U.S. Effort to Inspect 3 Juvenile Halls Gains

A Los Angeles federal judge ended a months-long, sometimes-acrimonious debate between Los Angeles County and the federal government Monday with approval of a preliminary injunction barring local officials from interfering with a federal inspection of three county juvenile halls.

Acting upon a request by the U.S. Department of Justice, U.S. District Judge Robert M. Takasugi also said he will approve a permanent injunction because “irreparable harm might ensue” if the U.S. investigation is delayed.

The injunction had been sought by the Justice Department’s Civil Rights Division on grounds that Superior Court Judge Gabriel A. Gutierrez, presiding judge of the Los Angeles County Juvenile Court, had tried to impose unreasonable restraints on federal investigators by putting their investigation and conduct under his jurisdiction.

Shares Concerns

In ruling, Takasugi commended the lower-court judge for his concerns about maintaining the confidentiality of juveniles. “I share his concern,” Takasugi said, but he found that “irreparable harm” might ensue if the government’s investigation is delayed.

The investigation is centered on allegations of severe crowding, physical abuse of juvenile inmates and civil rights violations.

Justice Department attorney Benjamin Schoen said he categorically rejected any attempt by county authorities to place conditions on the inspections. After the ruling, he said the next step is to complete the investigation begun last year.

A member of the inspection team, Ira Schwartz, told The Times last month that Central Juvenile Hall “is one of the worst I’ve ever visited in any major metropolitan area in America.” He complained that “political interference and attempts to keep the inquiry from moving ahead” had started even before team members arrived.

The Justice Department notified the county in March, 1985, that it planned to investigate the three juvenile halls: Central in Lincoln Heights, Los Padrinos in Downey and San Fernando in Sylmar. The inspection actually began in late August, 1985, but it was interrupted and the federal investigators were denied access because they did not have an order from the Juvenile Court.

In a letter, the federal government demanded full access to the juvenile halls and inmates. Gutierrez accepted the letter as a petition and issued an order giving the Justice Department access, while specifying that minors shall not be photographed or their names used.

The compromise broke down, however, when Gutierrez, in a reply to a government request for information in October, said that the confidentiality limits were not adequate in his view. And, he pointed out that state law, in the form of the Welfare and Institutions Code, required him to maintain the confidentiality of minors.

The federal government balked, broke off the probe and filed suit on March 21.

Richard E. Townsend, senior deputy county counsel, argued at Monday’s hearing that the county had not attempted to block the federal investigation but had intended only to preserve juvenile confidentiality. He contended that the federal government had not made a factual showing that there was a conflict.

Townsend said he would discuss a possible appeal with Gutierrez and the Board of Supervisors. Gutierrez has declined to comment on the suit.

Los Angeles U.S. Atty. Robert E. Bonner commented at the time the Justice Department suit was filed that he considered it “extraordinary” for a state court judge to insist upon subjecting federal officials to his jurisdiction. Bonner insisted that the federal government had “bent over backwards” to protect the privacy of the young inmates.