1. What is Known About Court Related Violence HON. CHUCK WELLER, Ph.D.

2. Objectives: After this session you should be able to: 1. Identify judicial perceptions about court security. 2. Summarize the latest research on threats and violent attacks on judges. 3. Discuss how to be safer.

3. JUDICIAL PERCEPTIONS ABOUT COURT SECURITY

4. Judicial Perception Judges believe that attacks, threats and harassment against judges and court staff are inevitable. Judges fear that they, their families and their staffs are at risk of violence directed towards the judiciary. Judges believe that their families would be better protected if there were less access to their personal information such as addresses and telephone numbers.

5. Has your family ever felt unsafe because of your position as a judge?

6. Source: Muffler, John (2014). Judicial Security, 2014 Survey Report [P. 18]. Retrieved from http://www.judges.org/wp-content/uploads/USMS_survey_report.pdf

7. Do you worry about your family’s safety because of your position as a judge?

8. WORRIES ABOUT FAMILY SAFETY

9. Do you worry about your safety because of your position as a judge?

10. Do you worry your safety because of your position as a judge? Source: Muffler, John (2014). Judicial Security, 2014 Survey Report [P. 19]. Retrieved from http://www.judges.org/wp-content/uploads/USMS_survey_report.pdf

11. Does your family have an established emergency procedure in the event an inappropriate communication is received at home?

13. Has concern for your safety ever caused you to hesitate before taking certain action in a case?

14. Source: Muffler, John (2014). Judicial Security, 2014 Survey Report [P. 16]. Retrieved from http://www.judges.org/wp-content/uploads/USMS_survey_report.pdf

15. Has concern for your security caused you to change your professional conduct?

17. In general, do you feel that your courthouse / office building is safe?

18. SAFETY OF COURTHOUSE / BUILDING Source: Muffler, John (2014). Judicial Security, 2014 Survey Report [P. 20]. Retrieved from http://www.judges.org/wp-content/uploads/USMS_survey_report.pdf

19. Does your workplace have security personnel?

21. In your experience do you need more security officers to provide security at your building?

22. Source: Fautsko, Timothy (2013). Status of Court Security in State Courts, A National Perspective [P. 5-3]. Retrieved from http://ncsc.contentdm.oclc.org/cdm/ref/collection/facilities/id/184 In your experience, do you need more security officers to provide court security at your building?

23. Does your court / hearing room have an exit near your bench that is not accessible to the public?

25. Do you have an established escape plan in case of an emergency in your court / hearing room?

27. Does the public have access to your chambers / office?

29. Does your workplace have any of the following?

31. Do you have the power to hold someone in contempt of court?

33. Have you held someone in contempt of court for a security violation?

35. Do you have the ability to move a hearing (because of security concerns) to a more secure court / hearing room ?

37. If yes, have you ever had to do so?

39. In your opinion, which of the following features must be included in a comprehensive security program?

41. Overall how would you rate the quality of court security services for your court building?

43. Do you do / have any of the following?

45. Do you drive a vehicle that identifies you as a judge (vehicle markings, government tags, vanity plates, etc.)?

47. THREATS MADE TO JUDGES

48. Source: Kirschner, D.J., Rozek, K.K., & Weiner, N.L. (2001) Violence in the Judicial Workplace: One State’s Experience. The Annals of the Academy of Political and Social Science. Survey of 1,112 Pennsylvania Judges: 506 (45 percent) reported threatening communications during the previous 12 months.

49. Threats Against Judges Survey of 2,141 federal judges:  705 (32 percent) responded  345 reported threats within the previous year  486 reported threats during career Source: U.S. Department of Justice Office of the Inspector General, Evaluation and Inspections Division’ The United States Marshals Service Judicial Security Process, Report Number I-2007-010 (September 2007).

