Threats Against Federal Judges Jump Drastically

AOL News
By Dana Chivvis
January 5, 2010

In a sick twist of fate, a federal court officer was shot and killed and a U.S. marshal was wounded in Las Vegas this morning around the same time the Department of Justice released a report saying that threats against federal judges, U.S. attorneys and U.S. assistant attorneys have more than doubled since 2003.

In 2003 there were 592 registered threats, while in 2008 the number jumped to 1,278, according to the report.

The U.S. Marshals Service has the primary responsibility for defending and protecting federal court officials and proceedings. But today's report charges that the Marshals Service has not always responded to threats appropriately for the risk involved.

It also said marshals don't effectively coordinate with other law enforcement agencies. According to protocol, marshals are supposed to report all threats to the FBI. But the study found that between 2007 and 2008, the FBI was not notified of threats 40 percent of the time.

The U.S. Marshals Service said it would carry out the report's recommendations, according to the Los Angeles Times.

Between 2003 and 2008 there were 5,744 registered threats against federal judges, U.S. attorneys and U.S. assistant attorneys. But there might have been many more. The Justice Department estimates that one-fourth of threats go unreported, often because judges and attorneys don't take them seriously.

In an example of a verbal threat taken from U.S. Marshals Service documents, an unnamed source wrote, "What the **** are you doing? Don't think we wont [sic] kill you and your ****ing wife....smarten up."

In 2005, Illinois Judge Joan Humphrey Lefkow returned home to find her husband and mother shot to death in her basement. A man whose medical malpractice case had been dismissed by the judge is suspected to have been the killer. He shot and killed himself during a traffic stop days after the murders.

A survey conducted by the Justice Department found that 7 percent of U.S. attorneys and U.S. assistant attorneys had reported threats that went beyond the written or verbal. In one instance, a white supremacist wrote in a blog that three federal judges deserved to die. The post included their names, work addresses, telephone numbers, pictures and a map showing the courthouse where they worked.

The federal system has more than 2,000 judges and approximately 5,250 other officials. The report notes that no federal judge or prosecutor has been killed in the last six years.

After Murders of Husband and Mother
Judge Regrets Not Installing Home Security System

By Mike Robinson
The Associated Press
New York Lawyer
August 3, 2009

CHICAGO — A federal judge whose mother and husband were shot and killed by a disgruntled litigant said Saturday that she looked into buying a home security system but that it seemed too expensive and "we just didn't do it."

"I've gone over in my mind so many times what could have been done differently," U.S. District Judge Joan Humphrey Lefkow said during an American Bar Association panel in Chicago on how judges can keep themselves and their families safe.

Lefkow came home the evening of Feb. 28, 2005, to find her husband, Michael Lefkow, 64, and her mother, Donna Humphrey, 89, shot to death in the basement.

Bart Ross, an electrician whose medical malpractice suit had been dismissed by Lefkow, killed himself two weeks later and left a note confessing to the crime. DNA evidence and spent shells confirmed Ross was the killer.

Lefkow said she was surprised to hear from an expert from the U.S. Marshals Service that a home security system could cost as little as $100. She said she and her husband had looked into buying a system but understood it would cost several thousand dollars.

"We just didn't do it," she said. She said judges must make up their minds that "for the sake of my family, for the sake of myself, I just have to do it."

Lefkow said she now lives in a high-rise building with 24-hour security.

Before Ross' suicide, the most publicized focus of the investigation into the killings was white supremacist leader Matthew Hale. He is now serving a 40-year sentence for soliciting Lefkow's murder after she ruled against him in a trademark dispute.

More recently, a New Jersey blogger was charged with threatening to assault or murder Lefkow and two other Chicago-based federal judges who refused to overturn handgun bans. According to a federal complaint, Harold "Hal" Turner's blog entry referenced the Lefkow slayings.

"Apparently, the 7th U.S. Circuit court didn't get the hint after those killings. It appears another lesson is needed," Turner wrote, according to prosecutors.

Judge in Gunfire Case Is an
Unlikely Vendetta Target, Friends Say

By Alan Feuer
The New York Times
August 15, 2008

It is, in its way, a classic trajectory: An eager young prosecutor who once fought in the city’s violent drug wars is promoted and serves as a judge.

Fernando M. Camacho’s career is just that: vintage New York law-enforcement stuff. He started as a young assistant in the office of Robert M. Morgenthau, the Manhattan district attorney, and was soon knee-deep in drug crews: gangs with names like the Jheri Curls, the Wild Cowboys, the Young Talented Children. His success in the courtroom led to his Fernando Fernando M. Camacho                appointment to the bench, and ever since, he has climbed the legal ladder, passing through the criminal courts of two boroughs and ending up an as acting State Supreme Court justice at the behemoth county courthouse in Queens.

But any air of the typical or traditional was swept aside on Tuesday when an unknown gunman pumped four bullets into Justice Camacho’s home in Queens. One slug landed in his kitchen, another lodged in a bedroom wall. No one was home at the time. His friends and colleagues said it was unthinkable that such a man as this — fair, smart, even-tempered — should be the victim of an attack.

"The overview of Camacho," said Daniel J. Ollen, a private-practice lawyer who worked with him at the district attorney’s office, "is he’s salt of the earth, a great guy, beloved by both sides. He’s got to be the fairest judge in Queens — by far, by a mile. So when I heard it was him I was stunned."

For the moment, investigators are working on a theory that the attack resulted from a dispute between neighbors, a law enforcement official said, and that the judge’s house in Oakland Gardens may, in fact, have been shot by mistake. They added that the judge, when asked to name anyone from his past who might wish him harm, mentioned a drug dealer he sent to prison nearly 15 years ago, but that man is not a suspect in the case.

Justice Camacho declined requests for an interview. But a telling story of his fierceness on the job appears in Michael Stone’s "Gangbusters," a true-crime book on how the Homicide Investigation Unit of the district attorney’s office took down the Jheri Curls (known for their shaved temples and slick curled hair on top) and other gangs in a series of high-profile prosecutions in the early 1990s. Mr. Stone quotes Walter Arsenault, then the chief of the unit, reminiscing on his former colleague’s profound desire to clean the scourge of crack cocaine from Washington Heights.

"Camacho had this idea of taking back the Heights block by block," Mr. Arsenault said, according to the book, "just marching up Audubon and Broadway and taking down every gang along the way. The precinct detectives all said he was crazy, that there were too many crews, that they weren’t organized in a way that you could take them down together. But privately I agreed with him. We were sending a message: If you killed people in Manhattan, we were coming after you, and we were the biggest, toughest gang around."

The homicide unit was at that time focused on the city’s war on drugs, a team of seasoned prosecutors with a mandate to attack crack gangs at the moment of their bloodiest violence. Originally formed as a cold-case murder squad, the unit’s mission switched somewhat, said Ellen Corcella, a former member, and began to develop drug cases to obtain leverage against gangsters and eventually win their help in solving murders.

Justice Camacho, a Spanish speaker, had particular expertise in Dominican gangs, said Ms. Corcella, now in private practice in Indiana. "I always thought that Fernando was terrific," she added. "He had a very good head on his shoulders and was a quick learner."

After studying law at Fordham University, and spending three years at the Wall Street law firm Balsam Felber & Goldfield and more than a decade at the district attorney’s office, where he met his wife, Andrea, Justice Camacho was appointed to the bench in 1997 by Mayor Rudolph W. Giuliani. He spent four years in Brooklyn Criminal Court, then moved on to a similar post in Queens. He has served as a presiding judge of the Domestic Violence Court in Queens and as a deputy supervising judge of the Queens Criminal Court. In May, the State Senate confirmed his nomination to the State Court of Claims, which is the forum for civil litigation seeking damages against the State of New York.

Mark I. Cohen, a lawyer who met Justice Camacho in the early 1990s, said the judge never fell prey to prosecutorial zealotry and was "not a guy with single-minded blinders on, over the top, trying to send someone away for 20 years."

"The way to describe him is, he’s completely even-tempered and completely decent," Mr. Cohen said. "He’s what you’d call a true public — and I underline ‘public’— servant."

Al Baker contributed reporting.

Threats Against Judges Increase

Martha Bellisle
Reno Gazette-journal
February 13, 2008

Death threats against the region's judges and judicial officers recently jumped dramatically, prompting Washoe District Court and sheriff's officials to work on a new protocol to respond to any potential attacks, Chief Judge Connie Steinheimer said Tuesday.

