Washington Watch-The FBA Calls for Beefing Up Judicial Security

The tragic incident involving the murder of the son of U.S. District Judge Esther Salas and the critical wounding of her husband at the judge’s home in North Brunswick, N.J., on July 19, 2020, has stirred efforts within the judiciary and on Capitol Hill to improve and expand security at judges’ homes and at federal courthouses. The FBA has played an active role in supporting proposals to improve judicial security.

The Salas tragedy prompted the Judicial Conference of the United States to assess current security measures and then request additional judicial security funding and statutory changes to prevent the release of judges’ personally identifiable information (PII). Specifically, the Judicial Conference asked congressional appropriators on Sept. 4, 2020, to approve:

  • A one-time appropriation of $7.2 million for the U.S. Marshals Service to install modern home intrusion security systems in judges’ homes and $2 million annually to keep the systems current. The existing government-funded alarm systems are badly outdated, lacking any video capabilities to identify who is on a judge’s property.
  • Increased funding for the U.S. Marshals Service to hire 1,000 additional deputy U.S. marshals to expand the protection provided to judges and federal courthouses.
  • A one-time direct appropriation to the Federal Protective Service of $267 million to replace and upgrade exterior perimeter security cameras at 650 U.S. courthouses and federal buildings that house judicial activities.

FBA Support for Judicial Security Funding

On Oct. 14, 2020, FBA President W. West Allen urged Congress to promptly approve the Judicial Conference’s funding requests, noting: “The personal tragedy that has befallen Judge Salas and her family unfortunately is not confined to only them. The murders of United States District Judge John Wood (1979), United States District Judge Richard Daronco (1988), United States Circuit Judge Robert Vance (1989), United States District Judge John Roll (2011), and family members of United States District Judge Joan Lefkow (2005), all represented targeted attacks. It is imperative that Congress respond with the necessary security resources to prevent another tragedy involving judges and their families.”

The Judicial Conference also asked Congress to approve changes in federal law that would better prevent the unauthorized release of judges’ PII on the internet, including restrictions on posting or sharing judges’ personal information by private or public entities.

FBA Support for Judicial PII Safeguard Legislation

In response, a bipartisan group of Senate and House lawmakers introduced “The Daniel Anderl Judicial Security and Privacy Act of 2020” (S. 4711 and H.R. 8591) to protect against the internet disclosure of judges’ PII and provide incentives for states to take similar action. The legislation also would prohibit commercial data collectors from selling or purchasing the PII of federal judges and permit judges to sue and seek injunctive relief against violators of the law. In October 20 correspondence to Congress, FBA President Allen expressed the FBA’s support for the House and Senate bills and urged Congress to act promptly.

How quickly Congress acts is unclear, especially given the shortness of the lame duck session and post-election priorities. Congress could provide additional funding within the final version of the FY 2021 budget later this year or early next year. On the legislative front, congressional action to tighten the release of PII could stretch into 2021. Additional action by state and local authorities also could help because of their role in the internet publication of property, tax, election, and other public records containing PII about judges.

About the Author

Bruce Moyer is government relations counsel for the FBA. 

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.