Toprovide for proper restraint of minors in juvenile court proceedings.
Thisrule applies to the juvenile court.
Statementof the Rule:
(a)Absentexigent circumstances, a minor, while present in a juvenile courtroom, shall notbe restrained unless the court finds by a preponderance of the evidence ?that:
(a)(1) restraintsare necessary to prevent physical harm to the minor or a third party present inthe courtroom;
(a)(2) theminor is a flight risk;
(a)(3) theminor is currently in jail, prison or a secure facility as defined by Utah Codesection 78A-6-105(36);
(a)(4) theseriousness of the charged offense warrants restraints; or
(a)(5) othergood cause exists for the minor to be restrained.
(b) Any person with an interest in thecase may move the court to restrain a minor during court
proceedings. The court shall permit all personswith a direct interest in the case the right to be heard on the issue ofwhether to restrain the minor.
(c) Ifthe court orders that a minor should be restrained, the court shall reconsiderthat order at each future hearing regarding the minor.
(d) Exparte communications that provide information on the criteria listed inparagraph (a) are not prohibited. However, the judge or commissionershall notify all other parties of the communication as soon as possible and shallgive them an opportunity to respond.