"We're seeing an increase in threats against all judges," Steinheimer said. "Since the first of the year, there have been six threats against six separate judicial officers -- some were multiple contacts or attempted contacts."

Steinheimer would not reveal which judges had received the threats.

Judge Janet Berry said the threats are unnerving.

"We're just doing our job," Berry said. "We have no clue that somebody's psychotic with rage and wants us dead."

Some threats were written, others came over the telephone, through third parties or during conversations with law enforcement agencies, Steinheimer said.

"There were many different sources, a mixed group of threats," she said.

The increase is happening all across the country, not just in Washoe County, she added.

Steinheimer and Sheriff Mike Haley are developing a "global response" plan that all people and agencies will use when a threat comes in, she said.

"That way, if a threat comes in to the Sparks Police Department at 10 o'clock on a Saturday night, everyone will know how to deal with it," Steinheimer said.

The June 2006 sniper-style shooting of Family Court Judge Chuck Weller by Darren Mack, drew national attention to the vulnerability of judicial officers and courthouses across the country. In response, local courthouses implemented a number of safety measures to ensure a safe environment.

During Mack's sentencing hearing last week, Weller said he had received a number of threats, including one just after Christmas, and five other judges have had similar experiences.

Steinheimer said the threats included judges, court masters and the probate commissioner.

"Sometimes, people think that because of what happened to Judge Weller, and because the family court can be so volatile, that it's a family court problem," Steinheimer said. "It isn't. It's in all courts. They come after anyone they see as a part of the institution of the rule of law."

And it's not just in Washoe County, Berry said.

At the end of January, law enforcement in Las Vegas thwarted a plan by a Clark County inmate who offered to pay a fellow inmate $30,000 to kill District Judge Michelle Leavitt, Deputy District Attorney Sandra DiGiacomo and the detective on his case.

An informant at the Clark County jail helped disclose

42-year-old Daimon Hoyt's alleged plan. Hoyt was being held on burglary charges.

Reader Comment Thu Feb 14, 2008 8:18 am

It seems very unfair to me to be bashing the judges that administer the laws as written by the legislators. If the laws are unfair contact Carson City, don't hate the judges for doing their jobs! rule of law(yers) , not of men Thu Feb 14, 2008 7:08 am It is shortsighted to work on action plans in case of attack rather than addressing why there is so much anger at the judiciary. Our pompous and all powerful judges refuse to admit there could be problems with their "good ol boy' system. They consider themselves infallable. They resist every attempt at accountability. We urge the judiciary to look at itself and it's relationship with the community instead of wasting tax payer dollars on a "global response plan". Citizens need to read the biannual bar survey rating the judges and get rid of the 'bums'.
The irony is not lost when noting that the judge (Steinheimer) leading this plan consistently scores very low on the survey year after year. rule of law(yers) , not of men

Thu Feb 14, 2008 7:07 am It is shortsighted to work on action plans in case of attack rather than addressing why there is so much anger at the judiciary. Our pompous and all powerful judges refuse to admit there could be problems with their "good ol boy' system. They consider themselves infallable. They resist every attempt at accountability. We urge the judiciary to look at itself and it's relationship with the community instead of wasting tax payer dollars on a "global response plan". Citizens need to read the biannual bar survey rating the judges and get rid of the 'bums'.


The irony is not lost when noting that the judge (Steinheimer) leading this plan consistently scores very low on the survey year after year. Reader Comment Wed Feb 13, 2008 10:00 pm RBaylor, one of the many tragedies of the aftermath of inadequate practice of law is the fact that it's virtually impossible to empathize with everyday people destroyed by legal abuse. Angst doesn't really describe the personal ruin that occurs after the bad practice of law, especially in times of great challenge to the fundamental constitutional guarantees enumerated in the Bill of Rights and codified into the usual just and sound expectations for legal practice.

When that practice fails, however, and when those rights are voided, horrific harm results. Web-search "legal abuse syndrome" for starters.

The assertion that courts are adversarial by nature is therefore, respectfully, as much a legal system smokescreen as it is a meaningful generalization -- many have heard the "natural adversity" canard for years.

Likewise, the assertion that judges are inherently just and well-meaning fails the test of reasonableness on its face when we apply it -- as we must to be responsible, self-governed voters and citizens -- to great power operating in a quasi-fiat environments historically challenged by some rather significant and visible problems.

Perhaps we remember the LA Times series. Perhaps we'll pay attention to those judicial ratings. Perhaps we'll monitor the questions being put to the NV legal system these days in the NV Supreme Court building per these very issues. Perhaps we'll regard that the existence of enormous outcry for legal reform probably isn't for no reason.

It's not rational to confuse that clear evidence with mere emotional disappointment in any given set of rulings. And it's incomplete to suggest that mere "rule of law" justifies the system when consistent, fair, honest, and competent rule of law is what must be demanded OF power, and should not be assumed to automatically flow FROM power. It is precisely because we are a nation of rule of law and not a nation of rule of the instruments OF law -- of men -- that we must be ever vigilant.

Of course we must REGARD the rule of law. But when it indeed is imperfect and unfair, we must correct it. We must be respected BY our public servants -- our judges, police officers, and prosecutors -- because if they don't respect the rule of law, then our society and way of life will fall into peril. As you say, just look at some other countries around the world.

Bashing the legal system isn't entirely the problem and it's perhaps not even the majority of the problem. The shadow cast, as thousands with first-hand experience know intimately, is often cast by the system itself.

Law is practiced. Law is not perfect. And frequently, as is being pointed out in conversations like this one now occurring 24/7, the law is precisely the ass it is frequently said to be.

It goes without saying that we do ourselves no favors being blind to abuses of power. Judicial Evaluations Wed Feb 13, 2008 7:39 pm Do you want to see who the incompetent judges are in Washoe County? The County Bar Association conducts a survey of all its members in even-numbered years, and the the 2006 survey results can be seen here: http://www.wcbar.org/documents/CorrectedWebJudSurvey2006_000.pdf

Note that these are the results of a rather involved questionnaire answered by 278 Washoe County lawyers. Who better to tell us all which judges are actually doing their job professionally and fairly than the practitioners who appear before them on a regular basis? Granted, there may be some skewing of the answers by attorneys who did not get the result they sought, but it is a lot less likely than if you were to ask the same questions of the litigants who were subject of the decisions rendered by the judges. In the latter case, 50% would like the jurist and 50% would hate him/her. An attorney who loses a case does not always blame it on the judge -- at least not nearly as often as a party who cannot see his or her situation objectively and always truly believes their case is the clear winner.

We have certain judges in Washoe County who have consistently ranked with a 50% or lower rating of "should this judge be retained?" Those are the ones who really should be voted off the bench, but probably will not, since few voters pay attention to thsese survey results, and vote on name recognition

US Marshals Not Doing Enough to Protect Federal Judges

By Hope Yen
The Associated Press
New York Lawyer
October 4, 2007

Threats of harm to federal judges that aren't reviewed for days. Investigations into suspicious behavior at courthouses that are sloppily done. Lack of money to identify and prevent acts of violence in and outside work.

Three years after it was warned by the Justice Department's inspector general to improve security, the U.S. Marshals Service is languishing in its efforts to protect the nation's 2,200 federal judges, according to a new report. That is putting federal judges in danger even as threats against them have almost doubled in the past five years.

"The USMS must exhibit a greater sense of urgency in improving its capability to assess reported threats against the judiciary, creating and sharing protective intelligence on potential threats, and completing the implementation of enhanced security measures," states the 112-page study released Wednesday by Justice IG Glenn Fine.

Fine's latest review raises questions of proper use of resources in safeguarding judges, an issue that probably will be examined at the Senate confirmation hearings of Attorney General-designate Michael Mukasey.

As a federal judge in the 1990s, Mukasey was given bodyguards at a cost of at least $28 million, even as department officials argued about how much of a threat he really faced.

The report credits the U.S. Marshals for some improvements following a spike in acts of violence and reports of threats in 2005 and 2006. Among the improvements were installation of alarms at judges' homes. Most judges were described in the report as somewhat satisfied with that added level of protection.

But investigators found that as recently as October 2006, the U.S. Marshals' overall security efforts had diminished, with a backlog of 1,190 cases of reported threats to review. About two-thirds of the cases reviewed in 2005 and 2006 were not assessed within three days to seven days of a reported threat.

