chevron-down Created with Sketch Beta.
December 30, 2024

A Call for Judicial Security

Hon. Mark Martin

Violence toward judges and other court personnel has increased rapidly in recent years. In 2023 alone, the U.S. Marshals Service investigated 457 threats against federal judges, compared to 224 in 2021, more than doubling within two years.

These threats often end in tragedy. Maryland Circuit Court Judge Andrew Wilkinson was shot and killed in his driveway by a man whom the judge had ruled against in a divorce case. And Esther Salas, a sitting federal district judge for New Jersey, saw her son killed in a targeted attack at her home.

Although the majority of attacks occur in public, courthouses themselves are not immune. A defendant dove over the bench at his sentencing hearing to batter Nevada District Court Judge Mary Kay Holthus. And just two months ago, a sheriff shot and killed Kentucky District Judge Kevin Mullins in his chambers.

These narratives illustrate the terrible reality that judges face daily — the possibility of being attacked for simply upholding the rule of law. However, it doesn’t just stop at the judges. Threats to prosecutors and other court staff have likewise increased at an alarming rate.

Addressing these concerns, the Thomson Reuters Institute Judicial Advisory Council assembled a judicial security panel “to better understand these threats and provide judicial personnel with tools to help protect themselves.” Judges and court personnel from across the country participated, and I had the honor of serving as moderator.

Sharing remarks first, Texas District Court Judge Julie Kocurek recounted being ambushed outside of her home in Austin, Texas. After a long recovery from multiple bullet wounds, Judge Kocurek leveraged this horrifying event for good by successfully advocating for the passage of a judicial security bill in her state. She also testified before the U.S. Senate in support of Senate Bill 3984, the Countering Threats and Attacks on our Judges Act.

“The bill will establish a State Judicial Threat Intelligence and Resource Center to provide technical assistance, training, and monitoring of threats for state and local judges and court personnel,” according to the National Center for State Courts, one of many sponsoring organizations. The bill was unanimously passed in the Senate and is now pending in the House.

Next to join the panel was Chief Judge Laura Beyer of the U.S. Bankruptcy Court in the Western District of North Carolina. She shared information acquired from serving on the U.S. Judicial Conference Committee on Judicial Security, delving more into the federal legislation and providing security insights.

The panel was rounded out by Chris Swecker, former FBI Assistant Director and current security consultant and media commentator. Swecker discussed security considerations for judges and judicial employees and provided practical home safety tips, including purchasing a home security system, owning a dog, alerting local law enforcement of the judge’s residence, training with pepper spray and firearms, eliminating hiding spots in the perimeter of the judge’s home, and reducing the dissemination of personally identifiable information online.

Overall, the panel was successful in shedding light on the emerging need for judicial security. Even more importantly, the audience was equipped with practical measures to avoid violence and heighten their own personal safety. In other words, judicial security efforts matter and may end up saving lives.

Disclosure: The materials contained herein represent the opinions of the authors and editors and should not be construed to be those of either the American Bar Association or its Judicial Division unless adopted pursuant to the bylaws of the Association. The materials contained herein are not intended as and cannot serve as a substitute for legal advice. Readers are encouraged to obtain advice from their own legal counsel. These materials and any forms and agreements herein are intended for educational and informational purposes only.

Hon. Mark Martin (ret.)

North Carolina Supreme Court

Hon. Mark Martin is the former Chief Justice of the North Carolina Supreme Court, Founding Dean and Professor of Law at High Point University School of Law, former Chair of the ABA Judicial Division, and Chair of the Thomson Reuters Institute Judicial Advisory Council.

Entity:
Topic:
The material in all ABA publications is copyrighted and may be reprinted by permission only. Request reprint permission here.