls and the treatment of inmates there.

The civil complaint, filed in Los Angeles federal court by the Justice Department’s Civil Rights Division, said Los Angeles Superior Court Judge Gabriel A. Gutierrez tried to impose unreasonable restraints on Justice Department officials by putting their investigation and conduct under his jurisdiction. The purpose of the probe was not disclosed.

While federal officials tried to accommodate Gutierrez, the complaint said the judge’s preconditions “represent obstruction and interference” with the authorized work of federal attorneys, staff and investigators.

“We consider it to be quite extraordinary for a state court judge to insist upon subjecting Justice Department officials (doing their work) pursuant to a federal statute to his jurisdiction,” said Robert E. Bonner, the U.S. attorney in Los Angeles.

“The Department of Justice,” he added, “has bent over backwards to any reasonable provision to protect the privacy interests of any juvenile confined in the juvenile halls.”

The 48-year-old Gutierrez, who spent three years as an attorney in the Justice Department’s Civil Rights Division in Washington in the late 1960s, would not comment specifically on the suit when reached at his office Thursday.

However, he did say: “Under the Welfare and Institutions Code’s requirements of confidentiality, the presiding judge (of Juvenile Court) has the authority, duty and obligation to ensure that children are not unnecessarily harassed nor their right to confidentiality violated.

“I take that obligation very seriously. Those laws have been upheld; they’re very clear.”

A Justice Department spokesman in Washington said this was the first time that legal action has had to be taken against a judge in order to complete an investigation by federal authorities of jail conditions.

In 1982, Hawaii state officials were sued over their refusal to allow federal attorneys and investigators to inspect prison facilities, Justice Department spokesman John Wilson said. The squabble was resolved two years ago, without any further action being taken by federal authorities.

The dispute between Gutierrez and Justice Department officials began last May, when federal authorities approached Los Angeles County officials about looking into conditions at the county’s three juvenile halls: Central Juvenile in Lincoln Heights, Los Padrinos in Downey and San Fernando Valley in Sylmar.

Justice Department officials decided to look into the conditions of county juvenile facilities here after receiving “information that we felt called on our responsibility to check out,” said Wilson, who declined to elaborate.

Poor morale among workers, overcrowding and budget cuts in recent years have made the juvenile halls a constant thorn in the side of county supervisors.

The federal probe of the local facilities was one of 73 authorized under the Civil Rights of Institutionalized Persons Act of 1980. Currently, juvenile facilities in San Francisco are also under investigation by federal authorities.

According to court documents filed in support of the complaint, which seeks a court order to allow access to the local juvenile halls, Justice Department officials began a tour of one juvenile hall last Aug. 27 but were stopped on an order from Gutierrez.

Gutierrez, citing state law, said he would prohibit access to juvenile records and facilities unless he received a written request from the Justice Department.

A request was subsequently sent to the judge. In it, government attorneys agreed to:

- Not photograph the juvenile facilities or any of the inmates.

- Not identify any juvenile inmate by name in any reports.

- Not to object to the county’s deletion of any names from materials photocopied for use in the federal probe.

Despite these and other assurances, Gutierrez continued to deny access and demanded that the federal investigation be under his jurisdiction and contempt powers, the complaint said.

Justice Department officials, who came from Washington for the August tour, reluctantly agreed to the terms but later concluded that Gutierrez’s demands were unreasonable.

“(The government) concluded that the restrictions imposed by Judge Gutierrez unduly and unreasonably obstructed the conduct of a lawful federal investigation,” one court document said.

Several meetings were held later in 1985, but no agreement was reached about allowing access to the juvenile halls.

Statement Made

Late Thursday, Acting Assistant County Counsel Richard Townsend, speaking on behalf of Gutierrez, said the judge and county officials have cooperated fully with federal authorities in the matter.

“This is a pretty technical problem and does not represent any attempt to impede an investigation,” he said. “Under (state law), affirmative duty is put on the court (Gutierrez) that the confidentiality of the juveniles is protected.”

Named as co-defendants in the complaint were the five members of the Board of Supervisors, Chief Probation Officer Barry Nidorf, county detention facilities official Lula Hurte and the superintendents of the three juvenile halls.

A hearing on a government motion for injunctive relief has been set for April 21 before U.S. District Judge Robert M. Takasugi in Los Angeles.