Even when threats were reviewed, the cases were not examined fully enough, leaving judges at risk, investigators said. A special office created by the agency in 2004 to identify potential threats against judges, federal prosecutors and court staff has floundered because staff and other resources were diverted to investigate reported threats.

"Given the importance of the issue of judicial protection, and the threats to federal judges in the past, we believe that the Marshals Service should move quickly to implement its plans to improve the protection of the federal judiciary," Fine said.

The Marshals Service said in a statement Wednesday it appreciated the report and noted there was "no greater sense of urgency in our agency than ensuring the security of the judiciary." The agency said it would take additional steps to improve protection and seek more money for security.

The report listed Nevada as having 227 threats to federal judges and other court officials, more than any other federal judicial district.

In interviews, Nevada court officials blamed the high numbers on an increase in telephone, e-mail and Internet Web blog threats during a series of tax protester trials in Las Vegas in 2005 and 2006. Ordinarily, judges and other court officials average fewer than 40 threats per year, they said.

Judicial security received national attention in early 2005 after an unemployed electrician broke into the home of U.S. District Judge Joan Lefkow in Chicago and fatally shot her husband and mother.

In the aftermath of the Lefkow deaths, judges criticized the Marshals Service -- then led by Benigno Reyna -- as insufficiently responsive to their security. An inspector general's report a year earlier had highlighted shortcomings in how marshals assess threats. Reyna resigned in July 2005.

In a 2006 survey conducted by the inspector general and released Wednesday, about 87 percent of the 2,141 judges who responded said they were now either very satisfied or somewhat satisfied with the Marshals' performance. About two-thirds of the judges overall acknowledged receiving a threat at least once during their career.

According to the survey, many judges cited a greater need for marshals to improve intelligence collection and identify potential threats. They explained that unknown general dangers associated with their job -- particularly among those who hear gang, terrorism and organized crime cases -- were greater than specific threats reported against them.

In the case of Mukasey, The Associated Press reported last month that the attorney general nominee had been assigned a security team of deputy marshals while he presided as a federal judge over a high-profile terror trial in the early 1990s in Manhattan. He kept the protections, code-named "Eagle Detail," until 2005 -- nine years after the trial ended -- at a cost of about $10,000 a day.

The detail was withdrawn shortly after deputy marshals protecting Mukasey and U.S. District Judge Kevin T. Duffy filed a grievance accusing the two jurists and their wives of assigning them valet-like chores. The Marshals Service assigns security details to about 250 judges and other court officers annually.

The agency has said most of the money was used to pay salaries and benefits for Mukasey's security detail and would have been spent whether they were assigned to protect the judge or someone else. The cost of protecting at least one other judge in the same Manhattan courthouse fell far short of what the government spent to protect Mukasey, according to an AP review of financial records.

More Judges Packing Pistols in Courtrooms
Despite More Security,
States Pass Laws Allowing Jurists to Arm Themselves

Amanda Bronstad
The National Law Journal
December 7, 2006

Despite increased security at courthouses following shootings in Chicago and Atlanta about one year ago, many judges are bringing their own guns into their courtrooms for protection.

Earlier this month, a Florida judge was ordered to accept mentoring after warning a defense attorney that he was "locked and loaded." In May, a judicial ethics committee of the New York State Unified Court System found that it was ethical for a judge to carry a pistol into his courtroom.

In Nevada, Oklahoma and Texas, incidences of violence in the past year have prompted new laws or solidified rules allowing judges to bring guns into courtrooms.

"Judges in our courthouse have been carrying guns almost all the time," said Cynthia Stevens Kent, a Texas judge in the 114th District Court, where a man in a family law case killed his ex-wife and son last year on the steps of a Tyler courthouse.

"We feel strongly about providing adequate security, but it comes down to personal responsibility. And you've got to take responsibility for your own safety," Kent said.

Security concerns were raised last year after a rape suspect grabbed a deputy's gun and killed an Atlanta judge and others. One month earlier, a litigant had killed the husband and mother of a Chicago federal judge who ruled against him.

Covering the Doorway

Some states allow judges to arm themselves.

In June, a man shot the Nevada judge overseeing his divorce case through the window of his courtroom. Chuck Weller, a judge in the Nevada 2nd Judicial District Court in Reno, who survived the incident, said that judges in Nevada are allowed to carry weapons into the courtroom if they obtain permission from the chief judge.

He declined to say whether he keeps a gun in his courtroom, but noted, "I'm not opposed to it at all. The culture in the community I live accepts firearms."

The shooting prompted U.S. Senator Harry Reid, D-Nev., to introduce legislation to enhance security at both state and federal courthouses.

In another recent incident, Oklahoma District Judge P. Thomas Thornbrugh said he grabbed his gun from his chambers after he heard a loud slam against the wall and shouts for help. He said he knew deputies were taking a prisoner to a nearby bathroom.

"I thought the deputies were being overcome by this prisoner, and their service weapons would be taken," said Thornbrugh, recalling the Atlanta incident. "There were no other deputies around, so I got a pistol out of my desk and covered the doorway until the other deputies arrived."

The scuffle prompted the Oklahoma House of Representatives to pass a bill in March that would allow district judges to have guns in the courthouse. Current law is unclear.

The bill died before reaching the state Senate, but state Rep. Dan Sullivan, R-Tulsa, who introduced the bill, said he plans to try again next year.

In Texas, which permits state judges to carry concealed handguns into courtrooms, a new law became effective that expands that right to include federal judges and district attorneys. The law followed the Tyler shooting.

"We believe each judge should be able to make sure he has a system of self-defense," said Kent, who wears a shoulder harness and carries a gun at all times. "One of our biggest areas of target is when we're in the court making decisions."

Fighting Gun Bans

In May, New York's Advisory Committee on Judicial Ethics issued an opinion that found it ethical for a judge to carry a pistol while on the bench.

In Florida, where Bay County Judge Michael Hauversburk recently threatened a defense attorney with his handgun, state law permits concealed weapons. But a bill that died last year would have specifically allowed judges to bring concealed firearms into courtrooms. Similar bills were introduced and failed last year in North Carolina and Illinois.

On Jan. 1, Kansas plans to permit judges and whomever they designate to carry concealed firearms in the courtroom. Phillip Journey, the state senator who authored the bill and a practicing attorney, said he spent a decade seeking to overturn a blanket prohibition on firearms in the courthouse.

"If I had a judge's permission, I'd do it every day," he said of bringing a gun into the courtroom. "Guns are like lawyers: Better to have one and not need it than need one and not have it."

Government Acts on Rising Threats Against Judges

By Mary Alice Robbins
Texas Lawyer
New York Lawyer
August 23, 2006

With threats against federal judges and other court employees on the rise, Congress is focusing on how to provide better protection for the judiciary.

U.S. Sen. John Cornyn, R-Texas, has filed a bill that would toughen mandatory minimum penalties for violent crimes against federal judges or law enforcement officers. Filed on Aug. 4, the Court and Law Enforcement Protection Act of 2006 — S. 3835 — also includes a provision to impose mandatory penalties for violent acts carried out against a family member of a federal judge or law enforcement officer with the intent to retaliate against the judge or officer for any act related to his or her performance of official duties.

To provide the federal judiciary more security on the home front, the U.S. Marshals Service is overseeing the installation of security systems in the homes of judges who want to participate in the federally-funded program. The Marshals Service is the federal agency responsible for protecting federal judges.

David Turner, a spokesman for the Marshals Service, says Congress appropriated about $5 million to the Marshals Service last year through the 2005 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror and Tsunami Relief to pay for alarm systems designed to detect home intrusions.

"This is the largest residential alarm system in the country," Turner says.

The Marshals Service had asked Congress to allocate funding to provide home security systems for the federal judiciary after an intruder broke into the Chicago home of U.S. District Judge Joan Lefkow of the Northern District of Illinois and murdered the judge's husband and mother on March 1, 2005.

The murders of Lefkow's family members came during a record-setting year for threats against those in the federal courts system.

Dave Sacks, another Marshals Service spokesman, says federal marshals investigated 943 threats and inappropriate communications against federal judges and other court employees during the last fiscal year, which ended Sept. 30, 2005. Figures provided by Sacks show the number of threats and inappropriate communications increased almost every year since fiscal year 2001, when the Marshals Service investigated 640 such incidents.

The current fiscal year could break last year's record. By July, the Marshals Service had 822 reports of threats and inappropriate communications, Sacks says.

