Stop shackling kids in court, N.Y.

In Gov. Hochul’s native Buffalo, an 8-year-old boy is shackled in leg irons as he waits to appear in Family Court. In downtown Manhattan, a 16-year-old in foster care appears in Family Court before a judge who will decide his future — his wrists chained to his belt while four court officers hover above his slight frame. He later told his court-appointed attorney that “he felt like an animal.”

This travesty of justice occurs right across the street from the criminal court where a defendant charged with murder appears before a judge without any restraints whatsoever. Why should children be treated more harshly?

In Family Courts across the state, young people who pose absolutely no danger are at risk of being restrained in court for no apparent reason, other than the whim of a court officer intent on wielding their authority. This is cruel, inhumane, and unconstitutional. And, yet, it happens frequently.

Children who appear before our Family Courts, including youth who have been abused and neglected, are particularly vulnerable. Most have suffered significant trauma. Shackling them without justification further adds to their sense of helplessness, worthlessness, and victimization. Some youth have even refused to come to court for fear of being shackled — foregoing their right to be heard and seen as their fate is decided.

Aside from causing harm to these young people, the indiscriminate use of shackles undermines the judicial process. The New York Court of Appeals and the federal Second Circuit Court of Appeals have both found that a litigant who is forced to appear before the court in restraints is significantly prejudiced. That is why the vast majority of adult defendants are not shackled during a court appearance or trial in criminal court — even when they are accused of serious violent crimes.

And yet, we continue to allow court officers who are present in the courtroom to assist the judge in keeping order, far exceed their authority by shackling young children who pose no demonstrated threat to anyone in the courtroom.

The decisions a Family Court judge makes can forever change a child’s life. When a hearing is being held to decide which placement is appropriate, whether the youth should be allowed to see their mom or dad, or whether they may live with relatives or whether their needs are being met, the sight of a youth in restraints undoubtedly influences the judge’s decision. Unless it’s absolutely necessary, judges should not see children in chains.

The practice of indiscriminate shackling is yet another way the system robs Black and Brown children of their childhood. The overwhelming majority of juveniles who appear before NYC family courts are from poor and marginalized communities of color. Studies show that Black and Brown children are perceived by law enforcement and the justice system as “more dangerous” and “adult-like,” without any basis whatsoever, just like the myth of the juvenile “superpredator” that permeated the 1990s. It’s the same implicit bias and systemic racism that allowed a police officer in Rochester to cuff and pepper-spray a 9-year-old girl earlier this year, horrifying the country.

Last year, an independent report commissioned by Chief Judge Janet DiFiore, exposed the wide extent of toxic racism perpetrated by court officers who instill fear in everyone, including judges. The chief judge’s own Office of Court Administration, in fact, helped draft the very legislation that would curtail the shackling of children. In addition, the American Bar Association recommended states enact this legislation, which is also supported by the City Bar.

New York must join the 30 other states that have curtailed the shackling of children in courts. Passed overwhelmingly by the Legislature, Hochul should sign this law that would codify the presumption that no child should be shackled unless a judge makes an independent determination based on specific facts that show the youth presents a physical threat or danger to the court. This is the only way to ensure a check on the authority of court officers, which so often results in the race-based use of restraints.

It is time judges are mandated to use their power to decide how to keep their courtrooms safe, while safeguarding justice. This law would not ban restraints; they would always be an option when absolutely necessary.

In recent years, New York has made important progress in reforming our juvenile justice system, but there remains more to be done.

As courts begin to re-open, we must finally see these children for who they are — children, not criminals.

Freedman and Kramer are attorneys with Lawyers For Children.