Illinois Supreme Court proposes change to chaining juveniles
Paul Cain remembers many of his clients. There was the 14-year-old boy with ADHD, accused of retail theft and possession of a stolen car. There was the 16-year-old girl who suffered from anxiety attacks after being having been molested for years; she was in court for running away from home in violation of her probation from a previous case. There was the diminutive 14-year-old boy charged with domestic battery after an argument with his father turned physical.
All three appeared in court with their hands bound at their waists, their feet in chains that require them to shuffle as they walk. Cain says most of his juvenile clients pose no security risk.
Besides being an attorney, Cain is a law professor at Northern Illinois University and first vice-president of the Illinois Association of Criminal Defense Lawyers. He’s one of many legal professionals calling for Illinois to stop indiscriminately shackling kids in custody who appear in court.
The practice has been called dehumanizing and traumatizing, and the Illinois Supreme Court is considering a new rule ban it except in limited circumstances. The proposal is part of a nationwide movement to reduce shacking of juveniles in courtrooms.
Cain, who has practiced law for 30 years, is one of several people who testified in support of the proposal at a July 8 hearing of the Illinois Supreme Court Rules Committee. Cain says many kids in court come from dysfunctional families and have mental health issues or disabilities which make court proceedings difficult for them to understand. Shackling them is distracting, unnecessary, and can add to existing trauma, he says.
Mike Torchia, director of the Sangamon County Probation and Court Services Department, says his agency, which oversees the Sangamon County Juvenile Center, does transport kids in custody to and from court in restraints. Once they arrive at the court, however, the Sangamon County Sheriff’s Office takes over.
Scott Joslin, probation supervisor for the sheriff’s department, says he’s not sure if there’s a specific policy on shackling juveniles in Sangamon County court, but typically an attorney can ask a judge for the shackles to be removed during a hearing.
The Illinois Supreme Court’s proposed rule would require that kids in custody not be shackled in court unless a judge decides the minor is a flight risk or presents a risk of harm to others or to herself or himself. A minor’s attorney would be allowed to argue against shackling, and the judge would have to enter an official order explaining the reason for shackling. The least-restrictive restraints would have to be used under the rule, and shackling a minor to a wall, furniture, the floor or another minor would be prohibited.
The proposal is supported by several prominent groups in Illinois, such as the Illinois State Bar Association, the Juvenile Justice Initiative and the Illinois Justice Project.
Vincent Cornelius, president of the Illinois State Bar Association, supports the rule, noting that the ISBA’s Child Law Section Council, made up of defense attorneys, prosecutors and other attorneys, has unanimously and consistently voted to support policies against juvenile shackling.
Cornelius says he’s a stakeholder in the issue himself, having served as a defense attorney for juveniles, a prosecutor, a courtappointed guardian and more. He points out that minors in court are presumed innocent until the court deems them “delinquent.”
“The shackling of these minors that is automatic, routine, presumptive,” Cornelius said in testimony July 8 before the Illinois Supreme Court Rules Committee, “is unnecessary, inappropriate and I dare say something less than Third World.”
Cornelius, who has practiced law for more than 25 years, says kids in court are one of the most vulnerable segments of society. That’s part of why he works in the juvenile justice system.
“It’s a place where you can make a difference in the lives of young people,” he said. “I don’t know if there’s any more important area of law.”
Betsy Clarke, director of the Juvenile Justice Initiative, says it’s “critically important” that Illinois end the shackling of kids in court. She says shackling is a holdover from the days of slavery.
“We need to end this,” Clarke said, “and acknowledge the legacy that has left us using these chains.”
Contact Patrick Yeagle at pyeagle@illinoistimes.com.