"Not all of these threaten the lives of judges," Sacks says, adding that some communications may be very minor.

While a threat typically includes a reference to harm, a weapon or a violent act, Sacks says that an inappropriate communication can be "anything that oversteps the bounds of professional decorum to a judicial official."

Cornyn, a former justice on the Texas Supreme Court and Texas' former attorney general, says in a statement that his bill takes steps toward providing additional protections for judges and law enforcement officials.

"We must do all that we can to provide adequate security to these dedicated men and women who are too often targeted for violence or harassment simply because of the position they hold," Cornyn says.

According to an analysis provided by Cornyn's Senate office, the bill would set a minimum prison term of 30 years to life for the murder, attempted murder, conspiracy to murder or kidnapping of a federal judge or federal law enforcement officer. Under the bill, the death penalty could be imposed when death results from the offense. The bill would set the same penalties for a retaliatory offense against a family member of a federal judge or federal law enforcement officer.

David Sellers, spokesman for the Administrative Office of the U.S. Courts, says the Judicial Conference of the U.S. Courts hasn't had an opportunity to review Cornyn's bill.

But Sellers says, "Events of the past year vividly portray the importance of protecting federal judges and courthouses, and we appreciate the congressional attention this need has received."

U.S. District Judge Rob Junell of Midland says he applauds Cornyn for filing the bill. "I'm for anything that would prevent injury or death not only to ordinary citizens but to people in high-profile positions, such as judges," Junell says.

Action on the bill isn't likely to come for some time. Congress is in recess and will not return to work until Sept. 3.

Meanwhile, the Marshals Service is continuing with the installation of security systems in federal judges' homes. Mike Brumbaugh, the Marshals Service's program manager for residential systems, says 72 percent — about 1,600 — of the approximately 2,200 federal judges have expressed an interest in participating in the program. Citing security concerns, Brumbaugh declines to say how many federal judges in Texas have indicated they want to participate in the program.

"But Texas is on track with the rest of the country," Turner says. "We expect that by Sept. 1 we are going to see in Texas the same success that we're going to experience in Rhode Island or Indiana or anywhere else."

Brumbaugh says the Marshals Service plans to complete installation of the home security systems by Sept. 30.

New Program

The judges who signed up for the federally funded home security systems or monitoring for their existing systems could be taxed for that service, however.

The Marshals Service asked the U.S. Department of Justice Tax Division to determine whether the judges will have to pay taxes for that benefit.

U.S. District Judge A. Joe Fish of Dallas, chief judge of the Northern District of Texas, says he won't be surprised if the DOJ determines that the home security service is taxable.

"It's kind of an in-kind service," Fish says.

U.S. District Judge Richard Schell of Sherman says he had a contract with a home security company but decided to switch to the federal government's contractor, ADT Security Services.

"I would not be a happy camper if it were [taxable]," Schell says of the service.

Tax attorney William R. "Bill" McIlhany, a partner in Jackson Walker in Austin, says that providing a home security system to a judge is, in a sense, like giving the judge a raise. A judge who has been paying out of his own pocket to provide a security system for his home now can get a system paid for by the federal government. The general rule for what is taxable income is the "accession to wealth not excluded by law," McIlhany says.

McIlhany says that unless Congress excludes the security systems — and he is not aware of any exception for the systems — the judges probably will have to pay taxes on them. "I think it will take some kind of congressional carve-out to recognize that this is not taxable," he says.

U.S. District Judge Thad Heartfield of Beaumont, chief judge of the Eastern District, isn't too concerned about the possibility that he'll be taxed for the home security service.

"My feeling about that is if we're taxed, that's just how it is," Heartfield says. But he adds, "It's kind of like being taxed for having a marshal standing next to you."

However, Heartfield says that having a home security system makes him feel more secure. "I see that red light [and] it almost puts me to sleep," he says.

Heartfield says he worries about prisoners who are unhappy because federal sentencing guidelines require them to spend long years in prison. "They've got nothing to lose," he says.

But three judges interviewed by Texas Lawyer say they did not sign up for the federally funded program.

"I already have a security system at my home," says U.S. District Judge Vanessa Gilmore of Houston.

Gilmore says she had a security system installed in her home in the mid-1980s after someone broke in when she was in the house. Although the intruder did not try to harm her, Gilmore says, police questioned why she did not have an alarm system.

"I put a security system in my house; I've had one ever since," she says.

While she did not sign up for the new program being provided to the federal judiciary, Gilmore says that ADT reviewed her system and recommended ways to update it. "Things had gotten obsolete on my system," Gilmore says.

Fish says he's not participating in the ADT-monitored system because he recently signed a three-year contract with another home security company. "I'll just watch to see how the federal program goes," he says.

U.S. District Judge David Folsom of Texarkana says he hasn't taken advantage of the federally funded program.

"I have a wonderful outside dog and a wonderful inside dog," Folsom says. "I think the best security system is a good barking dog."

U.S. District Judge Sam Sparks of Austin says the Marshals Service and ADT conducted an inventory of his home security system and he decided to switch to ADT's monitoring service.

Sparks says most federal judges have home security surveillance because "we get threats all the time." U.S. marshals even provided security when he and his wife married in 1995 because he had received a threat, Sparks says.

Notes Sparks, "The marshals spent the night with us."

                   Threats Up Against Federal Judges

By Donna Leinwand,
USA Today
July 27, 2006

The number of threats in fiscal year 2005 increased 63% from 2003. Marshals investigated 953 threats and inappropriate communications in 2005. Threats this fiscal year, which began Oct. 1, are outpacing last year: Marshals have investigated 822 incidents.

Security at federal courthouses has been boosted in recent  "It seems like every few months
years as threats against federal judges and court employees
there's some type of major threat
 continue to climb                                                                 
to a judge," says U.S. Marshals Service Director John Clark. "It's very clear to me that we need to continue to be vigilant."

The Marshals Service, charged with protecting federal judges, prosecutors, jurors and other court employees, has tripled its number of threat investigators and analysts from eight to 25 to respond to the threats, says Donald Horton, chief inspector for the marshals' Office of Protective Intelligence.

A 24-hour threat analysis and intelligence center with new technology becomes fully operational in October, Clark says. "We're striving for faster, real-time analysis," he says.

"All threats can be evaluated within a 24-hour period if not instantly," Horton says.

He attributes the increase in threats to more litigation, more aggressive communication from people with complaints against judges, easier access to judges' information and improved reporting of threats.

Recent high-profile shootings have drawn national attention to judicial security and underscored weaknesses in judicial protection. In February 2005, a man with a history of threatening letters and angry court filings broke into U.S. District Judge Joan Lefkow's house in Chicago and killed her husband and mother. The man killed himself nine days later during a traffic stop in Wisconsin.

A year before the killings, a U.S. Justice Department inspector general's report criticized the marshals' threat assessment process as "untimely and of questionable validity."

The inspector general found that the marshals failed to meet their own time standards in more than 73% of the threat assessment cases.Congress responded to the Lefkow murders by approving nearly $12 million to install security systems at judges' homes.

Congress also is considering other security proposals, including tougher criminal penalties for people convicted of threatening judges.

State judges, who are not under the marshals' protection, also are vulnerable. In June, Washoe, Nev., family court Judge Chuck Weller was shot in court chambers.

Supreme Court Justice Reveals Death Threats

By Gina Holland
Associated Press
March 16, 2006

WASHINGTON - Supreme Court Justice Ruth Bader Ginsburg said she and former Justice Sandra Day O'Connor have been the targets of death threats from the "irrational fringe" of society, people apparently spurred by Republican criticism of the high court.

Ginsburg revealed in a speech in South Africa last month that she and O'Connor were threatened a year ago by someone who called on the Internet for the immediate "patriotic" killing of the justices.

Security concerns among judges have been growing.

Conservative commentator Ann Coulter joked earlier this year that Justice John Paul Stevens should be poisoned. Over the past few months O'Connor has complained that criticism, mainly by Republicans, has threatened judicial independence to deal with difficult issues like gay marriage.

Worry is not limited to the Supreme Court. Three quarters of the nation's 2,200 federal judges have asked for government-paid home security systems, Attorney General Alberto Gonzales said this week.

Ginsburg said the Web threat was apparently prompted by legislation in Congress, filed by Republicans, that would bar judges from relying on foreign laws or court decisions.

