State Headquarters:
1225 South Weller Street, Suite 420
Seattle, WA 98144
(206) 322-2444
Unchain the Children:
Offices in King, Pierce, Snohomish, Yakima and
Policy
Options to End
Spokane
Counties
questions@teamchild.org
www.teamchild.org
the Shackling of Youth
in Court
David Shapiro
October 1, 2014
1:00 PM ET
National Juvenile Defender
Center
George Yeannakis
TeamChild
• Leads a national movement
• State-based juvenile justice coalitions
and organizations
• Laws, policies and practices that are fair,
equitable and developmentally
appropriate for all children, youth and
families
Photo: Moriza
Presenters
David Shapiro is campaign
George Yeannakis holds
manager for the Campaign
the position of Public
Against Indiscriminate
Defense Services Manager
Juvenile Shackling. He was
for the Washington State
the Gault Fellow at the
Office of Public Defense.
National Juvenile Defender
The Office strives to
Center from 2012 to 2014.
improve the delivery of
He earned his J.D. from
indigent defense services throughout the
Brooklyn Law School in June 2012, where
State. George was a public defender in
he received five public interest fellowships
Seattle for over 20 years with The Defender
for his work on juvenile justice issues and
Association and Society of Counsel where
co-chaired the Suspension Representation
he supervised the juvenile offender unit. He
Project. David was a visiting student at
was lured from public defense to establish
Keble College, Oxford from 2007-08, and
the Youth Advocacy Clinic at Seattle
graduated magna cum laude from
University School of Law. He continues to
Washington University in St. Louis with an
advocate for improvements in the
A.B. in History and Political Science in 2009. representation of youthful offenders through
his association with TeamChild, a civil legal
services firm in Seattle.
State Headquarters:
1225 South Weller Street, Suite 420
Seattle, WA 98144
(206) 322-2444
Offices in King, Pierce, Snohomish, Yakima and
Spokane Counties
questions@teamchild.org
www.teamchild.org
Indiscriminate
Juvenile
Shackling
The Campaign Against Indiscriminate Juvenile Shackling
Overview
Shackling Basics
• Leg Irons; Handcuffs; Belly chains
• We are talking about in-court
shackling
Constitutional Issues
“Visible shackles give the impression to
any trier of fact that a person is violent,
a miscreant, and cannot be trusted.”
Constitutional Issues
1) Shackles as Punishment?
2) Attorney-Client Relationship & Participation
in Proceedings
– It just made my attorney not like me.
– I felt like he wasn’t even trying to work with me or reduce my time.
– I was so worried about how everyone was seeing me in shackles
that I couldn’t concentrate …
– I felt unfairly treated.
– I was unable to focus.
Why Shackling is Especially Bad
During Adolescence
I felt like everybody was
looking at me like I was a
monster.
CAIJS’ Strategies
Model Statute/Court Rule
• Instruments of restraint, such as handcuffs, chains, irons, or
straitjackets, may not be used on a child during a court proceeding and
must be removed prior to the child’s appearance before the court unless
the court finds both that:
• (1) The use of restraints is necessary due to one of the following factors:
• (A) Instruments of restraint are necessary to prevent physical harm
to the child or another person;
• (B) The child has a history of disruptive courtroom behavior that has
placed others in potentially harmful situations or presents a
substantial risk of inflicting physical harm on himself or herself or
others as evidenced by recent behavior; or
• (C) There is a founded belief that the child presents a substantial
risk of flight from the courtroom;
AND
Model Statute/Court Rule
• (2) There are no less restrictive alternatives to restraints that will
prevent flight or physical harm to the child or another person,
including, but not limited to, the presence of court personnel, law
enforcement officers, or bailiffs.
• (3) The court shall provide the juvenile’s attorney an opportunity to be
heard before the court orders the use of restraints.
• (4) If restraints are ordered, the court shall make findings of fact in
support of the order.
What CAIJS Can Help You With
• Motions, Affidavits, & Questions for Affidavits
• Anecdotes from children and families
• Legislative Advocacy & Rulemaking support
• Networking w/ stakeholders
What CAIJS Can Help You With
• Police/Sheriff/Prosecutor Testimony
• Comparative Analysis
• Brainstorming
• Court Observation
• Memos & Research
How You Can End Shackling –
Policy People
• Talk to stakeholders, known and unfamiliar
– Medical; Prosecutorial; Law School Clinics; Defender Orgs
• Local Bar Organizations
• Communications
– Defenders often do not have the resources to meet this
challenge
• Amicus Litigation support
• Legislative Advocacy / Court Rule Changes
How You Can End Shackling –
Courtroom Advocates
• File Motions; Engage in Informal Advocacy
– No excuses – this advocacy is “best practice” (In
overwhelming majority of cases)
•
Talk to your clients – ask if this is what they want
–
–
For a short hearing, is it worth it?
