THE
COURT SYSTEM | JUVENILES
Shackling of kids curtailed in Broward courtrooms
Beginning immediately, juvenile offenders in three
Broward courtrooms will appear in court without
chains around their ankles and waists.
BY NIKKI WALLER
nwaller@MiamiHerald.com
In a move that could have far-reaching
implications for the treatment of juvenile offenders,
three Broward judges signed orders Monday ending the
chaining of young defendants in their courtrooms. The
orders come two weeks after Miami-Dade Public Defender's
Office filed a motion to unshackle youthful offenders.
Miami-Date Public Defender Bennett Brummer said the
practice violates juveniles' rights and interferes with
attorney-client relations. So far, one judge there has
ordered juveniles unchained.
Broward assistant public defenders
Frank Delatorre and Diane Cuddihy filed their requests
-- virtually identical to the motions filed in Miami --
before four judges last week. Three juvenile-court
judges -- Michael Orlando, Larry Seidlin and Elijah
Williams -- signed orders immediately. The fourth,
Administrative Juvenile Judge Howard Zeidwig, said he
wants to give the issue more consideration.
Zeidwig held a meeting on Friday to
discuss the shackling practice with representatives from
the Broward Sheriff's Office, the Department of Juvenile
Justice and attorneys from the Office of the Public
Defender and the State Attorney's Office. At the
meeting, BSO and DJJ expressed concerns about safety in
the courtroom, Zeidwig said.
DJJ still shackles juveniles, chaining
their ankles and binding their cuffed wrists to chains
around their waists, for transport between the Juvenile
Intake Center and the Broward Courthouse.
As of Monday, deputies removed the
waist and ankle chains, and juveniles in court were
handcuffed to their chairs, just like adult defendants.
''It was a great thing to see,'' said
Delatorre of the first hearings in Orlando's courtroom
Monday afternoon.
PROSECUTOR IN FAVOR
Assistant State Attorney Maria
Schneider heads the juvenile unit of the Broward State
Attorney's Office and said her office supported the
motions.
Unchaining juveniles isn't right for
every courthouse, but the mazelike layout of the Broward
courthouse makes the risk of flight relatively small,
she said. Juveniles appearing in the detention courtroom
on the second floor will stay shackled in court because
of the courtroom's proximity to the escalator and exit.
STATE TO COMPLY
DJJ spokeswoman Tara Collins said her
agency's staff will comply with the court's directives.
''I find the procedure to be
repugnant. It's a throwback to 18th-century Europe,
putting children in shackles,'' said Seidlin, one of the
judges who granted the motion Monday. He said that
juveniles in his court will only be shackled in certain
cases, such as when a child has committed a serious
crime and poses a flight risk, or has shown he or she is
dangerous to himself or others.
''It's an extremely fair ruling,''
said Delatorre. ``We've been treating the kids here
harsher than we've been treating the adults. All we were
trying to ask for is equaljustice.''
Shackling not only embarrasses
adolescents and children, it makes them look like
criminals, said Cuddihy.
''The child begins to perceive
themselves as a danger, they perceive themselves as
bad,'' she said. Those feelings of humiliation and guilt
affect the attorney-client relationship and the
presumption of innocence, she said.
Carlos Martinez, assistant public
defender in Miami, praised the Broward judges for their
ruling. ''What they're doing in Broward is the right
standard,'' he said. |