"It is disquieting that they have attracted sizable support. And one not-so-small concern - they fuel the irrational fringe," she said in a speech posted online by the court earlier this month and first reported Wednesday by LegalTimes.com.

According to Ginsburg, someone in a Web site chat room wrote: "Okay commandoes, here is your first patriotic assignment ... an easy one. Supreme Court Justices Ginsburg and O'Connor have publicly stated that they use (foreign) laws and rulings to decide how to rule on American cases. This is a huge threat to our Republic and Constitutional freedom. ... If you are what you say you are, and NOT armchair patriots, then those two justices will not live another week."

Rep. Tom Feeney, R-Fla., a sponsor of one of the congressional proposals, wrote about the legislation on his Web site and in bold letters featured a quote from O'Connor predicting the Supreme Court would probably increasingly rely on foreign courts.

Ginsburg pointed out that the legislation was first proposed in 2004, an election year.

Justices, in some of their most hotly contested rulings, have looked overseas. Last year, for example, justices barred the executions of juvenile killers on a 5-4 vote. Justice Anthony M. Kennedy said then that "it is proper that we acknowledge the overwhelming weight of international opinion against the juvenile death penalty."

In an angry dissent to that decision, Justice Antonin Scalia said capital punishment policy should be set by states, not "the subjective views of five members of this court and like-minded foreigners."

Ginsburg said, "Critics in Congress and in the media misperceive how and why U.S. courts refer to foreign and international court decisions." She said those decisions are used for guidance only.

O'Connor said last week during a speech at Georgetown Law School that the justices have received threats. But the Ginsburg remarks at the Constitutional Court of South Africa provide unusual detail.

Jittery Judges Get 12m for Security

Associated Press
March 15, 2006

WASHINGTON - Three-quarters of the nation's 2,200 federal judges asked for government-paid home security systems after the murders of the husband and mother of a federal judge in Chicago, Attorney General Alberto Gonzales said yesterday.

Congress approved $12 million for home security after an unemployed electrician broke into the home of U.S. District Judge Joan Lefkow last year and shot her husband and mother to death.

Gonzales, speaking to lawmakers on Capitol Hill, said 1,600 to 1,700 active and semiretired judges and magistrates expressed interest in the systems.

Meanwhile, the judges called yesterday for better training for judicial security officers and screening of inmate mail.

The Judicial Conference of the United States, the policymaking board for federal courts, met for the first time under its new leader, Chief Justice John Roberts.

The judges also approved measures authorizing security equipment and staff for federal probation offices and pretrial services offices.

"The judges, after the disasters of last year and the terrorism problems we have today, are seriously concerned about security," U.S. District Judge Thomas F. Hogan told reporters.

Judge Returns to Bench After Murders of Husband, Mother

By The Associated Press
July 13, 2005

CHICAGO -- A federal judge has made a low-key return to the bench, just months after the murders of her husband and mother by a disgruntled litigant.

U.S. District Judge Joan Humphrey Lefkow had vowed she would continue working despite the Feb. 28 shootings at her Chicago home, committed by a man upset with her decision to dismiss his medical malpractice lawsuit. Bart Ross, an unemployed Chicago electrician, confessed to the murders in a suicide note.

Lefkow appeared relaxed in court where she presided over several routine civil cases Tuesday. She plans to work on a limited basis over the next several months before returning full time in the fall, said U.S. District Chief Judge Charles Kocoras.

A notice posted on the door of her courtroom thanked people for their sympathy and asked them to refrain from mentioning the deaths during court proceedings.

"She didn't want a lot of fanfare," said Michael Dooley, Lefkow's deputy. "She appreciates everyone's concern, but in the courtroom she wants to stick to business."

In May, Lefkow testified at a congressional hearing about judicial security, asking lawmakers to "publicly and persistently repudiate gratuitous attacks on the judiciary." She also called on Congress to increase funding for the U.S. Marshals Service and to consider legislation to ban putting personal information about judges and other government officials on the Internet without their permission.

Lefkow has been under 24-hour protection from the Marshals Service since the slayings. Three marshals stood by the courtroom entrances Tuesday.

Lefkow discovered the bodies of her husband and mother in the basement of the couple's home. Suspicion immediately turned to a white supremacist who had been convicted of soliciting Lefkow's murder, but police found Ross' note soon after he shot himself to death in Wisconsin in early March.

Senate Urged to Condemn Jurist Disrespect
Panel Hears From Chicago Judge Whose Family Was Slain

By Jesse J. Holland
Associated Press
May 18, 2005

WASHINGTON (May 18) - A federal judge whose family was murdered asked the Senate on Wednesday to condemn harsh remarks about the judiciary by commentators such as evangelist Pat Robertson and members of Congress, saying their words could spark more violence.

Judge Joan Lefkow appears before a          ''Fostering disrespect for judges can only
Senate panel on Wednesday.                    
 encourage those that are on the edge, or
on the fringe, to exact revenge on a judge who displeases them,'' U.S. District Judge Joan Humphrey Lefkow told the Senate Judiciary Committee.

Her husband and mother were slain in the couple's Chicago home in February. Bart Ross, a 57-year-old unemployed electrician from Chicago, committed suicide in suburban Milwaukee in March after leaving a note confessing to the murders. He had been angered when Lefkow dismissed a malpractice suit he had filed, authorities said.

The judge also was the target of a murder plot by white supremacist Matthew Hale. A federal jury convicted Hale in April 2004 of soliciting her murder, and he was sentenced last month to 40 years in prison. She was never attacked.

Congress should ''publicly and persistently repudiate gratuitous attacks on the judiciary'' that have occurred in the days since after the Terri Schiavo case, Lefkow told the hearing on courthouse security.

After the death of Schiavo, a brain-damaged Florida woman whose parents unsuccessfully sought to have her feeding tube reinserted despite her husband's wishes, some Republican members of Congress lashed out at judges involved in the case.

At the time, Sen. Rick Santorum of Pennsylvania said, ''The actions on the part of the Florida court and the U.S. Supreme Court are unconscionable.''

''This loss happened because our legal system did not protect the people who need protection most, and that will change,'' House Majority Leader Tom DeLay said. ''The time will come for the men responsible for this to answer for their behavior.''

Referring to a different decision, Sen. John Cornyn of Texas said he wondered whether frustration against perceived political decisions by judges ''builds up and builds up to the point where some people engage in violence, certainly without any justification.''

Robertson, founder of the Christian Coalition and head of the Christian Broadcasting Network, appeared on ABC's ''This Week'' earlier this month and criticized the federal courts. ''Over 100 years, I think the gradual erosion of the consensus that's held our country together is probably more serious than a few bearded terrorists who fly into buildings,'' he said.

Lefkow said that kind of ''harsh rhetoric is truly dangerous.''

''I have never encountered a judge in the federal judiciary who can remotely be described as posing a threat, as Mr. Robertson said, 'probably more serious than a few bearded terrorists who fly into buildings,''' she said.

Lefkow called on Congress to increase funding for the U.S. Marshals Service, which protects judges. She also wants legislation to ban putting personal information about judges and other government officials on the Internet without their permission.

Judiciary Committee Chairman Arlen Specter, R-Pa., focused on the importance of judges being willing to request protection when needed. He asked Lefkow why she didn't request protection after the white supremacist group threatened her life several years ago.

Lefkow said she lacked the expertise to properly assess the threat and that, to her knowledge, no system was in place to properly assess and protect her safety.

Congress should make sure that money that has been allocated for home security systems for federal judges gets to them as fast as possible, she said.

Congress has approved $12 million to install home security systems for the 2,200 active and semiretired judges and magistrates in the federal court system.

''As recently as last Friday, which was May 13, I was spotted and harassed in a restaurant in downtown Chicago,'' Lefkow said. ''Had that harasser come back rather than left a nasty sign and had a gun, then obviously I wouldn't be here today.''

               Courts Seek More Protections for Judges

By Jesse J. Holland
By The Associated Press
New York Lawyer
April 7, 2005

WASHINGTON -- Worried after recent attacks, federal judges on Wednesday urged Congress to provide more protection, including $12 million for security systems in most of their homes.

"Unfortunately, at the present time federal judges across the country are feeling particularly vulnerable, not only for themselves, but also for their families," said a letter from the Judicial Conference of the United States, the court's policy-making board led by Chief Justice William Rehnquist.

The request follows the murder in February of a federal judge's family in Chicago, the courtroom shooting deaths in Atlanta in March and emotional comments from some critics after judges refused to order the reinsertion of Terri Schiavo's feeding tube.

