Legal Aid of North Carolina responds to Court’s decision to continue routine
shackling children in court
March 6, 2007 MEDIA RELEASE
(Greensboro, NC) – With grave concern that shackling children in court
without a judicial determination that the shackling is necessary, Legal Aid of North Carolina (LANC) attorneys and a private attorney filed a motion to prohibit the
practice of routinely shackling minor children while appearing in the courtroom.
The motion included information from affidavits from several mental health
professionals illustrating how shackling children in court can cause them severe
psychological and emotional damage. The motion was filed on February 5,
2007 and the Chief District Court Judge issued an Order on March 1, 2007
maintaining the policy of shackling children while in court.
It appears that Chief District Court Judge Turner recognizes that a routine
practice and policy of handcuffing and shackling children in court can cause
severe psychological and emotional harm but he failed to change the policy,”
says Keith Howard, staff attorney for LANC. “We are extremely disappointed
that the Chief District Court Judge did not change the policy. We are
happy that he acknowledges that the information submitted with the motion
highlights the potential adverse effects shackling can have on children.”
Howard is one of several LANC attorneys who are advocating for the mental health
needs of a 14-year-old girl in Guilford County District Court. The girl’s
medical records revealed a history of sexual abuse that also included being
handcuffed by her abuser. Consequently, whenever she is handcuffed in
court, she is reminded of her past sexual abuse.
Chief District Court Judge Joseph E. Turner, after consulting with juvenile
court judges and court counselors, made a finding of fact that experience
indicates that children make impulsive, immature decisions, unlike adult
criminal defendants.
“Essentially the issue is that children are not adults,” noted Howard “The
juvenile justice system is supposed to rehabilitate them, not humiliate and
shame them. Maintaining this policy is contrary to N.C. law and the mental
health needs of many children appearing in court. These children do not
need to be shackled and humiliated, they need rehabilitation and love.”
Ann Marie Dooley, LANC staff attorney, agreed with Howard.
“What we are telling our children is that we are afraid of them,” said Dooley.
“Allowing a policy that is contrary to existing legal principles and to what
mental health experts agree is an anti-therapeutic practice is an affront to the
principles of justice and what the courtroom represents.”
Chief District Court Judge Joseph E. Turner had deferred a decision on the
motion, stating that he will allow the judge presiding over the child’s juvenile
matter to rule on the motion. He did, however, state that judges have
authority over their courtroom and that the issue should be decided on a case by
case basis.
“We strongly agree with Judge Turner that juvenile court judges have 'the
authority over the restraint of persons in their courtroom,” noted Dooley.
“However, we believe that the law requires judges to make a finding that a
particular juvenile poses a threat of violence or a threat of fleeing before
that child can be restrained in court. We disagree with the current policy
because we believe it violates the constitutional rights of juveniles and it
causes them severe psychological and emotional harm.”
The motion filed by LANC attorneys included a listing of N.C. statutes
pertaining to the use of shackles on adult defendants and the rights of
juveniles to have all the rights afforded adult offenders. The motion
states that the practice and policy of shackling detained children without a
judicial determination violates the U.S. and N.C. Constitutions.
“We find it troubling that Chief District Court Judge Turner’s Order does not
address our constitutional argument,” stated Howard. “We believe that the
practice of handcuffing and shackling children in court is contrary to the
legislative intent and rehabilitative purposes of the juvenile justice system.
Adult criminal defendants are not shackled in court without an individualized
determination that they pose a threat to their safety, the safety of others or a
risk of fleeing.”
Chief District Court Judge Joseph E. Turner states in his Order that the issue
of handcuffing and shackling children is an issue of security and transport
entrusted to the N.C. Department of Juvenile Justice (“DJJDP”). The motion
did not seek to change the Department of Juvenile Justice and Delinquency
Prevention’s transportation policy. The attorney’s understand why the
DJJDP has a transportation policy.
“Some children will have to be secured while being transported to court for
their safety and the safety of their transporters, but that does not mean that
every child appearing in court should remain shackled while in court,” said
Howard. “The motion only requested that the Court follow statutory law and
make a judicial finding that the child posed a risk to herself, to others in the
courtroom, or a risk of fleeing the court before handcuffing and shackling the
child in court.”
The juvenile petition hearing is still pending. Therefore, LANC’s client will
again appear in the courtroom in the near future.
“We will re-file this motion before the judge presiding over our client’s
juvenile matter and look forward to presenting evidence before that judge,” said
Dooley. “Ultimately, we want this practice and policy to end statewide and
will continue to challenge the practice and policy of shackling children while
in court throughout the state. As adults and role models, we have a moral
and ethical duty to our children, regardless of their status in society, to
ensure they are treated humanely and that they are not humiliated by a system
that purports to rehabilitate them.”
Advocates for Children’s Services (ACS) is a statewide project of Legal
Aid of North Carolina that provides free legal representation to at-risk
children and children involved in the juvenile justice system because they have
been denied Medicaid, Special Education, speedy permanent placement, suspended
from school, and/or the opportunity for a sound basic education. ACS is based
out of Durham.
Legal Aid of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to eligible, low-income people in
all 100 counties in North Carolina through 24, geographically located offices in
North Carolina. LANC’s clients typically have an annual income of 125% or
less of the federally established poverty levels.
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CONTACTS:
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Keith Howard (Staff Attorney, LANC Advocates for Children’s Services,
Durham, NC), 919-226-0051
Ann Marie Dooley (Staff Attorney, Legal Aid of North Carolina,
Greensboro), 336-272-0148
Lewis Pitts (Senior Managing Attorney, LANC Advocates for Children’s
Services, Durham, NC), 919-226-0051
Bennett Hollers, Esq. (Private Criminal Defense Attorney, Greensboro),
336-379-0090
Dock Kornegay (Director, Public Relations & Development, Raleigh, NC),
919-856-2564
ATTACHMENT:
MOTION: In the Matter of Rebecca C.
also see:
Legal Aid requests Court cease routine shackling of minor child
(February 5, 2007 Media Release; includes
Motion
as an attachment)
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Legal Aid of North Carolina is a statewide, nonprofit law firm that
provides free legal services in civil matters to low-income people in
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