Value of them seeing you in action
How You Can End Shackling –
Everybody
•
•
•
Collect quotes/insight/anecdotes from
children and families
Try on Shackles
Stop Operating in a Silo!
–
Team up w/ Doctors & Policy Organizations
How We Shook the Shackles in Washington
Problem Statement:
Many courts in the state brought juveniles into
court in leg shackles, belly chains and/or handcuffs.
Shackling practices differed from county to county
with some jurisdictions utilizing a presumption for
shackling all youth brought before the court.
How We Shook the Shackles in Washington
Problem Points
Judges
Courtroom Staff
Detention Staff
Prosecutors
Sherriff
Defenders ?
How We Shook the Shackles in Washington
Allies
•MacArthur Models for Change
•Defense Attorneys
•Judges (some)
•Law Students
•Legislators (few)
•Bar Association
How We Shook the Shackles in Washington
Strategies for Change
•Litigation:
State v. EJC, State v. TAC
•Legislation:
•Grass Roots Advocacy: Chelan County
How We Shook the Shackles in Washington
•Where to start?
•Who is responsible for the shackling of juveniles
in the courtroom?
•What advocacy can be made at the individual
and system levels to change the practice?
How We Shook the Shackles in Washington
Litigation
Despite several successful challenges
requiring judges to make an individualized
assessment of the need for restraints, the
appellate court decisions were largely
ignored
How We Shook the Shackles in Washington
Legislation
•Lobbied by UW Legislative Clinic Students
•Naively believed the state legislature would do
the right thing
•Bill killed as a result of a fiscal note submitted by
counties that requested additional funds to
increase staff and security in courtrooms.
How We Shook the Shackles in Washington
Advocacy
•Chelan County Washington Local Court Rule
No effect on other counties
How We Shook the Shackles in Washington
Court Rule
•Florida
•Bar Association
•Lobbying Supreme Court Justices
•Public Comment
How We Shook the Shackles in Washington
Court Rule
•Effective/Strategic lobbying by youth
How We Shook the Shackles in Washington
Youth Advocacy / Voice
•…I am currently incarcerated at Green Hill School. ..Shackling
has made me feel like an animal... It is a distraction to me
because rather than focusing on what I have to say, I’m focused
on what other people are thinking of me, and on avoiding body
movements that are painful and uncomfortable because of the
shackles. In addition, being shackled makes me feel mistreated,
ashamed and criminal. It has affected how my family sees me
because they are afraid of me and I am unable to feel like a
normal person when shackled. ..Shackling messes with a
person’s state of mind because it makes you feel dangerous and
degrades your sense of self.
•
•Lawrence Tribe, Department of Justice Senior Counselor for Access to Justice Keynote speech to Chief Justices http://www.justice.gov/atj/opa/pr
How We Shook the Shackles in Washington
Resource Materials:
•Cornerstone Article on Shackling in Florida debunking the
arguments in support of shackling juveniles. May 2007 issue.
http://www.nlada.org/News/News_Pubs/Publications/Cornerstone_Is
sues
DEAN'S COLUMN: UNCHAIN THE CHILDREN, 20 Nevada Lawyer 30 By
Prof. Mary Berkheiser. http://nvbar.org/articles/content/deans-columnunchain-children. A brief overview of recent changes in CA and FL, then a
call for change to end indiscriminate shackling in Clark county Nevada, the
only county in Nevada currently with a policy to shackling all juveniles.
•Lawrence Tribe, Department of Justice Senior Counselor for Access to Justice Keynote speech to Chief Justices http://www.justice.gov/atj/opa/pr
How We Shook the Shackles in Washington
Resource Materials:
•Unchain the Children: Five Years Later in Florida CARLOS J.
MARTINEZ Miami Public Defender
http://pdmiami.com/unchainthechildren.htm . A description of how
Florida came to its new legislation, and how it has been a success
with no escapes or court outbreaks due to unshackled youth.
•Lawrence Tribe, Department of Justice Senior Counselor for Access
to Justice Keynote speech to Chief Justices
http://www.justice.gov/atj/opa/pr/speeches/2010/atj-speech100726.html
Food for Thought
Nothing that is worth doing
can be achieved in a
lifetime; therefore we must
be saved by hope.
–Reinhold Niebuhr
Contact me!
David Shapiro
dshapiro@njdc.info
646-942-6343
National Juvenile Defender Center, Washington, DC
I am trying to be everywhere.
If I haven’t reached out to you, it’s my fault. Not yours.
Please don’t hesitate to take the initiative.
Or Contact me
George Yeannakis
George.Yeannakis@teamchild.org
206 322-2444 x 107
TeamChild, Seattle, Washington
Contact
For more information, check out
NJJN’s new policy update at:
http://njjn.org/uploads/digitallibrary/Shackling-in-CourtHearing_FINAL.pdf
Contact:
Melissa Goemann
goemann@njjn.org
National Juvenile Justice Network
1319 F Street, NW, Suite 402
Washington, D.C. 20004
www.njjn.org