Democrats said Congress should approve the judges' request. "It's ironic that judges who are guardians of our rights are subject to violence, and we ought to do everything we can to protect them," said Sen. Charles Schumer, D-N.Y. "This is a reasonable request that I hope every senator will be for."

Republicans have been criticized for some of their statements about the federal courts after the Schiavo decision. "The time will come for the men responsible for this to answer for their behavior," said House Majority Leader Tom DeLay, R-Texas, raising the prospect of impeachment.

Sen. John Cornyn, R-Texas, said this week he wonders if frustration against perceived political decisions by judges "builds up and builds up to the point where some people engage in violence, certainly without any justification."

Cornyn later said his remarks had nothing to do with the Schiavo case or with what DeLay said. "There is no possible justification for courthouse violence," the senator said.

The judges' letter to President Bush and Congress, which sets the federal court's budget, was written by the conference's administrative director, Leonidas Ralph Mecham.

"Often, when a judge makes a decision in a case, even though it faithfully follows federal law, that judge is subject to harsh, sometimes vicious, criticism," Mecham said. "The Judicial Conference wants to ensure that this criticism does not result in physical harm to judges and their families."

Judges themselves now must pay for internal security at their homes, Judge Jane Roth of the Philadelphia-based 3rd U.S. Circuit Court of Appeals said last month. She heads the conference's committee on security and facilities.

It was not immediately known whether the government pays internal home security for the Supreme Court, which is not included in the conference's request.

There are more than 1,800 active and semiretired judges and magistrates in the federal court system, court officials said.

The judges, in their said, said they also want more money for the U.S. marshals, who provide their security; more marshals assigned to courtroom duty during criminal proceedings; and more people hired for the marshal's threat assessment office, which has three employees.

In the Chicago killings, an unemployed electrician committed suicide after breaking into U.S. District Judge Joan Lefkow's home and fatally shooting her husband and mother. A suicide note contained a hit list of seven federal judges and four state judges, newspaper reports say.

On Wednesday, white supremacist Matthew Hale was sentenced Wednesday to 40 years prison for soliciting an undercover FBI informant to kill Lefkow in retaliation for her ruling against him in a trademark dispute.

In Atlanta, a state judge, a court reporter, a sheriff's deputy and a federal agent were killed after an unshackled man being escorted to court for a rape trial allegedly stole a deputy's gun, opened fire and then fled.

Judges "believe that attacks such as these strike at the core of our system of government and steps should be taken as soon as possible to preclude them from happening again in the future," Mecham said.

Pro se Status

Kevin Jay Long, Medicolegal consultant
Chicago Tribune
Voice of the People Letter
March 20, 2005

Chicago -- I read with interest your article "Lefkow case puts security in spotlight" (Page 1, March 13).

What I found particularly disturbing was the importance that you gave to Bart Ross' pro se status.

Despite the stereotypes that some judges and most lawyers like to attach to those who represent themselves, being pro se is not a risk factor for dangerousness or mental instability.

Let's be clear:

Ross killed Judge Joan Lefkow's family members because he was angry, depressed and, most significant, no longer cared about right and wrong. Indeed his pro se status was irrelevant.

To hammer this point home, consider two hypotheticals. First, let's say counsel represented Ross; do you think anything would have been different? Clearly there is no reason to believe that Judge Lefkow's mother and husband would still be alive. Moreover having an attorney might have actually exacerbated Ross' frustration, anger and depression since judges usually do not allow represented litigants to speak unless, of course, they are providing sworn testimony.

Second, let's say that before Ross' legal history began we were somehow able to prevent people from representing themselves. Now, in this hypothetical, what would be different? Ross would still have become angry, depressed and eventually apathetic to our country's rules (e.g., anger alone never justifies bodily harm or property damage). In this hypothetical, however, Ross would not have met Judge Lefkow, and her family members would be alive today. But, given what we know of Ross' emotional state during the two weeks before his killings, he probably would have found another symbol of our justice system to lash out against simply because that system (in this hypothetical) precluded him from being heard.

One's pro se status offers absolutely nothing when assessing dangerousness or mental stability.

To read postings from AOL by the public click here



                  Let's Not Compound Lefkow Tragedy

Kendra Reinshagen, Executive director, Legal Aid Bureau of Metropolitan Family Services
Chicago Tribune
Voice of the People (Letter)
March 20, 2005

Chicago -- All attorneys have experienced the client who appears in their office with bags of documents and an obsessive focus on the wrongs that have been done to him. The client's belief that the legal system will right those wrongs is heartening. It reaffirms that Americans see the legal system as accessible to all and that justice will be served. This view, held by most of the world, is one of our country's greatest strengths.

Telling the client that the system cannot remedy his or her situation is the ethical thing to do, but it is always difficult. Rarely does that advice start someone on the tragic path followed by Bart Ross, who took his own life and confessed to killing Judge Joan Lefkow's husband and mother ("Police: DNA matches; Top cop says evidence, suicide notes solve Lefkow slayings; Letters describe killings, hit list," Page 1, March 11).

In the coming weeks there will be attempts to understand Ross' actions. Mental illness, overuse of pain medications, the stress of constant pain, economic pressures, the loss of his home or a combination of all of these may be to blame. Most of these factors are intensely personal and not very helpful in preventing a similar tragedy.

What we can address as responsible citizens are the attacks on our legal system, the legal profession and the judiciary that have become so fashionable.

Lawyer jokes abound, with messages that dehumanize and vilify the profession. In fact attorneys and law firms donate innumerable hours and thousands of dollars each year to ensure that low-income citizens have access to the justice system through pro bono representation or legal aid programs. More hours are devoted to bar association training and mentoring programs and to bar committees that promote ethical practices, an improved system of justice and legislation for the common good.

Blaming personal-injury attorneys for skyrocketing malpractice insurance rates has become increasingly popular. A recent Texas study concluded that, while insurance rates for doctors have increased dramatically since 1999, the average number of medical malpractice suits and award amounts has remained stable or even decreased. Unfortunately it is doubtful that such facts will deter the popular practice of blaming attorneys for this medical crisis.

Attacks on individual judges who make rulings based solidly in the law but unpopular with citizens who can't find support for a change in the law have become standard in recent years. Competent, experienced judges, with a high degree of integrity and judicial temperament are targeted by special-interest groups for impeachment, recall or election defeat if a legally sound

Chief Judge Calls for More Security

Chicago Sun Times
Natasha Korecki
March 17, 2005

Calling the Feb. 28 Lefkow family slayings an "assault on the law," Chicago's chief federal judge said Wednesday all judges now need to try to anticipate how litigants will react to their rulings.

In a State of the Courts address before the Federal Bar Association in Chicago, Chief Judge Charles Kocoras singled out those people who file their cases pro se, or without an attorney.

"It is no longer going to be enough to determine the correct legal answers to a myriad of disputes; it will often be necessary, especially with pro se litigants, to attempt to divine how they may receive our rulings," he said.

Kocoras' comments came after admitted gunman Bart Ross killed the husband and mother of U.S. District Judge Joan Lefkow in her North Side home after she ruled against Ross in his medical malpractice lawsuit. Ross killed himself near Milwaukee last week and left a suicide note confessing to the murders.

Kocoras called for increased security measures for judges, adding some jurors might feel unsafe deliberating certain cases.

Lefkow Killer Tracked in '99
Ross Sent `Odd Letters' to Attorney General

By Brendan McCarthy
Tribune staff reporter
Published March 14, 2005

The man linked to the killing of a federal judge's husband and mother was previously labeled a serious safety threat to the Illinois attorney general six years ago, three former state officials said.

The rambling and foreboding letters Bart Ross fired off to several state and federal officials prompted a pair of investigators from the state's attorney general's office to visit his Albany Park home in the winter of 1999, said Kerry Polizzi, a former investigator for the attorney general's office. The investigators created an extensive file on Ross, noting his paranoia, anger with the government and judiciary and predilection for violence in a report that included a Polaroid photo, Polizzi said.

"There was a file on this guy, and they had received threats from him before," Dan Curry, who in 1999 was the press secretary for then-Atty. Gen. James Ryan, said in reference to the executive security detail that guarded top officials. "He had threatened the attorney general and a bunch of other public officials." Curry could not recall which other public officials received direct threats.
Ross, an out-of-work Chicago electrician who had a long history of ranting against judges and lawyers, killed himself Wednesday in a van in West Allis, Wis., near Milwaukee, after he shot to death Michael Lefkow, 64, and Donna Humphrey, 89, last month.

