Threats Facing Public Officials: What Can Be Done to Safeguard Judges, Civil Servants, and the Rule of Law?

I grew up in a home with a print of Walter Molina’s The Peace Sowers hanging on the wall of our kitchen. Many households of a bygone era proudly hung this Pollyanna-ish scene that would be an unimaginable image to display today: the American president and a Catholic pope planting seeds together for better days.

The time when such public figures are held in high esteem is long gone. Judges are called crooked. Elected officials are accused of being corrupt. Poll workers are labeled as pawns. It is said that so-and-so wants to take away your rights and burn the Constitution. These accusations are cast about with no basis in fact or reality. And they stick. They get repeated, and this passing along of falsehoods has changed the world in which we live.

Most Americans now say that they feel a sense of incivility, and this discourse has evolved into actual threats and violence at an alarming pace. What does all this mean for public sector workers? And what can be done to keep government officials and institutions safe?

The Threat Is Real

While it is difficult to find comprehensive statistics accurately depicting the problem, data concerning certain public officials offers insights into the staggering extent of the danger. The U.S. Capitol Police documented more than 9,600 threats to members of Congress in 2021 alone. U.S. marshals—responsible for the protection of the federal judiciary—logged more than 4,500 threats to judges that same year. But they aren’t the only officials facing threats. The ire once reserved for the highest officials has now trickled down to state and local officials, including the most ordinary civil servants. Federal, state, and local health agencies were brought into the crossfire due to COVID protocols. School boards were drawn into the fray over bathroom policies. Poll workers and election officials became targets over false election claims. The threats facing these state and local workers are likely as real—perhaps more so—as those chronicled above; however, statistics in this area are lacking.

Tragically, the rate at which this rhetoric is translating into real-life harm is on the rise. There are countless examples of acts of senseless violence against dedicated public officials who are being attacked for simply doing their job. One such case involves Maryland Circuit Judge Andrew F. Wilkinson, who was murdered in a targeted attack last year. He was shot by a man who had lost custody of his children at a hearing presided over by Judge Wilkinson earlier that day.

Devastating attacks like this often go beyond the workplace—and even the intended target—reaching those around an official, including their loved ones. Another high-profile example took place at the home of Judge Esther Salas, a New Jersey federal district court judge. Judge Salas, her husband, and her 20-year-old son Daniel Anderl were home one day when the doorbell rang. After answering the door, Daniel was brutally shot on the doorstep of their home. Hearing the shots, Judge Salas’s husband, Mark, responded and was also shot multiple times. By the time it was over, Daniel was dead, and Mark was critically injured. One moment, Judge Salas was speaking with her son, and in the next instant, he was dead at the hands of a disgruntled litigant who was able to find the home address of a federal judge through an online search.

Harrowing stories abound with another sector of government workers once widely respected for their contributions: poll workers and election officials. More than half of the election officials surveyed prior to the 2024 elections said they worried about the safety of those working the polls that November. Following the 2020 election, election workers and their families received death threats, with protests even taking place at their homes. Once volunteering out of a sense of civic duty, these workers now fear for their lives.

The Consequences of Living in Fear

Every news cycle, there seems to be a terrifying new episode, and the violence and threats of violence are taking a toll on our institutions and civil servants. These crimes not only disrupt government operations, they also impact the democratic process and affect democracy as we know it. Forty percent of state legislators report being victims of attacks or threats. Factor in insults and harassment, and the number goes up to 89 percent. These numbers could lead to fewer town halls and other public events, reducing important interaction with constituents. Worse yet, large numbers of legislators indicate that they are steering clear of controversial issues as a result of these crimes.

When it comes to elections, a full 20 percent of election workers wanted to abandon their positions in the aftermath of recent election cycles. Departures from these positions and a dearth of new volunteers can have a real impact on free and fair elections, a fundamental function of a democratic society. The loss of institutional knowledge can impact the pace and operations of polling stations. Voter participation can suffer. Democracy is at stake.

The consequences of the fear and danger now surrounding government duties go beyond the impact on our institutions, society, and the public. They are felt within our agencies and are taking a toll on those in public service. Workers are scared. It is affecting the morale of the existing workforce and discouraging others from entering public service. When a criminal defendant leaped over a courtroom rail to attack Clark County Judge Mary Kay Holthus in Las Vegas, a local marshal and two others were injured in addition to Judge Holthus herself. Clark County Chief Judge Jerry Wiese addressed the emotional toll in the aftermath of the attack; he authorized crisis services for those in the courtroom that day and noted the importance of the court’s wellness program for staff.

All this shows the importance of ensuring the security and integrity of our institutions and workplaces as well as the privacy and safety of our public workforce. Urgent action is needed to address this growing problem.

What Can Be Done?

These issues and others were discussed at a recent Presidential Showcase program at the American Bar Association’s 2024 Annual Meeting in Chicago. Maryland Supreme Court Chief Justice Matthew J. Fader, Michael Lasso (Judge Holthus’s law clerk), and others shared their experiences and explored possible solutions to this growing crisis.

