Vol. 37, Number 6—June 2005

Judges Plead for Improved
Judicial Security

	"I understand that Congress cannot eradicate violence against judges, nor are judges exempt from the madness in the shadows," said Judge Joan Humphrey Lefkow (N.D. Ill.), who appeared before the Senate Judiciary Committee in May. "But as I replay in my mind the events that led to our tragedy, I believe that several things might have prevented it and could prevent it from happening to even one more of our judges." (Photo courtesy of Senate Recording Studio)

Three federal judges urged the Senate Judiciary Committee to help provide better security for all federal judges, both inside and away from their courthouses. Testifying last month were Judge Joan Humphrey Lefkow (N.D. Ill.), in her first public comment since the February 2005 murders of her husband and mother, Judge Jane Roth (3rd Cir.), chair of the Judicial Conference Committee on Security and Facilities; and Magistrate Judge Samuel Alba (D. Utah), who testified on how a threat against him was handled.

"I am here today because I believe it is important to speak to this body, which has the power to effect much-needed changes in the manner in which the federal Judiciary is protected from assassination and lesser attacks," said Lefkow, who was invited by the Judiciary Committee to testify.

Noting that the murders of her two family members made five assassinations within the federal Judiciary since 1975, Lefkow said, "Something is wrong in the judicial protection arena. . . . Without fearless judges, where are we as a nation? We need your leadership in this area, and the stakes are profound."

"Today I hope to describe for you the systemic problems the Judiciary faces in dealing with the Marshals Service, and to provide a legislative proposal that will assist us in making some headway in solving long-standing problems." Judge Jane Roth (3rd Cir.) Chair, Judicial Conference Committee on Security and Facilities

In his opening remarks, the chairman of the Senate Judiciary Committee, Senator Arlen Specter (R-PA), said, "This committee will act, Judge Lefkow, and I can assure you that the Congress will act. . . . We have the authority to provide adequate security for judges and we're determined to do just that."

Senator Richard Durbin (D-IL) introduced Lefkow at the hearing, noting that the judge previously had declined many speaking invitations and interviews. "But," he said, "she felt that the U.S. Senate Judiciary Committee was an appropriate forum to discuss her tragedy and to help us find ways to prevent such tragedies from happening again." Durbin said he believed that the Committee would make substantial changes in the U.S. Marshals Service (USMS) to meet the new challenge.

Also testifying at the hearing were Benigno G. Reyna, Director of the U.S. Marshals Service, and U.S. Marshal Kim R. Widup from the Northern District of Illinois. In his responses to questions from the Committee, Reyna said that the Marshals Service's most important responsibility is the protection of the judicial process.

	"What is particularly troubling about the Marshals Service headquarters mishandling of my request for a home security alarm system, is that it confirms what the Department of Justice Inspector General reported in March 2004. . . . the Marshals Service threat assessment process cannot ensure that districts consistently apply similar protective measures in response to similar threats'." Magistrate Judge Samuel Alba (D. Utah)

However, in her testimony Roth, who represented the Judicial Conference at the hearing, observed that it seems the Marshals Service never gets the resources it needs to get the job done.

"The primary statutory duty of the Marshals Service is the protection of the Judiciary," Roth said in her testimony. "Yet, time and time again we have found that the Service does not have the resources necessary to fulfill this obligation." Among other responsibilities, Roth's Committee on Security and Facilities reviews, monitors and proposes policies to the Judicial Conference regarding the security of the courts and the federal Judiciary.

Magistrate Judge Samuel Alba told the Judiciary Committee of the threat against him from a white supremacist criminal organization, his concerns for the safety of his family, and the lack of uniformity in USMS threat-assessment policy.

After his request for a temporary home alarm system was denied by the U.S. Marshals Service, a U.S. magistrate judge in a different district received a temporary home security system after the marshals detected a series of signs that he might be targeted, but no overt threat, Alba said.

"The protection of the Judiciary is one of the most important functions in American government. If federal jurists are to preside over cases and render verdicts free from fear of threats and intimidation, in a safe environment, then judicial security must continue to be a priority for our government." Benigno Reyna Director, U.S. Marshals Service
(Photos courtesy of Senate Recording Studio)

"I ask that you help federal judges be safe and secure, both at the courthouse and the residence, by providing oversight—so that the Marshals Service will have the resources and staff necessary to fully provide the judicial protection for which they are statutorily responsible," he said.

Reyna responded during the hearing by encouraging all federal judges "to allow us to exercise our ability to protect the judges, to report all type of communications. . . that they feel uncomfortable with. It is important that we address all the issues. It's important that we review all those potential threats or concerns. We'd rather address hundreds of concerns that turn out to be nothing, than fail to address one that was not brought to our attention." He also said that with the $12 million in supplemental funding the USMS received at the urging of the Judiciary, the USMS would be working with the Administrative Office to develop a process by which to address those matters of off-site security, and specifically, alarm systems.

In her testimony, Roth asked the Judiciary Committee to support the following initiatives:

• A legislative proposal that would require consultation and coordination between the Judiciary and the Director of the U.S. Marshals Service regarding security requirements. They jointly would submit to Congress a report on the Judiciary's security needs and how those needs will be addressed.
• Legislation that would establish significantly greater penalties for the recording of malicious liens against federal judges.
• Firearms training for judges.
• Legislation that would provide emergency authority to conduct court proceedings outside a court's territorial jurisdiction.
• Legislation that would provide permanent authorization to redact information from financial disclosure reports that could endanger the filer.

The complete Senate testimony of Judge Lefkow, Judge Roth, and Magistrate Judge Alba is available online at www.uscourts.gov/Press_Releases/index.html.