Ross, a 57-year-old Polish immigrant, was afflicted with mouth cancer and had spent more than a decade trying to get monetary damages for what he said was medical malpractice in the Illinois and federal court systems. U.S. District Judge Joan H. Lefkow had dismissed Ross' case.

"It pains me to think we had this guy in front of us six years ago with no idea what evil he was destined to do," Polizzi said.

Daniel Callahan, a former chief of investigations with the attorney general, said he was well aware of Ross' numerous threats, but he said it's difficult to fault law enforcement for Ross' actions six years later.

"I knew it was him when I heard the name" of the person who killed Lefkow and Humphrey, said Callahan, now the chief of police in Wayne. "It was a gentleman that we had looked at and followed.

"There was nothing in the correspondence that led us to believe there was going to be violence."

Six years before the killings of Lefkow and Humphrey, Ross had lashed out against government officials through letters and repeated phone calls, Polizzi said. In 1999, Ryan received "odd letters" asking for him to help in Ross' medical malpractice suit, Polizzi said.

Polizzi said he and his investigative partner were sent to Ross' home in Chicago under the guise of "hearing Ross out" in order to make sure he wasn't "too sideways."

"Our bosses said go out there, take a look at him, listen to him, create a file," Polizzi said. "He wanted to know why the attorney general's office wasn't working as his advocate for medical malpractice. He was concerned about government conspiracies, his civil rights, and even accused the hospital of putting a transmitter in his mouth."

Polizzi said that in the interview, which lasted a couple hours, that he was taken aback with Ross' facial deformity and felt bad for the man, who was "obviously a tortured soul."

In order to obtain Ross' photo for the "threat book," Polizzi told him they would need a snapshot to help bolster his case in turning it over to the attorney general. Ross cautiously obliged.

"He was someone with a legal ax to grind," Polizzi said. "He had done his homework, he knew his legal stuff. He talked to everyone, sent letters everywhere."

Threats to public officials are common among the loads of correspondence received each day. The attorney general's office receives as many as 100 alarm-raising letters each year, Polizzi said.

But the previous profiling of Ross brings into question whether state investigators could have pinpointed Ross' potential for violence earlier, before he spiraled out of control, he said.

"We did good police work, but this guy still got through the cracks," Polizzi said. "It still wasn't good enough. They still have his paperwork."

Curry, the spokesman for the former attorney general, said a security team of about five state police officers monitors any threats considered dangerous to the state's top law-enforcement official.

"My understanding was that the investigators screened these threats and sent out investigators," Curry said. "They didn't tell me; I didn't ask. There was a policy of not sharing [specific threats] with the attorney general."

Alan Brantley, a former FBI special agent profiler and the owner of forensic behavioral company MAG International Inc., said a majority of threats against government officials are in the form of anonymous letters. Letter writers that identify themselves and signal a potential threat need to be more heavily scrutinized, he said. Ross had signed his diatribes Bart A. Ross.

Once investigators learn more about a person's character, "then it's a matter of precautionary measures and follow up," Brantley said. He noted that financial issues, criminal history and mental health problems are warning signs.

Callahan said the office typically opened less than 25 case files and threat assessments each year when he was the attorney general's office's head of security. He said it's unclear to what extent the profile and assessment of Ross was shared among state agencies.

Callahan said files such as Ross' are "kept on file in house."

Melissa Merz, a spokeswoman for current Atty. Gen. Lisa Madigan, said the current executive security team was not aware of a threat posed by Ross.

Merz said a letter found written recently by Ross had mentioned two assistant attorneys general in a threatening manner. She declined further comment and would not confirm if Ross' previous threat assessment was still on file with the attorney general.

Spokesmen for the FBI and the Secret Service declined to comment Sunday about whether Ross had made any threats against federal officials.

http://www.chicagotribune.com/news/nationworld/chi- 0503140190mar14,1,2445470.story?coll=chi-newsnationworld-hed&ctrack=2&cset=true

       The Lefkow Murders - Ross Letter to NBC-Channel 5

Published March 11, 2005

The morning after murder suspect Bart Ross killed himself during a traffic stop in West Allis, Wis., staff members in the television newsroom of NBC5 in Chicago discovered a handwritten letter that had been mailed to the station, bearing the signature "Bart A. Ross." The letter was handed over to FBI agents Thursday morning, and NBC5 shared a facsimile of the three-page text with the Tribune:

I regret killing husband and mother of judge Lefkow as much as I regret that I have to die--for the simple reason that they personally did to me no wrong.

They are as much victims, as I am for over 12 1/2 years.

I broke into utility room to judge's Lefkow's house at 4:30 a.m. to spend all day there, and in the evening "to get" judge Lefkow and then others, whoever I could get. But Mr. Lefkow discovered me in the utility room about 9 a.m. He had office next to utility room in the basement.

I had no choice (under circumstances to get my justice) but to shoot him, straight not like Ch. 9 WGN 9 p.m. news stated in the back of the head. Then I heard voice "Michael, Michael" , so I looked to the hallway (in the basement) and saw an older woman. I had to shoot her too. I followed with a 2nd shot to the head in both cases to minimize their suffering.

For years I was caring about depriving one justice to no effect.

This [expletive] understood nothing. Court of Appeals made decisions on Nov. 29, 2004. This was absolute end to me because of no possibility of [illegible] any resources to continue to US Supreme Court, what [illegible] have the same end, anyway, because they are all judges.

On Feb. 4, 2005, I had to vacate previously owned house, what I extended to Feb. 14, 2005.

After 12 and a half years Nazi style [illegible] I still procrastinated with putting into effect "getting my justice" although I considered myself "dead" (finished completely). I missed
[illegible] opportunities.

Since Feb. 14, 2005, I lived in my car moving around, and when I got numb enough to care about nothing, I finally did it on Feb. 28, 2005. In me there was 12 1/2 half years of [illegible] and
knowledge. "I am already dead" because the listed [expletive] doesn't know how to let live.

After I shot husband & mother of Judge Lefkow, I had a lot of time to think about "life and death" -- killing is no fun, even though I knew I was already dead.

I was a product of entire civilization of humanity (historically speaking), and all the people of good will, let's say, e.g. Mother Teresa, etc. affected me. I was helped by two doctors and attorney from Texas who gave me these doctors.

To make story short--I gave up further killings on about 1:15 pm on Feb. 28, 2005 and left Judge Lefkow's house. I still approached Dr. Briele's house in Northbrook and judge Bronstein's house in Glencoe.

Judge Lefkow was No. 1 to kill because she finished me off and deprived me to live my life through outrageous abuse of judicial power and decicration of the judicial office. Judge Lefkow, to her neighbors, is a church going `angel'. To me, Judge Lefkow is a Nazi-style criminal and terrorist [expletive].

By giving up further killings, I let them live, what they took away from me. They practically murdered me and, in this way, they murdered husband and mother of judge Lefkow, and although I killed them, I am not a murderer (US soldiers who killed innocent Afghans, Iraqis, etc. are not considered murderers), [illegible] including Judge Lefkow are murderers by depriving me right to live.

I still would be lucky to make a number of killings -- I had a 22 with a noise reducer reletively quiete and effective, (it's not to difficult to make). And I had as a backup of a greater force.

I was not Mother Teresa and never tried to be, but, as I said, in my life I benefited from people's good will and sacrifice, and, I hope that letting them live (at least a few) will be more beneficial than killing them--(considered myself "dead" already for a long time, so, like kamekaze (whatever the spelling) , I could [illegible] a few houses or at least one on basis of effective invasion of judge Lefkow's house.

To end damn you all (those whom I contacted) for not stopping violating me Nazi style for 12 1/2 years and not letting me live, and damn you all for converting this great country into Nazi style
criminal and terrorist, which mutilated me Nazi style for over 12 1/2 years and did not let me live.

Bart A. Ross

                      Suicide's Note: I Killed Judge's Kin

By Don Babwin
New York Post
March 11, 2005

CHICAGO —— A man who filed bizarre, rambling lawsuits over his cancer treatment and shot himself to death during a traffic stop appears to be the lone killer of the mother and husband of a federal judge who had ruled against him, police said late yesterday.