50. Have you ever received an inappropriate communication as a result of your position as a judge?

52. Where / when was the communication received?

54. Have you ever been threatened as a result of your position as a judge?

56. By what means was the threat conveyed?

58. Was the threat related to a specific case?

60. What kind of case?

62. To whom did you report the threat?

64. WHAT IS THE RELATIONSHIP BETWEEN THREATS OF VIOLENCE AND VIOLENCE?

65. Threatening and Otherwise Inappropriate Letters to Hollywood Celebrities. Journal of Forensic Science, 24, 185-209 (January 1991) - No association between threatening and approaching

66. Threatening and Otherwise Inappropriate Letters Members of the United States Congress. Journal of Forensic Sciences, 26, 1445-1468 (September 1991) - Negative correlation between threatening and approaching

67. Source: deBecker, Gavin. (1997). The Gift of Fear. Not one successful public- figure attacker in the history of the media age directly threatened his victim first.

68. Source: Calhoun, F.S. (1998). Hunters and Howlers: Threats and Violence Against Federal Judicial Officials in the United States, 1789-1993. Less than ten percent of perpetrators made a direct threat to their target in advance. Of 2,996 threats reported to the U.S. Marshals Service between October 1, 1980 and September 30, 1993, 91.9 percent resulted in no additional hostile act. Source: U.S. Secret Service Exceptional Case Study.

69. Source: Calhoun, F.S. (1998). Hunters and Howlers: Threats and Violence Against Federal Judicial Officials in the United States, 1789-1993. The hunters hunt and rarely howl; The howlers howl and only rarely hunt.

70. Threats of Violence Against the Judicial Process Three motivations:  Intent to influence future judicial action  Retaliation for past judicial action  The victim’s present or past role in the judicial process

71. Source: Meloy, J.R. (2001). Communicated Threats and Violence Toward Public and Private Targets. The most likely tactical reason for a subject who stalks and attacks a public figure to not directly communicate a threat to the target is, of course, to enhance his probability of success.

72. NEGATIVE EFFECT OF THREATS

73. Source: Chamberlain, J. & Miller, M. (2009). Evidence of Secondary Traumatic Stress, Safety and Concerns, and Burn Out Among a Homogeneous Group of Judges in a Single Jurisdiction. All of the judges had responses to the shooting that could interfere with judicial functioning.

74. Source: Chamberlain, J. & Miller, M. (2009). Evidence of Secondary Traumatic Stress, Safety and Concerns, and Burn Out Among a Homogeneous Group of Judges in a Single Jurisdiction. Stress can lower one’s memory capacity, interrupt decision making, and increase stereotyping in decision makers.

75. Source: Pichon, S. Et Al (2011). Threat Prompts Defense Brain Responses Independently of Attentional Control. Magnetic resonance imaging shows that the receipt of a threat triggers reflexive brain responses that interfere with the ability to perform intended tasks.

76. VIOLENT ATTACKS

77. Targeted vs. Non-targeted Violence Non-Targeted:  Spontaneous (purportedly) outbursts.  Subject to control by standard security devices such as restraints on prisoners; separate circulation systems within the courthouse for staff, the public and prisoners; and weapons screening at courthouse entrances.

78. Targeted vs. Non-targeted Violence Targeted:  Most incidents are planned over years, months or weeks.  Most incidents are uncomplicated (i.e. a handgun at close range).  Addressed by: judicial education, home alarms, threat assessment, law enforcement response.

81. Incidents Per Year (406-Total) Source: Fautsko, Timothy (2013). Status of Court Security in State Courts, A National Perspective [P. 4-3]. Retrieved from http://ncsc.contentdm.oclc.org/cdm/ref/collection/facilities/id/184

84. Source: Kirschner, D.J., Rozek, K.K., & Weiner, N.L. (2001) Violence in the Judicial Workplace: One State’s Experience. The Annals of the Academy of Political and Social Science. Survey of 1,112 Pennsylvania Judges: One percent reported a physical assault during the previous 12 months.

