Judicial Security: Comparison of Legislation in the 110th Congress (CRS Report for Congress)
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| Release Date |
Revised March 4, 2009 |
| Report Number |
RL33473 |
| Report Type |
Report |
| Authors |
Nathan James, Domestic Social Policy Division |
| Source Agency |
Congressional Research Service |
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Summary:
The 2005 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, 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.
Several bills introduced in the 110th Congress sought to address judicial security. H.R. 660 and S. 378 would have addressed many of the same issues that legislation introduced in the 109th Congress sought to address. On January 7, 2008, H.R. 660 was enacted into law (P.L. 110-177). P.L. 110-177 (1) improves judicial security measures and increases funding for judicial security; (2) amends the criminal code to provide greater protection for judges, their family members, and witnesses; and (3) provides grant funding for states to provide protection for judges and witnesses. Four other bills, H.R. 933, H.R. 3547, S. 79, and S. 456, would have created a short-term witness protection section in the USMS. All four bills would have also created a grant program to provide funding for short-term witness protection programs. Another bill, H.R. 2325, would have, along with amending the criminal code to provide greater protection for federal judges, federal law enforcement officers, and their family members, allowed federal judges and justices, U.S. Attorneys, and any other officer or employee of the Department of Justice whose duties include representing the United States in court to carry firearms.
This report discusses the state of judicial security in the United States and the legislation introduced in the 110th Congress related to judicial security. This report will not be updated.
