Chief District Court Judge Doug Walker has ordered an end to indiscriminate shackling of youths in local courtrooms.
A 272-word administrative order by Walker stated that placing kids in constraints “may be contrary to the restorative and rehabilitative process” of the justice system. The order was handed down on March 10.
Judges will have the authority to decide whether in-custody juveniles wear constraints in their courtrooms. Decisions may be based on screening assessments and youth-services reports, the criminal charges and the juvenile’s history.
“The judicial officer’s decision is not subject to argument by counsel or respondent(s) and shall be relayed to the law-enforcement agency transporting the juvenile,” according to Walker.
District Attorney Will Furse supported the new policy, saying that chaining teens was counter-productive and should be avoided.
“This order, to its credit, acknowledges the potentially harmful consequences of shackling juveniles who pose no risk to themselves or others,” said Furse.
Public defender Kenneth Pace requested last fall that arbitrary restraints be abolished. Pace said he was pleased that Walker recognized the mental and self-esteem issues that restraints cause for juveniles.
“The psychological harm of shackling is made worse in populations where the kids are more likely to have previously suffered traumatic experiences, victimization or abuse, such as our own Native American population here in the Four Corners,” said Pace. “Because of this, it is especially important for our community to make progress on ending this practice.”
However, Pace said Walker’s order didn’t go far enough because it lacked transparency in the decision-making process and clear guidelines for future judges.
“This policy does not allow for any input from the child’s advocate, the child’s parents, mental health professionals or the child’s guardian ad litem,” said Pace. “In fact, the policy specifically denies the child a right to be heard on the issue, stripping the child of equal protection and due process under the law.”
Last month, Pace testified at a Colorado House Judiciary Committee in support of House Bill 15-1091, which would require chief justices statewide to examine juvenile shackling and develop evidence-based policies. He told legislators that many of his teenage clients have requested to plead guilty to avoid the embarrassment of appearing chained in front of their parents, peers and the public at-large.
The bill passed 8-5 in the House Judiciary Committee and awaits action in the Senate Judiciary Committee.
Walker’s order is limited to the courtroom, allowing law enforcement officers to decide if restraints are appropriate as they transport juveniles to or from the courtroom.
Montezuma County Sheriff Steve Nowlin and Cortez Police Chief Roy Lane said they’d comply with Walker’s order.
Montezuma, La Plata, Jefferson, Gilpin, Pueblo and Boulder counties prohibit indiscriminate youth shackling. El Paso, Teller and Arapahoe counties allow for hand restraints.
tbaker@cortezjournal.com
