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Managing America: Courts

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Week Ending April 20, 2006

S.378 A bill to amend title 18, United States Code, to protect judges, prosecutors, witnesses, victims, and their family members, and for other purposes.

Judges and some court personnel would be protected from harm by the US Marshall Service. The bill provides a variety of modifications to the criminal and other codes that would prevent information on the judges, their families, witnesses and jurors being made public; prohibits weapons other than firearms from presentation in federal court facilities, increases witness tampering and manslaughter penalties and provides grants for coordinating protection efforts.

This bill follows the 2005 murder of a judge’s mother and husband and more recent shootings of a State judge in Nevada and holds as a primary purpose preserving the independence of the US judiciary in terms of giving them the resources, security and independence necessary to fulfill their mission. A similar bill passed the Senate last year but was not considered in the House.

The Judicial Conference of the US, an oversight organization of the judiciary that provides sentencing guidelines and other necessary court administrative and regulatory decisions, is to meet regularly with the US Marshall Service to determine the judiciary’s security needs. The Conference is authorized to redact any regulations requiring disclosure of federal judge’s finances including the same information on the judge’s family members through 2009. Disclosure can be prohibited if there is a determination that the judge and family would be endangered.

Tax court personnel would be protected by the US Marshall Service when criminal intimidation impedes the judicial process. USMS will receive $20 million to protect the judiciary. The funding can be used for hiring entry- and senior-level marshals specifically to protect the judiciary and for program analysis and computer security systems for threat assessment.

Filing, conspiring to file or attempting to file a false lien or encumbrance on real or personal property of a federal employee due to the employee’s official duties bring a prison term up to ten years. Knowing or having reason to know that a lien is false or contains and materially false fictitious or fraudulent statements would also pull up to ten years. A fine and imprisonment up to five years or both would be brought against someone making public restricted information on a judge of family with intent to threaten, intimidate or incite the commission of violence or with the intent and knowledge that the information could be used to threaten or commit a crime of violence.

Knowingly carrying or causing to be present a firearm in a federal court facility is expanded to include other dangerous weapons.

Witness tampering faces an increase from 20 to 30 years and retaliating against a witness faces up to 30 years. Manslaughter involving a judiciary employee brings 10 to 20 years for voluntary and 6 to 10 years for involuntary manslaughter.

Grants to communities are authorized to fund prevention strategy efforts between state and local prosecutors, victims and others.

The Attorney General will report to Congress on court security.

Miscellaneous Provisions

The US Sentencing Commission is authorized to enter into multi-year contracts for goods and services to the same extent as executive agencies

Life insurance benefits are extended to bankruptcy, magistrate and territorial judges as given to other federal judges. Insurance premium increases on policies implemented after 1999 for judges age 65 and over will be paid by the Administrative Office of the US Courts.

Senior judges are granted all powers of a judge or justice including participation in the appointment of court officers, magistrates, rulemaking, governance and administrative matters.

The Office of Government Ethics is reauthorized through 2010.

The number of judges in the D.C. Circuit court is reduced from 12 to 11 and the number in the 9^th Circuit Court of Appeals is raised from 28 to 29.

Sponsor:  Senator Patrick J. Leahy (D-VT)

Vote: Cloture on the motion to proceed succeeded 93 to 3 April 17, 2007 (RV 133). The bill passed the Senate 97 to 0 April 18, 2007 (RV 135)

Cost to the taxpayers: “CBO estimates that implementing S. 378 would cost $30 million in 2008 and $179 million over the 2008-2012 period, subject to the appropriation of the authorized and necessary amounts.”

Earmark Certification:   Not applicable to this bill.

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MORE INFORMATION

AMENDMENTS

Coburn Amdt 891 to S 378

To express the sense of the Senate that Congress should offset the cost of new spending.

A motion to table the amendment succeeded 59 to 38 (RC 134)

(b) SELECTION OF GRANTEES- The selection of applicants to receive grants under paragraphs (1) and (2) of subsection (a) of this section shall be based on their potential for developing or testing various innovative alternatives to traditional modes of incarceration and offender release programs. In selecting the applicants to receive grants under subsection (a)(3) of this section, the Director shall--

(1) consider the overall quality of an applicant's shock incarceration program, including the existence of substance abuse treatment, drug testing, counseling literacy education, vocational education, and job training programs during incarceration or after release; and

(2) give priority to public agencies that clearly demonstrate that the capacity of their correctional facilities is inadequate to accommodate the number of individuals who are convicted of offenses punishable by a term of imprisonment exceeding 1 year.

Priority shall be given to State court applicants under subsection (a)(4) that have the greatest demonstrated need to provide security in order to administer justice.

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