Actions Taken to Enhance Security and Emergency Preparedness in the Federal Courts An Overview

Providing for the safety and security of federal judges, judicial staff, jurors, attorneys and others associated with the judicial process has always been a top priority for the judiciary.  Since the creation of the court security program in 1983, the number of court security officers in place in courthouses around the country has increased from 405 officers to almost 4,000 today.  Initiatives taken two decades ago by the judiciary in cooperation with the United States Marshals Service (USMS) to screen visitors to courthouses and to secure courthouses were innovations at that time -- and have served the judiciary well.
 
Before the September 11, 2001, terrorist attacks on the World Trade Center and the Pentagon, the Administrative Office maintained an active disaster response team security program in support of the federal courts.  Since then, AO Director Leonidas Ralph  Mecham established a Judiciary Emergency Preparedness Office and sought additional resources to enhance court security within the judiciary.  Following the anthrax incidents, the Director worked with the Judicial Conference’s Committee on Security and Facilities to establish safe mail handling practices and procedures.  A brief overview of actions taken to help courts plan and develop occupant emergency programs and continuity of operations plans, and to increase the safety and security of judiciary employees and courthouses are described below.

Emergency Preparedness

Within hours of the September 11, 2001, terrorist attacks, the AO’s Judiciary Emergency Response Team established communications and offered assistance to the New York City courts and provided a safe place and transport for judges attending the Judicial Conference in Washington, D.C. that day.  The Director delegated interim authority until December 31, 2001, to those affected courts to procure furniture, supplies, and miscellaneous services and to conduct limited competition and sole source procurements up to $50,000.  Procedures in the Guide to Judiciary Policies and Procedures were suspended to minimize delay in restoring operations at the affected courts.
 
Beginning in October 2001, the Judiciary Emergency Preparedness Office provided training, which addressed the need and process for the development of Occupant Emergency Plans and Continuity of Court Operations Plans in courts, through participation in special security conferences held in some circuits; production of several Federal Judiciary Television Network broadcasts; presentations at many advisory group and council meetings; participation in circuit technology conferences; briefings of chief judges and other judges; and training of circuit executives.  This is an ongoing effort.

Emergency Funding

As early as September 13, 2001, Director Mecham submitted the first of several requests for emergency funding to meet the immediate security needs of the federal courts.  On October 12, 2001, the AO announced that the Administration had released $19.7 million to the judiciary to maintain extended hours of coverage for perimeter security and other heightened security coverage by court security officers (CSOs).  Congress subsequently appropriated $95.4 million in an emergency supplemental to be used for judicial security throughout the country.  On January 25, 2002, the Executive Committee of the Judicial Conference approved a spending plan for the emergency supplemental, which was circulated to all chief judges by a memorandum dated February 19, 2002.  The spending plan provided for 1) 358 additional CSO positions; each district received a 10 percent increase in the number of CSOs; 2) 106 supervisory deputy marshal inspector positions, one for each district and regional appellate court, who will assist the district marshal with court security and ensure effective coordination of on- and off-site protection of judges; 3) Emergency communications equipment to ensure that judges and court administrators can maintain contact between and among courts, court units, and the AO during emergencies; 4) Additional x-ray machines for mail rooms and loading docks, and upgraded x-ray machines to replace those that are outdated; 5) Enhanced mail handling facilities and procedures; and more.

On February 28, 2002, the Director requested that the Office of Management and Budget ask Congress to appropriate $251 million for on-going emergency security needs of the judiciary, of which $240 million was to provide protective film or laminate for windows in  courthouses.  OMB was also asked to support $10 million for additional perimeter security improvements at the Supreme Court building, and $857,000 for security-related needs of the U.S. Court of Appeals for the Federal Circuit.  OMB's official request to Congress included the funds for the Supreme Court and the Federal Circuit, but only $3.1 million for protective window film and other physical security measures associated with the courthouses in Alexandria, Boston, and New York City.  On August 2, 2002, P.L. 107-206, the second FY 2002 emergency security supplemental bill was signed by the President, providing the judiciary with $17.1 million in additional funds for security needs.  The bill also permits victims of crimes associated with the terrorist acts of September 11, 2001, to view trial proceedings in the criminal case against Zacarias Moussaoui.  The proceedings would be televised to locations determined by the trial court.

However, certain funds in the Act were included on a contingent basis -- contingent on the President submitting an official budget request designating those funds as an emergency requirement.  In a letter dated August 6, 2002, the Director wrote to the President on behalf of the Judicial Conference to urge expeditious submission of an official budget request for the contingent funds.  The President declined to take that action, indicating that he could not support funding above his request to Congress.  As a result, the judiciary's security funding is reduced to $13.1 million, $10 million of which will fund the security upgrades to the Supreme Court building.  The USMS was also adversely affected by the President's decision.  The USMS had been slated to receive $37.9 million that could fund up to 250 new positions.  The need for deputy marshals was also addressed in the Director's letter to the President, citing the serious shortfall of deputy U.S. marshals.
 
Safe Mail Handling

Following September 11, 2001, the AO immediately reduced the amount of U.S. mail sent to the courts by relying more on e-mail messages, e-mail broadcasts, facsimile, telephone calls, and postings to the J-Net.  The AO continues to rely on electronic communications, and when paper must be sent, court recipients are notified to expect the delivery.  After the exposure and death of several people to anthrax-laced mail in October 2001, the following actions were taken:
 
After the Executive Committee of the Judicial Conference endorsed, on November 7, 2001, a testing strategy for biochemical agents and the provision of expert consulting services for courts on dealing with such agents, the AO provided more information through a memorandum dated November 9, 2001, on anthrax testing, expert services, and procurement information to safeguard the judiciary.  Courts were authorized to conduct “precautionary” testing of court mail rooms and areas such as loading docks, X-ray machines, mail handling surfaces and additional areas such as chambers.

The AO contracted with Consolidated Safety Services, Inc., which has a nationwide network to provide the courts with access to biochemical testing services.  The AO urged court units at the same location and court facilities in close geographic proximity to coordinate testing requests.  It also entered into a contract with Science Applications International Corporation (SAIC) to provide expert service and assistance to courts if a biochemical test were positive.  SAIC also provided advisory service to courts concerned about contamination.

Court Security

Numerous court security enhancements have occurred since September 11, 2001.  Some  initiatives began before that date, while others resulted from implementation of  recommendations made in a November 2001 study of the nationwide court security program conducted by SAIC.  Each of the following enhancements has strengthened the security of the judiciary:

The AO Director issued a February 7, 2002, memorandum to all chief judges that listed basic security countermeasures each court facility should implement to provide an adequate level of security at federal courthouses.  These requirements were developed jointly with the USMS based on deficiencies noted during facility security surveys.  Among these security requirements are posting at least two CSOs at public entrance security screening posts; placing protective barriers at vulnerable public entrances and other vulnerable areas; installing closed circuit television cameras to monitor the courthouse perimeter, parking and screening areas and courtroom lobbies; and screening all employees and other government employees entering courthouses.

After several years of negotiation, the USMS, GSA, and AO reached an agreement in May 2002, which places Federal Protective Service contract security guards under the supervision of the USMS at about 140 facilities where court and court-related operations occupy 75 percent or more of the space.  The USMS is currently reviewing policy issues related to this agreement.