Franken, Klobuchar introduce legislation to combat violence in the courtroom
Washington, D.C. — In response to the dramatic rise in local courthouse violence across the nation—including a shooting in December at the Cook County Courthouse in Grand Marais during which several people were wounded—U.S. Sen. Al Franken (D-Minn.) has introduced the Local Courthouse Safety Act to improve security at smaller courthouses.
Sens. John Boozman (R-Ark.) and Amy Klobuchar (D-Minn.) signed on as original cosponsors of the legislation.
Sen. Franken’s legislation would address security concerns, like a lack of screening equipment and training at local courthouses, by giving courthouses access to the resources they need to improve security. Many local courthouses, especially in rural and suburban areas, lack even basic security measures like metal detectors.
“Under no circumstances should our local sheriffs or court personnel have to put their lives at risk to ensure that the basic acts of our judicial system get carried out,”said Sen. Franken. “My legislation will give courtrooms access to the basic resources they need to make sure that every Minnesotan’s day in court is safe.”
“Unfortunately, in Arkansas, we are not strangers to courthouse violence,” said Sen. Boozman. “Five months ago, a gunman walked in to the Crawford County Courthouse and opened fire. Law enforcement responded swiftly and appropriately, but they must have more help to stop this type of unnecessary violent attack from happening. By giving states the authority to use existing grant money to improve courthouse safety, and by eliminating bureaucratic red tape that stalls access to excess federal security equipment, like metal detectors and other screening tools, we can help prevent another tragedy from taking place at a local courthouse.”
“I will never forget the tragic courthouse shooting we had in the Hennepin County Government Center and our resulting prosecution and enhanced security measures,” said Sen. Klobuchar. “The recent shooting at the Cook County Courthouse demonstrates that more needs to be done to keep local courthouses safe and this bill will help improve security and prevent future violence.”
Jim Franklin, the Executive Director of the Minnesota Sheriffs’ Association, estimated that most rural courthouses in the state have no metal detectors on site. Several judges around the state have also voiced concern about safety in courthouses; one wrote, “I’m no longer willing to risk my life, the life of court staff, the life of the public who have no choice about going to court.”
The Local Courthouse Safety Act would:
Provide local courts with access to security training;
Give states authority to use existing grant money to improve courthouse security; and
Cut through bureaucratic red tape, giving local courts access to excess federal security equipment, such as metal detectors and screening devices.
You can view a video of a speech Sen. Franken—who is a member of the Senate Law Enforcement Caucus—delivered on the Senate floor about his legislation here and read a transcript of his remarks here and below.
You can also read more about Sen. Franken’s bill here.
Sen. Franken’s bill has been endorsed in Minnesota by The Minnesota Sheriffs’ Association, The Minnesota County Attorneys Association, The President of the Association of Minnesota Counties, The Chief Justice of the Minnesota Supreme Court, The Minnesota State Court Administrator, Cook County Commissioner Sue Hakes, Cook County Sheriff Mark Falk, Cook County Board Chair Janice Hall, The Center for Judicial and Executive Security, and WATCH Minnesota. Nationally, it has been endorsed by The National Sheriffs’ Association, The Conference of Chief Justices, and The Conference of State Court Administrators.
As Prepared for Delivery
STATEMENT ON THE INTRODUCTION OF THE
LOCAL COURTHOUSE SAFETY ACT
Senator Al Franken
M. President, Sue Lantto is an advocate for victims of domestic violence. She often visits a local courthouse in suburban Minneapolis to help her clients obtain protective orders. Last month, she wrote an editorial in which she acknowledged that “[m]ost of us who work at the courthouse have had moments when we were frightened” because cases sometimes “become volatile.”
Patricia Buss handles family court matters in Dakota County, Minnesota. She says that she “personally think[s] of the risks every time [she] walk[s] into the courthouses.” And John Baker is an attorney in Maplewood, Minnesota. He’s also a retired marine. He concurs with Sue and Patricia: “I am not saying that we need to create fortresses of our courthouses,” he says. “But basic security screening and training can go a long way. That is not being done.”
