Tag: Montgomery County

Marsha Levick took her seat at a conference table at the Juvenile Law Center on a recent Wednesday for what would be one of her last meetings. She walked colleagues through the basic principles of the United Nations Convention on the Rights of the Child, the 1989 treaty that laid out, in clear terms, what the world said it owed young people.

At the heart of the treaty is a simple idea: A child’s best interests come first — even when that child enters the justice system. It has been ratified by all but one of the U.N.’s member nations: the U.S. And in many of those 196 other countries, Levick said, children younger than 14 cannot be prosecuted at all.

“Wait,” a staffer interjected. “Kids younger than 14 aren’t in the justice system?”

“I know,” Levick said. “It’s very different.”

For 50 years, Levick, 74, has been one of the most persistent and influential voices in the American juvenile justice system, a driving force in turning what was once a niche legal specialty into a national civil rights movement. Colleagues credit her with helping to rewrite how courts view children — persuading judges, including those on the U.S. Supreme Court, to treat youth not as miniature adults but as citizens with distinct constitutional protections and needs.

Levick will step down Wednesday from her position as chief legal officer of the Juvenile Law Center, the Philadelphia-based organization she helped build from a walk-in legal clinic in 1975 into a national leader in children’s rights.

Her departure coincides with the center’s 50th anniversary. At a celebration gala in May, the nonprofit honored Levick with a leadership award that recognized her body of work.

Levick’s career ranged from representing individual teenagers to steering landmark litigation that forced states to overhaul abusive practices. She helped lead the Juvenile Law Center’s response to the “kids for cash” scandal in Luzerne County. She coauthored briefs in a series of U.S. Supreme Court victories that throttled the harshest punishments for kids, including life in prison.

But Levick is also stepping down at what she calls a “dark moment” for civil liberties in America — a time when rights once thought settled are being rolled back.

Levick was in law school in 1973 when the U.S. Supreme Court handed down Roe v. Wade, the landmark decision that recognized a constitutional right to abortion. In the years that followed, a constellation of rights — from marriage equality to access to contraception — also expanded.

Roe was overturned, however, in 2022. Since then, other decisions have also chipped away at affirmative action in colleges and LGBTQ+ protections.

“It’s hard to convey the shock that it imposes,” Levick said in a recent interview. “Now, 50 years later, you’re pushing the rock back up the hill.”

She made clear she was unsparing with herself, quick to point out what she perceived as shortcomings. “There were high moments for sure,” she said. “But I am not foolishly happy about that. I’m shocked that that’s all we could do. That’s as far as we got.”

Yet even as fresh battles loom, colleagues say the groundwork Levick has laid will guide the Juvenile Law Center’s mission and the broader fight for children’s rights for years to come.

Jessica Feierman, the center’s senior managing director, will step into Levick’s role. “It is a huge privilege and also an immense responsibility,” she said. “In this moment of attacks on civil rights and children’s rights, it’s even more vital that we build on the victories of the last 50 years.”

From Philadelphia to the U.S. Supreme Court

Raised in Philadelphia’s Fairmount neighborhood, Levick discovered early the charge of using her voice, first as a girl who demanded a recount in an elementary school election and won the presidency, and later as a teenager who inhaled The Feminine Mystique and the feminist writers who followed. She earned an undergraduate degree from the University of Pennsylvania and a law degree from what is now Temple University Beasley School of Law.

She cofounded the Juvenile Law Center in 1975 with three law school classmates: Bob Schwartz, a classical music aficionado and part-time semi-pro baseball umpire; Phil Margolis, a vegetarian and free spirit; and Judy Chomsky, a mother of two and passionate Vietnam War resister.

Seven years earlier, the U.S. Supreme Court had ruled that juveniles were entitled to due process. That decision cracked open an untapped field, Levick said, to build with her classmates a new kind of civil rights practice focused on children.

For the first year, they worked out of the Chestnut Street office of Chomsky’s husband, a cardiologist, carving out space in his waiting room and sidestepping an exam room on the days he saw patients.

In its earliest years, the center took on individual cases for children. One of Levick’s first clients was in Montgomery County, a teen girl who had participated in a protest at a nuclear plant and who was arrested and charged with trespassing, she said.

But the center struggled financially. The founding partners laid themselves off at one point, Levick said, so they could keep paying the few employees they had hired: a divorced mother who worked as a receptionist; their first lawyer, Anita DeFrantz, who was an Olympic rower; and a social worker.

In 1982, Levick quit the center to become the legal director of the national NOW Legal Defense and Education Fund, now Legal Momentum. By the time she left there six years later, she had become its executive director.

At the NOW Legal Defense and Education Fund, Levick said, she learned how to build national cases — coordinating multistate litigation and filing amicus briefs in federal courts. By the time she returned to the Juvenile Law Center in 1995, after a stint at a small Paoli firm, she had come to believe that individual wins, while necessary, would not be enough to create lasting change.

The center’s mission became more focused on appellate litigation and national advocacy, setting the stage for children’s rights to reach state supreme courts and, eventually, the U.S. Supreme Court.

Hundreds of juveniles resentenced, released

In 2005, in Roper v. Simmons, Levick cowrote in a brief that social science research on youth development should inform constitutional law. Children, she also wrote, have a greater capacity to change.