85. Have you ever been physically attacked because of your position as a judge?

86. PHYSICAL ATTACKS Have you ever been physically attacked because of your position as a judge?

87. WHO ARE THE VICTIMS?

88. Threat Source Target / Victims

89. Officials / Persons Injured

90. Officials / Persons Killed

92. WHO ARE THE PERPETRATORS?

93. Who are the perpetrators? Exceptional Case Study, U.S. Secret Service, as described in Fein, R.A. at Vossekuil B.(1999) Assassinations in the United States: an operational study of Journal of Forensic Sciences, 44. -Study of 83 apprehended perpetrators who, between 1949 and 1996, assassinated, attacked or approached a publicly prominent political, business, sports or media individual with a deadly weapon.

96. Case-Related Motives

98. Incident Location (2005 - 2012)

99. Total Number of Incidents: 174  90.5% (158 incidents) were committed at courthouse facilities.  8.0% (14 incidents) were committed at residences.  1.5% (2 incidents) were committed at other locations.

100. 3 Federal Judges Killed  USDJ John WOOD San Antonio, Texas May 29, 1979  USDJ Richard DARONCO Pelham, New York May 21, 1988  USCJ Robert VANCE Birmingham, Alabama December 16, 1989

101. Incidents By Region (2005 - 2012)

102. Total Number of Documented Incidents by Region (2005 -2012): 406

103. Total Number of Documented Incidents by State (2005 -2012): 406

104. 80.93 percent of perpetrators acted alone.

105. WHAT CAN YOU DO TO BE MORE SAFE?

106. “What is most needed for effective prevention of attacks against judges and their courts is empirical research on incidents of targeted judicial violence.” Source: Vossekuil, B., Borum, R., Fen, R., & Reddy, M. (2001). Preventing Targeted Violence Against Judicial Officials and Courts. The Annuls of the Academy of Political and Social Science, 576, 78-90.

107. Resources for Judges  HOME SECURITY AUDIT AND RECOMMENDATIONS National Center for State Courts http://www.ncsc.org/services-and-experts/areas-of- expertise/~/media/files/pdf/services%20and%20experts/areas%20of%20expertise/emergency%20preparedn ess/06272013-home-security-audit.ashx  TAKING PRECAUTIONS: 101 PERSONAL SAFETY TIPS FOR JUDGES AND COURT STAFF National Center for State Courts http://cdm16501.contentdm.oclc.org/cdm/ref/collection/facilities/id/143  PERSONAL SECURITY TEST U. S. Marshals Service, Judicial Security Division http://www.judges.org/resources/judicial-security/

108. Make Your Courtroom Safe  Don’t allow any court building or space to be designed without addressing security concerns.  “Handcuff” chairs together.  Get rid of things that can be thrown.  Make sure flags can’t be used as spears.  Bullet-proof your bench.  Don’t allow anyone to approach your bench without asking for and receiving your permission.

109.  Test your alarm system.  Ask for additional security when appropriate.  Have disruptive persons removed.  Know where all the weapons are.  Ask for security funding. Make Your Courtroom Safe

110. Make Court Proceedings Safe  Focus responsibility for decisions on the law, not on you.  Don’t exhibit anger or sarcasm.  Make people stay seated.

111. Think Through Possible Incidents  Where will I go?  How will I get there?

112. Don’t Help an Angry Litigant Get You  Remove your name and title from your parking space.  Don’t have a license plate that identifies your name and title.  Don’t wear clothing that identifies you as a judge.  Don’t allow your home telephone number or home address to be published.  Don’t use the title “judge” on checks, credit cards, etc.  Don’t use your name as part of a return address.  Don’t mention your name on your home answering machine’s message.

113.  Don’t identify yourself as a judge to strangers.  Don’t make public pictures of your family.  Talk to your family about security.  Ask law enforcement or the US Marshals Service to conduct a security assessment of your home.  Don’t invite litigants into chambers.  Enact 18 USC 119 in your state. Don’t Help an Angry Litigant Harm You

114. Using Weapons for Personal Security  Second Amendment and 45 State Constitutions.  “Shall Issue Laws” – 36 states.  U.S. Judicial Conference favors allowing federal judges to carry concealed weapons throughout the United States.

115. Thank You!  Questions?