Inside the Petition to Bar the Indiscriminate Shackling of Juveniles

Two retired public defenders and five circuit court judges have petitioned the Wisconsin Supreme Court to adopt a rule that would establish a presumption against shackling juvenile defendants. If the court adopts the petition, Wisconsin would join 33 other states, along with the District of Columbia, in barring the indiscriminate shackling of juveniles. Eileen Fredericks, a public defender in Dane County, supports the petition. Beyond making juveniles believe the worst about themselves, said Fredericks, indiscriminate shackling prevents them from fully participating in court proceedings “Shackling invites dysregulation,” Fredericks said. “Kids can be appropriate in court. There isn’t a need for these kids to be shackled … I think it’s just totally unnecessary in most cases.” Another public defender who supports the petition is Alaina Fahley. Fahley, who practices in Brown and Outagamie counties, said shackling juveniles is dehumanizing. Additionally, said Fahley, the thoughts that shackling sends racing through juveniles’ heads often becomes a self-fulfilling prophecy. “Most of the time there’s not really a true safety concern – there’s already been this label that this kid is dangerous and we’re not giving them the chance to prove that they’re able to cooperate in court.” Five counties in Wisconsin – Dane, Eau Claire, La Crosse, Marathon, and Milwaukee counties – have adopted local court rules or practices that establish a presumption against shackling juveniles. The presumption can be overcome upon a finding made on the record that the juvenile is likely to flee or cause harm to himself or herself or others. A survey of officials in the five counties reports few problems caused by unshackled juveniles. The supreme court is scheduled to hold a hearing on the petition on February 15.