Judicial Security: Comparison of Legislation in the 109th Congress

Publication Date: June 2006

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Justice

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Abstract:

Recently, the murders of the husband and mother of United States District Judge Joan Lefkow by a disgruntled litigant and the murders of Judge Rowland Barton, his court reporter, a deputy sheriff, and a federal officer in Atlanta, Georgia, focused national attention on the need for increased court security. Data from the U.S. Marshals Service (USMS), Pennsylvania's survey of judicial safety, and the New York Office of Court Administration demonstrate that judges are the targets of threats and other aggressive actions. In addition, recent congressional testimony and a report by the Department of Justice's (DOJ's) Office of the Inspector General (OIG) raise questions about the abilities of the USMS to protect the federal judiciary.

The USMS is the primary agency responsible for the security of the federal judiciary. According to a March 2004 OIG report, USMS routinely failed to assess the threats against federal judges in a timely manner and it has limited ability to collect and share intelligence on threats to the judiciary to appropriate entities. The concerns noted by the OIG may be due, in part, to funding and staffing issues highlighted in recent congressional testimony.

In an effort to strengthen court security, Congress has responded with a number of measures that would affect both the federal and state judicial systems, including H.R. 1751, the Secure Access to Justice and Court Protection Act of 2005; Title VII of H.R. 4472, the Children's Safety and Violent Crime Reduction Act of 2006; H.R. 4732, the Sergeant Henry Prendes Memorial Act of 2006; S. 1968, the Court Security Improvement Act of 2005; H.R. 1710, the Internet Police Protection Act of 2005; S. 1605, the Law Enforcement Officers' Protection Act of 2005; and S. 1558 and H.R. 4311. These measures would strengthen court security in the United States by (1) increasing sentences for people who commit crimes against judicial and law enforcement personnel, (2) creating grant programs for states for court security, and (3) increasing measures to protect judicial personnel. These measures are in addition to the emergency supplemental appropriations bill (P.L. 109-13) passed by Congress in May 2005, which appropriated $11.9 million for the USMS for increased judicial security outside the courthouse, including home security systems for federal judges.

This report discusses the current state of judicial security in the United States and the legislation introduced in the 109th Congress that would address judicial security. This report will be updated as needed.