Reprinted from St. Petersburg Times

Shackling in juvenile courts faces test

Three judges in Broward have banned the practice. One bay area public defender also wants a ban.

A decision by three Broward judges to ban the routine shackling and handcuffing of juvenile suspects in their courtrooms could prompt a similar move in some Tampa Bay area counties.

The decision, announced Tuesday, comes amid an ongoing campaign from some Florida public defenders to prohibit the practice in juvenile courts.

The news buoyed Pinellas-Pasco Public Defender Bob Dillinger, who has championed such a ban. He said Tuesday that his office will readdress the issue with local juvenile court officials and judges.

Dillinger did not rule out filing written motions similar to the ones in Broward County.

"The job in juvenile court is to make sure they don't reoffend," Dillinger said. "Degrading and demeaning children is not the way to accomplish that goal."

Juveniles are usually shackled while they are transported between detention facilities and courthouses. In most cases around the state, they remain shackled inside the courtroom, unless a judge orders otherwise.

In contrast, many adults brought to court are not shackled.

The decision in Broward County comes a week after the Miami-Dade Public Defender's Office filed a series of motions with juvenile court judges seeking an end to the practice. It also has sought support from the Florida Bar for a statewide prohibition.

So far, one Miami-Dade circuit judge agreed to let most juveniles appear before him without handcuffs or leg shackles.

One of the Broward judges, Larry Seidlin, called the routine shackling repugnant and a "throwback to 18th-century Europe."

He said juveniles in his court would be shackled only in certain cases, such as when they have committed a serious crime and pose a flight risk, or have shown they are dangerous to themselves or others.

Some law enforcement officials say juveniles are more difficult to handle than adults. They are more impulsive and prone to act out without thinking, which is mitigated if they remain shackled.

The Department of Juvenile Justice had expressed safety concerns, but spokeswoman Tara Collins said the agency would comply with the Broward ruling.

Several years ago, Dillinger unsuccessfully filed motions seeking an end to the routine shackling of juveniles.

Opponents, in part, were concerned about juveniles running out of the courtroom. Dillinger said that concern has been addressed by moving juvenile detention hearings to a modern courthouse that is heavily secured and "virtually impossible" to escape from.

Dillinger also doesn't buy the argument that shackles help scare juveniles into behaving.

"At the time that these children are shackled, they are presumed innocent," he said. "We don't even know that they did anything."

Hillsborough County Assistant Public Defender John Skye said the victories in South Florida could offer more talking points on trying to have a similar change locally. But Skye said that Hillsborough officials don't plan to take the issue to court.

"I certainly wish all the luck in the world to Mr. Dillinger across the bay," Skye said. "I think ... the success down in Miami would certainly give Mr. Dillinger a lot more ammunition."

Skye said Hillsborough officials are waiting to see what Florida Supreme Court Chief Justice R. Fred Lewis has to say about it when he visits Tampa in the next month.

If Lewis calls the ban a good decision, more jurisdictions will likely look into the change, Skye said.

Times staff writer Kevin Graham contributed to this report, which contains information from the Associated Press. Graham Brink can be reached at brink@sptimes.com or (727) 893-8406.