A proposal to amend the practice of indiscriminate shackling of youth inside 22nd Judicial District courtrooms has stalled.
A Durango defense attorney floated the idea last fall.
“I have not heard of any progress being made, nor do I have any indication that it will change without some mandate from above,” said Public Defender Kenneth Pace.
That directive could come from legislators in Denver if HB 15-1091 passes. Last month, Pace was one of 18 that testified at a Colorado House Judiciary Committee hearing on the proposed legislation. The bill would require chief justices across the state to examine juvenile shackling and develop appropriate evidence-based policies, said Pace.
“Initially, there was some support to implement a policy to end indiscriminate shackling in the 22nd Judicial District,” Pace said at the Feb. 17th hearing. “Since then, the 22nd Judicial District has taken no action, and they will not do anything unless you guys do something about it.”
Pace also testified that many of the youths he represents request to plead guilty at their initial court appearance in order to avoid returning to court shackled in front of their parents, peers and the public at-large.
“It shocks the conscious to believe that a child might forego legal defenses, effective assistance of counsel or the right to defend against their charges merely because they are embarrassed to come to court in chains,” Pace said.
Across Colorado, all but three jurisdictions require children be shackled when appearing in court. Although reforms have yet to be realized in Montezuma County, Pace successfully lobbied last summer to eliminate indiscriminate shackling of children in La Plata County courts.
“There have not been any incidents since we implemented the new policy,” Pace told legislators.
Rep. Joe Salazar (D-Thornton), a co-sponsor of the bill, pointed out at the hearing that “juvenile delinquency proceedings are civil proceedings, not criminal.” He also indicated that indiscriminate shackling raised both equal protection and due process constitutional concerns for poorer children unable to post bond.
A common practice across the nation, opponents argue that shackling youths not only provides greater courtroom security, but it also serves as a psychological deterrent to prevent other teens from committing offenses.
Otero County Sheriff Chris Johnson, also executive director of the County Sheriffs of Colorado, voiced several concerns at last month’s hearing.
“The sheriffs are opposed to this particular bill,” Johnson told legislators.
The 34-year lawman said unchaining juveniles inside courtrooms would lead to increased security costs for law enforcement officials. He added the only escape attempt he’s faced was from an unshackled teen in court.
“I’m sorry, but we can’t put public safety ahead of anyone’s rights, even a juvenile,” Johnson said.
Similar bills previously introduced to Colorado legislators have failed, but HB 15-1091 passed in the house judiciary committee with an 8-5 vote. The bill is now headed to a Colorado Senate Judiciary Committee hearing later this month, which Pace hopes to attend.
tbaker@cortezjournal.com