RL33473
Judicial Security: Comparison of Legislation in the 110th Congress
July 11, 2007

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Federation of American Scientists

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. In an effort to strengthen court security, the 109th Congress responded with a number of measures that would have affected both the federal and state judicial systems. Similar legislation has been introduced in the 110th Congress. H.R. 660 and S. 378, both titled the Court Security Improvement Act of 2007, seek to address judicial security by (1) improving judicial security measures and increase funding for judicial security, (2) amending the criminal code to provide greater protection for judges, their family members and witnesses, and (3) providing grant funding for states to provide protection for judges and witnesses. Two other bills, H.R. 933 and S. 79, would create a short-term witness protection section in the USMS. Both bills would also create a grant program to provide funding for short-term witness protection programs. Another bill, H.R. 2325, would, along with amending the criminal code to provide greater protection for federal judges, federal law enforcement officers, and their family members, allow 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. H.R. 660 was introduced on January 24, 2007, and it was referred to the House Judiciary Committee, the House Committee on Ways and Means, and the House Committee on Oversight and Government Reform. The House passed H.R. 660 on July 10, 2007. S. 378 was also introduced on January 24, 2007, and it was referred to the Senate Judiciary Committee. The Senate passed S. 378 on April 19, 2007. H.R. 933 was introduced on February 8, 2007, and it was referred to the House Judiciary Committee. S. 79 was introduced on January 4, 2007, and it was referred to the Senate Judiciary Committee. H.R. 2325 was introduced on May 15, 2007, and it was referred to the House Judiciary Committee. This report discusses the state of judicial security in the United States and the legislation introduced in the 110th Congress that would enhance judicial security. This report will be updated as needed.