Days before he is to interview for a spot on the New Mexico Supreme Court, Robert E. Robles, chief judge of the Third Judicial District Court in Doña Ana County, finds himself in the middle of a controversy over whether juveniles should be shackled in courtrooms.
There’s a chance Robles will be asked to explain the situation to the committee that will interview him for a spot on the state’s high court on Monday.
The current policy requires that juvenile detainees remain shackled. Earlier this week Robles issued a new order, effective Oct. 1, requiring that juveniles be unshackled in courtrooms unless prosecutors get approval from the judge to keep a detainee shackled during proceedings.
A judge can only grant such an order if there are “specific, factual allegations sufficient to establish reasonable grounds to believe that the child, if not restrained, will pose a particular threat to the safety of himself or others in the courtroom,” according to Robles’ order. Read Page 1 by clicking here and Page 2 here.
The move comes as a
Shackling juveniles has been a hot topic in
Order draws criticism
The two
Robles’ order also drew sharp criticism in today’s Las Cruces Sun-News from Doña Ana County Undersheriff Chuck Franco. Franco said the department will seek legislation in January that would allow the sheriff to stop providing security at the court.
“It’s obvious that (the judges) have now become experts in security,” Franco told the newspaper. “In spite of what we tell them, they choose to do what they please.”
Though state law doesn’t explicitly require that counties provide district court security, a 1979 attorney general opinion said they must, the Sun-News reported.
In an interview, Robles acknowledged the timing of the controversy just before his interview, but said he did what he believes is right.
“Sometimes it takes a little bit of courage to be a judge, and when the right thing has to be done, you do the right thing,” Robles said. “I believe that the people of
Dignity versus security
Rank recently told USA Today that there is a difference between adult and juvenile prisoners that should be acknowledged with the unshackling of children.
“The purpose of children’s court is to rehabilitate, protect and take care of children,” Rank told the newspaper. “If they’re treated with dignity in that courtroom, I think it has a lasting effect on them.”
The concern of the sheriff’s department, on the other hand, is that it doesn’t have the funding to provide the security required to ensure the safety of those in courtrooms when juveniles are unshackled. Many of the department’s court security personnel aren’t certified law-enforcement officers, and they aren’t paid nearly as much as the deputies who patrol the streets.
In addition, the county can be held liable if something goes wrong, even though a state judge is ordering the change.
Lopez, one of 15 members of the commission, said he’s concerned about Robles’ ruling. Lopez is an influential Democrat who has the ear of the governor and, apparently, the speaker of the House, who appointed him to the commission. He is also close to District Attorney Susana Martinez.
Lopez said his biggest concern is security at the courthouse, and noted that the deputies who work there are paid little. With that in mind, Lopez asked, “How would you like to unshackle a juvenile in a courtroom and let him loose?”
Monday’s interview
There’s a chance Robles will be asked about the situation during his interview on Monday, which is scheduled for 3:30 p.m. in
The governor must make an appointment from among those recommended by the commission. If he doesn’t like his choices, he’s allowed – once – to ask the committee to meet again and consider whether it can recommend any other candidates from the original pool of applicants.
Lopez said he’s honored to be on the commission and will represent