Ending Indiscriminate Shackling
Carlos is driven by the belief that indigent defense isn’t just about
legal arguments; it is about effectively advocating for those who can’t
fight for themselves in and out of the courtroom.
A prime example of his commitment to give voice to the voiceless has
been his fight to end indiscriminate shackling of detained children in
juvenile court. Carlos was visiting a Tallahassee juvenile courtroom
when he saw an 11-year old girl, less than four feet tall, shuffle into
the courtroom with handcuffs on her wrists, a chain connecting the
handcuffs to a chain around her waist, and leg shackles, which scraped
along the floor as the child walked.
That powerful and troubling sight motivated Carlos to do much more than
simply complain about the injustice; he led the fight against the
indiscriminate shackling of children. Carlos planned, developed and
executed a multi-pronged, multi-forum challenge to the practice. First,
he established and led the Unchain the Children team of trial and
appellate attorneys in the courtroom battle against shackling. He also
enlisted the involvement of the media, the faith community, elected
officials, child advocates and legal experts in the fight. Finally,
Carlos attracted the participation of the leading national juvenile
defender organization, the National Juvenile Defender Center, to provide
technical and research assistance for what has become a national
movement to ban the practice of shackling our children.
Due to Carlos’ leadership in coordinating local, state and national
child advocates and media, shackling became the principal children’s law
reform issue in Florida. In December 2006, the Miami Dade County
Commission unanimously approved a resolution calling for an end to
indiscriminate shackling. In January 2007, thanks to Carlos’ efforts,
The Florida Bar’s Board of Governors unanimously voted to oppose the
indiscriminate shackling of children in court.
Shackling children was (and, in many places, still is) the accepted
practice in Florida. Many Florida juvenile court judges, prosecutors,
sheriffs and court personnel supported the practice, and still do. Those
who didn’t, looked the other way. The biggest challenge was that the
system, which had been set up to rehabilitate children, had decided to
treat them like hardened adult criminals, completely undeserving of any
dignity or respect. “Today, when so much cynicism and indifference
prevail, it is often difficult to take an ethical, principled position.
Nevertheless, Carlos has demonstrated that hard work, steadfast
determination and compassion for the vulnerable can still yield
remarkable results. Carlos is the epitome of a talented and dedicated
public servant,” said Bennett H. Brummer, his former boss and mentor.
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