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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.
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