DNA on a cigarette found after the killings matches that of Chicago electrician Bart Ross, who claimed responsibility for the slayings in a suicide note, authorities said last night.

"The DNA match, with all the other evidence, certainly convinces us that Ross is the offender in the Lefkow family homicide," Chicago police spokesman David Bayless said.

Police Superintendent Phil Cline said earlier yesterday that Ross fit a witness description of a man seen leaving Lefkow's home the day of the killings.

Ross, 57, committed suicide Wednesday in West Allis, Wis., after an officer pulled him over because of broken taillights on his van.

Cline would not speculate on what Ross was doing in the area. But at least one other judge who had ruled against him lived there. And a source close to the investigation told The Associated Press that the suicide note, in Ross' van contained the names of judges.

Lefkow came home Feb. 28 to find her 64-year-old husband, Michael Lefkow, and 89-year-old mother, Donna Humphrey, shot to death in the basement.

Investigators earlier had suspected the slayings may have been the work of white supremacists angry over another of Lefkow's rulings. But Ross had no known connections to extremist groups.

Last fall, the judge had dismissed a lawsuit in which Ross accused doctors of disfiguring him when they treated him for cancer in the early 1990s.

Cline said that after Ross killed himself, police and federal agents found a note in which he implicated himself in the murders.

WMAQ-TV in Chicago said it also received a handwritten letter signed by a Bart Ross yesterday in which the writer describes breaking into the Lefkow house around dawn. The writer said he planned to wait in the basement all day for the judge and kill her.

But he said the judge's husband discovered him around 9 a.m., so he shot him, then killed Lefkow's mother after she heard the gun and called out to her son-in-law.

"After I shot [the] husband and mother of Judge Lefkow, I had a lot of time to think about life and death. Killing is no fun, even though I knew I was already dead. I gave up further killings on about 1:15 p.m. on Feb. 28, 2005, and left Judge Lefkow's house," the station quoted the letter as saying.

In the lawsuit dismissed by Lefkow last September, Ross claimed doctors had damaged his mouth and caused him to lose his teeth when they treated him for cancer from 1992 into 1995.

After the slayings, suspicion had immediately turned to white supremacist Matthew Hale, who was in prison for trying to have Lefkow killed for ruling against him in a trademark dispute.

Hale's father, Russell, said he felt terrible for the Lefkow family but "great relief" for his own when he learned of Ross' likely involvement. AP

(Judge Joan Lefkow did what all the other federal court judges do, dismiss civil rights cases, which than are rubber stamped by the appeals courts.)

Man Claims to Have Slain Judge's Family
His Suicide Note Referenced Details of Killing
 

By Don Babwin
Associated Press
March 10, 2005

CHICAGO (March 10) - A man who shot himself to death during a traffic stop in Wisconsin claimed in a suicide note that he killed a federal judge's husband and mother, a source close to the investigation told The Associated Press Thursday.

  Chicago Police Department spokesman David Bayless identified Judge Joan Lefkow  the man as Bart Ross.

WMAQ-TV in Chicago also reported Thursday that it had received a handwritten letter signed by Ross in which he describes breaking into the house of Judge Joan Humphrey Lefkow around 4:30 a.m. on Feb. 28 with the intent to kill her and anyone else.

Lefkow had ruled against Ross in a civil case involving a medical-Michael Lefkow malpractice lawsuit, a ruling that was upheld by a federal appeals court in January. Ross, 57, was also being evicted from his home and had a court date Thursday.

Lefkow found the bodies of her husband, attorney Michael Lefkow, 64, and her mother, Donna Humphrey, 89, on the basement floor of the Lefkow home the evening of Feb. 28.
 

Donna Humphrey Matthew Hale, who had been convicted of soliciting Lefkow's murder after she ruled against him in a trademark dispute. Investigators insisted, however, that Hale's followers and other hate groups were just one focus of the investigation.

In the letter to WMAQ, Ross said he waited all day in a utility room in the basement and shot the judge's husband after being discovered. Ross said he then shot Lefkow's mother after she heard the gunshot and called out to her son-in-law.

''After I shot husband and mother of Judge Lefkow, I had a lot of time to think about life and death. Killing is no fun, even though I knew I was already dead,'' the station quoted the letter as saying.

Ross said he stayed in the house until about 1:15 p.m. before deciding to leave, according to the letter.

The suicide note found in the van indicated that Lefkow had ruled against Ross in a civil case, costing him ''his house, his job and family,'' the Chicago Tribune reported, citing unidentified sources. The note also included details in the slayings that were not released to the public, Tribune Deputy Managing Editor James Warren said in an interview on CNN.

Ross was stopped by police in West Allis, Wis., Wednesday evening because his van had a faulty tail light, police said. As officers approached the car, he killed himself with a gunshot to the head, police said.

Police in the Milwaukee suburb declined to characterize the evidence found in the van. But a source close to the investigation told the AP on condition of anonymity the van contained a suicide note that also listed other judges.

The Tribune also reported that about 300 .22-caliber shells were found in the van. Investigators found three casings of the same caliber in the Lefkow home.

Last September, Lefkow dismissed a civil rights lawsuit in which Ross claimed doctors at the University of Illinois-Chicago Hospital and its clinic had disfigured him, damaged his mouth and caused him to lose his teeth when they treated him for cancer from 1992 to 1995.

Among other claims, Ross alleged doctors committed a ''terrorist act'' against him by giving him radiation treatment without his consent. He represented himself in the lawsuit.

Defendants included the federal government, the State of Illinois, five doctors and four attorneys who had taken part in an earlier Ross lawsuit that was dismissed by another judge.

Ross was also about to face eviction from his home, according to Cook County Sheriff's spokesman Bill Cunningham. A lawsuit was filed in housing court Feb. 23 seeking to evict Ross, and sheriff's deputies tried three times in early March to serve Ross with court papers. The case was due in court Thursday.

Police have been unable to find any of the man's family. Chicago police Thursday cordoned off the street outside Ross' last-known address, a two-story home across from a high school on a tree-lined street on the city's North Side.

Jinky Jackson, 34, a neighbor, said Ross was wearing a neck brace as of a month ago. She said she would say hello to Ross when she saw him but he would not reply.

''He doesn't mingle with other neighbors,'' Jackson said. ''He'd come home late and stay inside.''

Report: Suicide May Be Killer of Judge's Husband, Mother

By The Associated Press
New York Lawyer
March 10, 2005

Chicago police have sent detectives to a Milwaukee suburb to investigate a suicide but declined Thursday to confirm reports that the death had any connection to the murders of a federal judge's mother and husband.

The Chicago Tribune reported that a man who shot himself in the head during a traffic stop Wednesday in West Allis, Wis., left a suicide note claiming responsibility for the slayings of U.S. District Judge Joan Humphrey Lefkow's mother and husband.

West Allis police planned to hold a news conference Thursday.

The newspaper, citing unnamed sources, said the suicide note included details about the slayings not released to the public.

Investigators also discovered .22 caliber shells in the man's van that are the same caliber as the casings found in Lefkow's home, the Tribune reported in its Thursday editions.

Lefkow found the bodies of her husband, Michael Lefkow, 64, and her mother, Donna Humphrey, 89, in the basement of her Chicago home when she returned from work Feb. 28.

Authorities were investigating whether Judge Lefkow had ruled against the man in a civil case. The man's suicide note said the judgment had cost the him ``his house, his job and family,'' according to the newspaper.

Jailed white supremacist Matthew Hale, convicted of soliciting an FBI informant to kill Judge Lefkow, had been an early focus of the investigation. He denied playing any role in the deaths.

On Wednesday, authorities returned to the Lefkow house and led dogs trained to sniff out explosive material to determine where on the property firearms may have been used, said Bureau of Alcohol, Tobacco, Firearms and Explosives spokesman Tom Ahern.

Also Wednesday, an attorney for Hale said that Hale's mother asked him late last year to relay a coded message from Hale to one of his supporters. Lawyer Glenn Greenwald said he declined to deliver the message.

[Index to Articles]
 

A Feast

Take Action

Judicial Accountability | Judicial Independence | Discipline State Court Judges
Appeals-State Court | Disposal of JQC & Other Records | Discipline Federal Court Judges | Appeals -Federal Court | Judicial Canons | Violation of Separation of Powers
History of the Bar | Privatization of the Bar | Unauthorized Appropriation of Funds
The Judicial Bar Rules | Unauthorized Bar Functions | Law is Big Business | Endnotes