The federal judiciary will receive an additional $41 million to improve security as part of the $1.5 trillion measure recently passed by Congress. As part of the latest omnibus spending bill (H.R. 2471), the budget includes $704.8 million for court security. That’s an increase of about 6% over last year’s budget, which was dedicated to addressing increased concerns about the safety of judges.
Justice calls for more security funds
Last month, the U.S. Judicial Conference (the national policymaking body for the federal courts) sent a letter to lawmakers calling for $515.5 million in “emergency supplemental funding” as quickly as possible to address urgent security needs in federal courts .
The U.S. Marshals Service, which oversees judicial security, released a report in 2021 that found it lacked the resources needed to respond to an 81 percent increase in “threats or inappropriate communications” against federal judges between 2016 and 2020 react. And just last month, the director of the U.S. Marshals, federal judges were the subject of more than 4,500 threats in 2021.
After the 2020 attack on U.S. District Judge Esther Salas’ home in New Jersey, which resulted in the death of the judge’s son, the federal judiciary began its own independent efforts to improve security. Measures announced in August and September 2020 included a promise to advocate for legislation to improve the protection of judges’ information online and to improve security systems for judges’ homes.
Perhaps the best justification for the funding increase comes from the judges themselves. “Our constitutional system relies on judges who can make decisions without fear of reprisal or retaliation,” the Judicial Conference wrote to the Senate Appropriations Committee last year. “This is essential not only for the safety of judges and their families, but also for the protection of our democracy.”
What are the funds used for?
In its request, the Judicial Conference divided its $515 million request into two categories: $112.5 million for courthouse security and $403 million for “cybersecurity and IT modernization initiatives.” On physical security, the new budget includes enhanced security for federal courts, including security patrols, mail and package screening, and perimeter security. The focus on cybersecurity is primarily aimed at protecting personal data of judges.
The plan approved by Congress includes funding for a program to identify and remove judges’ personal information, including information about their families and where they live, from the Internet. Last December, the Senate Judiciary Committee unanimously introduced a bill for such a program, which would also ban data brokers from selling or trading judges’ personal information. However, the Daniel Anderl Judicial Security and Privacy Act (named after Judge Salas’ son) was not passed in Congress.
The current funding proposal is an important first step toward making judges’ jobs safer, but without legislative support it can only deliver limited results. Hopefully we will see relevant draft legislation soon.