“We just pushed ourselves into the center of it,” Levick said. “We were like, ‘We’re here. We’re writing the amicus brief.’”

The high court overturned decades of precedent when it ruled in Roper that the Eighth Amendment forbids the death penalty for juveniles. Five years later, in Graham v. Florida, it barred life-without-parole sentences for juveniles in non-homicide cases, after reading another brief Levick coauthored.

In 2012, Levick helped persuade the court to end mandatory life-without-parole sentences for youths convicted of homicide in Miller v. Alabama. And in 2016, she served as cocounsel in Montgomery v. Louisiana, the case that made the Miller decision retroactive across the country.

Since then, hundreds of juveniles — including nearly 500 in Pennsylvania — have been resentenced or released from prison. One of them: Donnell Drinks, freed in 2018 after 27 years.

The first time Drinks met Levick, he hugged her. “I couldn’t believe how small she was, because of her presence, her legal prowess, has all been so enormous,” recalled Drinks, who works as a leadership and engagement coordinator at the Campaign for the Fair Sentencing of Youth. Levick is 5-foot-3.

Those cases brought Levick into courtrooms across the state, often alongside public defenders. One of them, Bradley S. Bridge, a retired Philadelphia public defender who worked with her on dozens of resentencings, called Levick a “zealous advocate” who “always saw the big picture.”

Her ability, he said, “to think toward the future, I think, was most glorious.”

Levick agreed that looking ahead had always been part of her work. “We always tried to look around the corner,” she said.

One of those moments came in 2008, when she and her colleagues began fielding troubling calls from Luzerne County — the first hints of what would become the “kids-for-cash” scandal.

Seeing more in the ‘kids-for-cash’ scandal

In 2007, Laurene Transue called the Juvenile Law Center. Her daughter, 14-year-old Hillary Transue, had been ordered to serve three months in a detention facility after she created a Myspace page mocking her school principal, she said at the time.

“We saw in that one phone call something that was clearly much bigger,” Levick said.

In fact, it was one of the most egregious judicial corruption cases in modern American history: Two Luzerne County judges had accepted kickbacks in exchange for sentencing thousands of juveniles — many for minor misbehavior — to extended stays in private detention centers.

“It was kind of like, if I may, what the f— in my mind,” Levick recalled.

Levick and the center petitioned the Pennsylvania Supreme Court, which ultimately threw out and expunged thousands of adjudications. They later helped families pursue civil damages, with the help of other firms. The judges, Mark Ciavarella and Michael Conahan, were convicted of federal crimes and sentenced to long prison terms; President Joe Biden commuted Conahan’s sentence in 2024.

Hillary Transue now serves on the Juvenile Law Center’s board.

Transue told The Inquirer that as a teenager she believed that “highly educated” adults in “positions of authority” were “mean, nasty people who were out to hurt you.” But Levick, she said, “brushed up against my perception of adults” and proved her wrong.

“I think she’s a goddamn superhero,” Transue said recently.

Among the successes, Levick still sees failures

Despite the victories, Levick is quick to cite the cases she lost. “I’ve had successes. I’ve also failed many times,” she said.

She still thinks about clients like Jamie Silvonek, sentenced to 35 years to life in prison after killing her mother, whose early release Levick has fought for but has not yet won, or a recent bid to expand parole access for people convicted as juveniles that fell flat in Florida.

Those losses have hardened her view of how deeply punishment is embedded in American law. “I feel like punishment is in our bones,” she said. “The way that we think about crime is that it is always followed by punishment.”

That instinct, she said, has left behind people who could have thrived outside prison — including juvenile lifers who will never be released. One of them is Silvonek, whom Levick described as brilliant and warm. “I want her to be able to share that warmth and joy with her family and with her community, who are all behind her,” Levick said.

“We lost what they had to give,” she added.

Levick isn’t done yet

Levick, who is married with two adult daughters, is not leaving the field. She will become the Phyllis Beck chair at Temple’s Beasley School of Law, a post once held by her cofounder Bob Schwartz, and will teach constitutional law to first-year students.

She feels newly urgent about the course. “I am outraged at the degree to which the law has been perverted by the current moment, and I think I still can say and do something about that,” she said. “I think that the things that motivate me include outrage.”

She expects much of the future progress in youth justice to come from state supreme courts rather than the U.S. Supreme Court — a shift she sees as pragmatic, not pessimistic. Washington State Supreme Court Justice Mary Yu, who has heard Levick argue successfully before her, called her a fearless litigator. “She’s an extraordinary appellate lawyer,” Yu, who is also retiring Wednesday, said in an interview. “It’s almost instinctual to her.”

And even now, Levick said, she has hope.

“We’re not going to abolish the juvenile justice system in America, but we could transform it radically,” Levick said. “I believe that. But it takes more than just lawyers to care. It takes more than the community to care. It takes people in positions of power to care. And that’s the hard part.”

Correction: An earlier version of this article misstated the name of a legal advocacy group at which Levick worked. She worked at NOW Legal Defense and Education Fund. The story also misstated the year Laurene Transue called the Juvenile Law Center; she called the law center in 2007.