Beltway Bulletin: Enhancing Court Security— An Unfortunate Imperative

According to the FBI and the Department of Homeland Security, in recent years, domestic violent extremists (DVEs) have become a national threat priority on par with foreign terrorist organizations. DVEs are individuals who commit violent criminal acts in furtherance of ideological goals such as racial bias, misogyny, or antigovernment sentiment, with lone shooters responsible for the majority of the lethal DVE attacks in the United States. Their targets have included large public gatherings, houses of worship, school boards, and election workers. Unfortunately, federal court personnel have also found themselves on this list.

The U.S. Marshals Service (USMS) protects more than 2,700 sitting judges and approximately 30,300 federal prosecutors and court officials, along with members of the public who visit and work in 888 federal facilities and courthouses nationwide, and the
USMS reports an alarming spike in the number of threats and inappropriate communications directed at court personnel. From 2015 to 2021, that number jumped more than 450 percent, from 926 incidents recorded in 2015 to 4,511 incidents in 2021.¹

Some attacks are posted on social media, some come through the mail, and some are delivered in person. In 2020, members of the bench and bar, as well as non-lawyers across the nation, grieved after a self-described antifeminist attorney shot and killed the son of federal judge Esther Salas and wounded her husband at their home in New Jersey. In 2017, after he issued an order temporarily blocking former President Trump’s first travel ban, U.S. district judge James Robart received 40,000 messages, 1,100 of which were sufficiently serious to warrant investigation. Judge Robart received more than 100 death threats, prompting U.S. marshals to set up camp around his Seattle home. Both Judge Salas’ and Judge Robart’s addresses were available online.

FBA members understand that an independent judiciary is critical to the proper and effective functioning of our justice system and that protecting judicial independence has been an enduring priority for the FBA. Each year, the FBA Government Relations Committee works with members of Congress to build support for the funding request submitted by the Administrative Office of the U.S. Courts (AO), which includes money for court security measures. In response to the increased threat level, the AO requested—and Congress appropriated—a total of $704.8 million in court security funding for FY 2022, a $41 million increase over FY 2021.² According to the AO, the 2022 funds will be used to begin hardening courthouses to withstand hostile incursions; to hire additional court security officers; and to modernize and replace physical access control systems, video management systems, and other security equipment. In addition, the FY 2022 appropriations bill allows the judiciary to begin implementing the Judiciary Vulnerability Management Program, which is designed to reduce security risks posed by the availability of judges’ personally identifiable information online and includes the ability to redact judges’ personally identifiable information from online data sources. Permanent authorization for the full program through passage of the Daniel Anderl Judicial Security Act (named after Judge Salas’ son) remains critical, however, and advocacy in support of this bill is a top item on the FBA’s issues agenda. Approved by the Senate Judiciary Committee, the bill is awaiting a vote on the Senate floor, but it has stalled in the House Judiciary Committee. Urging members of Congress to support this legislation was a principal focus of the FBA’s recent Capitol Hill Week advocacy program.

For FY 2023, the judiciary is requesting $785.6 million for the court security account, an increase of $80.8 million over FY 2022. The AO’s request states that these funds are needed for full-year implementation of the Judiciary Vulnerability Management Program as well as the court security officer program, security systems, continued funding for courthouse hardening, and additional USMS staffing requirements.

The divisiveness prevalent in today’s society already exerts pressure on the impartiality of those who play a role in the judicial system, but confidence in their physical security is absolutely essential for judges, juries, and court personnel to make decisions without fear of intimidation or violence. As the threats have increased, so has the need for countermeasures, and until the causes of the increased threats are addressed, it is imperative that we protect against their intended effects. The FBA, through the Government Relations Committee, will continue to urge Congress to prioritize and provide funds to ensure the safety and security of all those who work and have business in our federal courts.

Endnotes

1 United States Courts, Judiciary Affirms Need for Bill to Protect Federal Judges ( July 14, 2021), https://www.uscourts.gov/news/2021/07/14/judiciary-affirms-need-bill-protect-federaljudges; United States Marshals, Judicial Security (Feb. 17, 2022), https://www.usmarshals.gov/duties/factsheets/judicial_sec.pdf.

2 Nate Raymond, U.S. Judiciary Receives Big Security Funding Boost in Spending Bill, Reuters (Mar. 11, 2022), https://www.reuters.com/legal/litigation/us-judiciary-receives-bigsecurity- funding-boost-spending-bill-2022-03-11/.

About the Author

Before joining Arent Fox, Cissy Jackson served as counsel and national security adviser to Sen. Doug Jones, D-Ala. Jackson also has extensive experience in the private practice of law, handling white collar, False Claims Act, grand jury investigation, and commercial property tax appeal matters. She has represented multinational corporations, small businesses, and individuals in high-stakes civil and criminal litigation.

About the FBA

Founded in 1920, the Federal Bar Association is dedicated to the advancement of the science of jurisprudence and to promoting the welfare, interests, education, and professional development of all attorneys involved in federal law. Our more than 16,000 members run the gamut of federal practice: attorneys practicing in small to large legal firms, attorneys in corporations and federal agencies, and members of the judiciary. The FBA is the catalyst for communication between the bar and the bench, as well as the private and public sectors. Visit us at fedbar.org to learn more.