Washington criminal case law has established that defendants are entitled to be free of shackles at trial, unless there are extraordinary circumstances. Restraints may affect a number of constitutional rights, including the presumption of innocence, the right to testify, and the right to consult with counsel. Trial courts do, however, have discretion in deciding on courtroom security measures, including restraints, as long as they base that discretion on facts in the record.
In a recent case, a defendant challenged his conviction after he was shackled in pretrial appearances and required to wear a leg brace at his jury trial. At his first court appearance, the defendant was shackled in handcuffs and a belly chain. His attorney moved for removal of the shackles, arguing they violated the defendant’s due process rights under the Fifth Amendment and the Washington State Constitution.
The trial court held a consolidated hearing on all motions related to restraint and removal before it. The court granted the motions “to the extent the court agrees there are less restrictive means of furthering the compelling government interest of courtroom security.” The court proposed videoconferencing as an alternative, but acknowledged it would not be implemented for over a year. The court indicated its adoption of the sheriff’s policies would remain in effect until videoconferencing was implemented. The policy required leg braces at trials.