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The American Civil Liberties Union of Ohio says the state's juvenile court judges should not be allowed to shackle youths indiscriminately in their courtrooms.
In documents filed this week with the Ohio Supreme Court, the ACLU said the restraining of youths in court – without first having a hearing on whether there is evidence that they should be – is unconstitutional. It asked the state's highest court to issue a directive that forces Ohio's juvenile court judges to abide by it.
The case stems from Hamilton County, where a 14-year-old girl, who stands 5-feet-2 inches tall, went to court in leg shackles. Authorities bound her hands with handcuffs, which were attached to a waist chain to limit her movement. The girl, according to court records, was accused of nonviolent drug charges.
"There is a lack of a cohesive policy across the state in how this is handled,'' said Jennifer Atzberger, the ACLU attorney who filed the case.
Cuyahoga County Sheriff Frank Bova said his office uses only handcuffs. Convicted school shooter T.J. Lane was never in handcuffs or shackles during hearings in juvenile court in Geauga County. Hamilton County, however, treats all inmates the same: They must be in leg shackles, a waist chain and handcuffs.
When the girl's attorneys requested that the restraints be removed, a magistrate refused, according to the ACLU. The magistrate cited the court's longtime policy of keeping the restraints on throughout the hearings.
The ACLU documents say the Hamilton County policy fails to take into consideration age or low-level offenses. The girl's drug charges, according to the ACLU, stemmed from a human trafficking case in which she was held in a man's home. She had no prior criminal record.
"Forcing children to appear in court with restraints undermines the rehabilitative purpose of the juvenile court system,'' the ACLU said in its documents. "Further, shackling is traumatizing to children, particularly those who have a history of emotional or physical abuse.''
The case in Ohio is part of a national debate on whether to shackle inmates in court. The University of Florida's Levin College of Law said in a report that critics of shackling youths say the practice is irrational, inhumane and "an affront to the dignity of both children and juvenile court proceedings.'' The report said that supporters of shackling have long held that youths are flight risks, and they pose a security risk to people in the courtroom.
Fred Wilson, the director of operations with the National Sheriff's Association, said there are a number of factors to consider when placing a youth in restraints, including the allegations the youth faces, the safety of the child and the safety of those in the courtroom. He said each case is different and must be judged that way.
Though the case is not a lawsuit, the ACLU asked the Ohio Supreme Court to stop the Hamilton County policy and issue a directive to the state's juvenile court judges. The county has about three weeks to respond to the filing.
John Caniglia
13 March 2014
http://www.cleveland.com/metro/index.ssf/2014/03/aclu_says_ohio_juvenile_court.html
