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Local Control
for Juvenile Shackling Under Proposed Statewide Rule
By Bret Crow
December 7, 2015
A proposed amendment to the Rules of Superintendence for the Courts of
Ohio would mandate that local courts adopt local rules to better
regulate shackling of youths during court proceedings. The Ohio Supreme
Court requests public comment on Sup. R. 5.01.
After meeting with concerned parties about this issue in August, Chief
Justice Maureen O’Connor directed a subset of the Advisory Committee on
Children & Families to examine the issue. Along with the proposed
rule, the group researched how other states have addressed the issue
and conducted a survey of Ohio juvenile court judges that found a
majority of respondents always or frequently restrain juveniles during
court proceedings. The shackling of juveniles has gained increasing
national attention and has raised concerns about its usage.
Under proposed Sup. R. 5.01, local restraint rules would create a
presumption against shackling. However, local courts can restrain
juveniles on a case-by-case basis if a judge finds on the record it is
necessary because the juvenile’s behavior is a threat or the juvenile
is at risk of fleeing. The judge must also find that restraint is
necessary because no less restrictive alternatives exist.
The Chief Justice will also work with the Ohio Judicial College to
embed within the training it offers to juvenile court judges,
magistrates, and probation officers research findings that indicate
that restraining juveniles during court proceedings may exacerbate the
trauma they experience in some circumstances.
Comments should be submitted by Jan. 7, 2016 in writing to:
Stephanie Nelson, Manager, Children & Families Section
65 South Front Street, Sixth Floor
Columbus, Ohio 43215
or
Stephanie.Nelson@sc.ohio.gov
Get additional information at Court News Ohio
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