Hearing of Senate Judiciary Committee--"Protecting the Judiciary at Home and in the Courthouse"

Hearing of Senate Judiciary Committee--"Protecting the Judiciary at Home and in the Courthouse"

I would like to thank Chairman Specter for convening today's hearing. I commend him for his leadership on the critical issue of judicial security, and for his leadership of this Committee.

The cold-blooded killings of Judge Lefkow's family on February 28, and of a judge and other court officials in Atlanta a few weeks later, were attacks not only against innocent individuals but on the federal judiciary itself.

Three federal judges have been assassinated since 1978. But never before has a federal judge's family been killed. We must provide more protection for our judges and their families so that others will be spared the tragedy that Judge Lefkow and her family have been forced to endure.

There are at least two main ways in which Congress can achieve this goal.

1. Improving the United States Marshals Service

First, I believe we must try to improve the services offered by the United States Marshals Service. This agency has been underfunded and understaffed for years. There also appear to be management and morale problems at this agency, and they must be addressed.

The Justice Department's Inspector General has submitted written testimony - which I ask unanimous consent to submit for the record - indicating that the Marshals Service still needs to improve its protective and threat assessment capabilities. And just two days ago, the Inspector General issued a report that found significant deficiencies in Marshals Service hiring and use of contract guards.

I look forward to hearing the testimony of Director Reyna and Judge Roth about these issues, and I want to thank them for appearing before this Committee today. We need to have a frank and open dialogue about how to improve the relationship between the federal judiciary and the Marshals Service. Improving this relationship is essential to improving the protection of judges and their families.

I am pleased that Congress has accepted the amendment that Senator Obama, Senator Kennedy, and I offered to appropriate $12 million for the Marshals Service to improve the protection of federal judges outside the courthouse doors. Congress intended that this funding be used primarily for the installation of home security systems in the homes of federal judges, as quickly as possible.

2. Verbal Attacks on Federal Judges

The second way I believe we can improve judicial security is for public officials to condemn the harsh verbal attacks on federal judges that have been on the rise.

• Rev. Pat Robertson said earlier this month that the threat posed by federal judges is "more serious than a few bearded terrorists who fly into buildings."

• Tony Perkins, president of the Family Research Council, said recently that "There's more than one way to skin a cat, and there's more than one way to take a black robe off the bench."

• Edwin Vieira, a lawyer and author, said last month at a conference of conservative activists that Supreme Court Justice Anthony Kennedy should be impeached and that "Stalin had a slogan, and it worked very well for him, whenever he ran into difficulty: 'no man, no problem.'"

• And even some members of Congress have fueled the fires of these verbal attacks on our judges. After the Terri Schiavo case, House Majority Leader Tom DeLay said: "The time will come for the men responsible for this to answer for their behavior."

These comments are irresponsible and should be condemned by people on both sides of the political aisle. Judicial security should not and cannot be a partisan issue.

All of us disagree from time to time with various decisions handed down by our federal courts. But to suggest retribution against judges is an assault on the independence of the judiciary. When the men and women who don these robes have the courage to rule in controversial cases, they should not feel that they endanger themselves or their families.

Introduction of Judge Lefkow

I would now like to welcome Judge Lefkow and her daughters to the Judiciary Committee. I would also like to acknowledge the family of Judge Lefkow's husband Michael - I know his two sisters and niece are here as well. It is an act of tremendous courage for them to be here today. Judge Lefkow has declined many speaking invitations and interviews, but she felt that the United States Senate Judiciary Committee was an appropriate forum to discuss her tragedy and help us find ways to prevent such tragedies from happening again.

I am honored to introduce Judge Lefkow today not only because she is a constituent, but also because I recommended her nomination for the federal bench five years ago.

The last time Judge Lefkow was in this hearing room, in June 2000, I introduced her to the Judiciary Committee and said: "Judge Lefkow has a rare combination of intelligence, professional experience, temperament, and devotion to public service. She is going to be an excellent federal judge."

Well, Judge Lefkow has served not only with excellence, but also with great bravery and distinction. Even before the heartbreaking tragedy she has recently suffered, she incurred death threats in multiple cases, including the high profile threat from white supremacist Matthew Hale. Nevertheless, she has been a noble public servant and she has persevered.

Judge Charles Kocoras, Chief Judge of the U.S. District Court in the Northern District of Illinois, wrote a letter to me a few weeks ago in which he called Judge Lefkow "the sweetest federal judge I have ever met and whose own sense of fairness is a model for the world."

We are extremely fortunate to have Judge Lefkow on the federal bench in Chicago. And we are honored to have her with us today.

We will now hear from Senator Obama.

http://judiciary.senate.gov/member_statement.cfm?id=1495&wit_id=747