RL33464
Judicial Security: Responsibilities and Current Issues
April 07, 2008

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Summary:

The importance of judicial security was underscored by the murders of family members of a Chicago federal judge on February 28, 2005, and the killings less than two weeks later of a state judge, a court reporter, and a sheriff's deputy in an Atlanta courthouse. Shortly after these incidents, the House and the Senate held hearings and legislation was introduced to (among other things) improve courtroom security for judicial officers; safeguard judges and their families at home; restrict postings of personal information about judicial officers and their families on the Internet; extend or make permanent the authority to redact certain information from judicial officers, judicial employees, and their families' financial disclosure forms; and increase penalties for attacks against them and other law enforcement personnel. Although several judicial security bills were introduced in the House and Senate in the 109th Congress, the security provisions enacted were in an appropriations act (P.L. 109-13), which included funding for intrusion detection alarms in judges' homes. Early in the 110th Congress, the chairmen of the House and Senate Judiciary Committees introduced H.R. 660 and S. 378, the Court Security Improvement Act of 2007, companion bills similar to the bills introduced in the previous Congress. H.R. 660 was referred to three committees: Judiciary, Ways and Means, and Oversight and Government Reform. Following the May 3, 2007, hearing on H.R. 660 by the House Subcommittee on Crime, Terrorism, and Homeland Security, the House Judiciary Committee held a markup and amended the bill on June 13, 2007, and reported it on July 10, 2007. On that same day, the other two House committees were discharged from the bill, and the House passed H.R. 660. After a February 14, 2007, hearing on judicial security and independence, the Senate Judiciary Committee approved S. 378 on March 1, 2007, and reported the bill on March 29, 2007. On April 19, 2007, the Senate passed S. 378. After resolving differences between the House and Senate versions, the Senate passed H.R. 660, as amended, on December 17, 2007, by unanimous consent. Two days later, the House approved the amended bill by voice vote. On January 7, 2008, the President signed H.R. 660 into law (P.L. 110-177). Congress also passed H.R. 1130, the Judicial Disclosure Responsibility Act, to extend the authority of the Judicial Conference (through 2009) to redact certain personal information of judicial officers, employees, and their families from financial disclosure statements. On May 3, 2007, the President signed H.R. 1130 (P.L. 110-24). Both federal and state judicial entities have addressed judicial security concerns. By statute, the United States Marshals Service (USMS) within the Department of Justice has primary responsibility for the security of the judiciary. USMS works closely with the Judicial Conference of the United States, the Administrative Office of the United States Courts, and the Federal Protective Service within the Department of Homeland Security. Concerns have been raised, however, about the staffing of, and the communication and coordination between, these offices. The Judicial Conference has, among other things, encouraged newly appointed judges to provide personal information to USMS, and urged USMS to provide additional training to marshals and inspectors. The National Center for the State Courts issued a document intended to serve as a framework for state judicial security, and has held two summits on court safety and security. Federal court security funding is currently provided under two appropriations bills, one for the judiciary and one for USMS. Related issues that may receive congressional consideration or oversight are funding and staff resources, communication and consultation, and federal/state collaboration. This report will be updated as events warrant.