Panelists detailed a range of threats and problems, including the increasing role played by social media. Assistant Attorney General Ashley Weathers of the North Carolina Department of Justice described receiving ominous messages referencing her whereabouts at social functions. She and other leaders on the panel recounted how attacks and threats are facilitated by the ease of accessing personal details of public officials online, including home addresses, as was the case with Judge Salas. Thanks to the lobbying efforts of many officials, including Judge Salas, who stoically and repeatedly recounted the tragedy at her home, Congress passed the Daniel Anderl Judicial Security and Privacy Act. Named after Judge Salas’s son, the law limits the resale of personal identifiable information of judges. The restricted data includes primary and secondary residential addresses, email addresses, and phone numbers.

But this change only applies at the federal level, leaving officials in most states unprotected. In the wake of the killing of his colleague, Chief Justice Fader of Maryland advocated for tighter restrictions on the accessibility of personal data on the state level. Maryland subsequently passed the Judge Andrew F. Wilkinson Judicial Security Act, which went into effect on June 1, 2024. Under the law, current and former judges and their families can request the privacy of their personal information held by third parties. Importantly, these requests can also be directed to government agencies, meaning that the availability of addresses and other data associated with common records, such as voter registration information and property records, can be restricted.

Protecting Yourself

Nowadays, if you work in or with the public sector, you must have a plan for your safety. Yet, remarkably, 60 percent of local officials surveyed disclosed that they had not developed plans to combat or mitigate incidents of threats or violence. Not long ago, having a fire escape route mapped out was sufficient. Now, active shooter plans and strategies to respond to other incidents are necessary. Reflect carefully on your specific needs and circumstances and develop ways to better protect yourself and your institution. This could involve infrastructure changes such as metal detectors, surveillance, panic buttons, and/or physical barriers. It might include security training. Things happen in an instant, so formulate a de-escalation policy for open meetings, hearings, and other public encounters. Debrief after each problem and reevaluate. And consider ways to better protect yourself outside the workplace. This includes taking steps to limit the exposure of your data and assessing possible risks at home and on your commute.

In Maryland, Chief Justice Fader convened a task force to identify best practices in courthouse security, recommend improvements, and review how threats against judicial officers and staff are handled. Many other jurisdictions are doing the same, including Nevada, where the Supreme Court issued a personal security handbook. These resources are worth everyone’s time to review; they will bring to mind things that you may not have considered.

Other Steps to Increase Safety

Another important concept discussed at the 2024 ABA Presidential Showcase program is the need for proactive moves to correct and improve the discourse that we all hear, including defending and protecting judges and the courts from unfair and inappropriate attacks. The Bolch Judicial Institute at Duke Law School has taken the lead in this area with its efforts to combat conduct that could harm judicial independence and diminish public faith in our judicial system. In a recent article, the institute’s executive director, retired District Court Judge Paul Grimm, details a number of steps that can be taken to help restore public confidence in the legal system, including improving civics education to better explain the judicial process and ensuring the accessibility and affordability of civil justice. Judges and court officials can combat perceptions of bias through their courtesy and professionalism to all litigants and through their example as they abide by ethical standards and codes of conduct.

Those attending the 2024 Annual Meeting also saw the American Bar Association’s House of Delegates urge Congress to do more. In approving a resolution sponsored by the Judicial Division, the House called upon Congress to pass necessary protections for judges and establish a State Judicial Threat Intelligence and Resource Center to provide technical assistance and training for enhanced judicial security.

We can all do our part by combatting disinformation, improving civil discourse, and turning down the rhetoric. We can advocate for policies to protect privacy. We can recognize the need for procedural, technological, and infrastructure changes and encourage elected officials to properly fund programs and our institutions. And we can thank and support all our public officials and civil servants, from those on the bench to those in the clerk’s office, from those answering the phones to our poll workers on the front lines. If you are in public service, reflect on the importance of what you do and the role you serve for others. Public service is one of the most rewarding and important occupations in this great county. U.S. Attorney General Janet Reno frequently described public sector lawyers as just below the angels.

We should not live in fear, but we must be prepared. If we are proactive, officials and institutions can safely continue their important missions of protecting the health, safety, and welfare of the public, as well as democracy and the rule of law.

How to Protect Yourself and Keep Our Institutions Safe

In the workplace, have a plan for:

• De-escalating incidents at meetings and events.
• Dealing with suspicious packages; telephone, written, and electronic threats; and active shooter situations.
• Instituting workplace safety and infrastructure changes.

At home, be sure to:

• Take steps to safeguard your personal identifiable information.
• Review possible security gaps at your home, on your commute, and in public interactions.
• Advocate for limits on the access to personal data for public officials and government workers.

Recent Incidents Involving Public Sector Workers

• At a Virginia town hall meeting on budget issues, a disgruntled citizen choked the county attorney.
• Deputies in California were fired upon while trying to serve an eviction notice.
• In several states, polling places were forced to close after receiving threats—including bomb threats to a school.
• Bogus commercial liens were filed against local officials and others by aggrieved litigants—a phenomenon known as “paper terrorism.”