The local courthouse is a workplace for many people – for the secretaries, custodians, and clerks who clock-in and clock-out every day. It’s also where justice is administered. It’s where we report for jury duty and fight traffic tickets. It’s where adoptions are processed, divorces are finalized, and misdemeanors are adjudicated.
But – as Sue, Patricia, and John explain – local courthouses can be dangerous places. Stakes are high. Tempers flare. Victims confront their assailants; defendants confront their accusers; prosecutors argue with defense lawyers.
A rash of incidents in late 2011 raised serious concerns about security at local courthouses, especially in rural and suburban communities.
In September, a defendant opened fire in the Crawford County Courthouse in Arkansas, shooting a judge’s secretary. Authorities reported that the gunman entered the courthouse unopposed, wearing tactical gear, armed with semi-automatic weapons. A local newspaper later noted that the shooting “highlighted the vulnerability of the state’s many small, rural courthouses where the guards, armed police and metal detectors common in larger cities are often too expensive.”
Two days later, there was a shooting in the Adams County Superior Court in Indiana. According to media accounts, that courthouse did not have a metal detector, either. A local judge observed that there were “a lot of security problems here that need to be corrected” and that the shooting “really drove home the point that things need to change.”
Then, in December, a defendant retrieved a gun from his car and walked into the Cook County Courthouse in Grand Marais, Minnesota. The courthouse did not have a metal detector, and the gunman was not screened. He shot and wounded the prosecuting attorney and a witness. The bailiff also was injured during the encounter.
After the shooting, a Minnesota judge wrote to his colleagues, expressing concerns about courthouse security. He put the issue very well. He said: “I’m no longer willing to risk my life, the life of court staff, the life of the public who have no choice about going to court.” He said he was worried about being “carried out in a body bag.”
These are not isolated incidents. The Center for Judicial and Executive Security in St. Paul tracks “court-targeted acts of violence” across the nation. It estimates that there were 23 such incidents at local courthouses in 2010 and 2011 – or about one per month. And this isn’t the first time we’ve confronted this issue in Minnesota. A few years ago, a man took hostages at the courthouse in Morrison County.
After the shooting in Grand Marais in December, a local sheriff recalled that “[t]here were a lot of heroes who really averted something much more serious.” I’m grateful for those heroes. Minnesota’s sheriffs – and law enforcement personnel across the nation – are among them. These brave men and women have many duties, including the daunting task of keeping our local courthouses safe. In fact, the National Sheriffs Association sent me a letter last week. I think it’s worth sharing, M. President, so let me read from it:
“Sheriffs are typically responsible for the safety and security of the local courthouses in their counties – along with performing traditional law enforcement duties and operating the local jails. Sadly, in recent years, there has been a spike in violent incidents in courthouses across the country. This violence places law enforcement, judicial personnel, and the general public in harm’s way. As such, it is imperative that sheriffs have the resources, particularly in rural areas where resources are extremely limited, to ensure courthouses have the appropriate equipment and tools necessary to improve security, enabling for the protection of courthouses throughout the United States.”
Our sheriffs need our support. And we should not wait for the next courthouse shooting before we give it to them. That’s why today I am introducing the bipartisan Local Courthouse Safety Act. It does three simple, common sense things.
First, the bill cuts through bureaucratic red tape, giving local courts direct access to security equipment that federal agencies no longer are using. This provision is modeled after a Defense Department program that allows the Pentagon to give its excess equipment to local police and firefighters. The Local Courthouse Safety Act would do the same thing for local courts: it would give them direct access to the federal government’s excess metal detectors, wands, and baggage screening machines.
Second, the Local Courthouse Safety Act gives states the flexibility they need to make investments in courthouse security. It clarifies that states may use their Byrne Justice Assistance Grants and State Homeland Security Grants to improve safety at local courthouses. The bill does not require any new spending, and it does not impose any new mandates on anyone. It simply says that states can use existing federal resources for courthouse security upgrades, if they so choose.
Finally, the Local Courthouse Safety Act provides statutory authorization for the Justice Department’s VALOR Initiative, which provides training and technical assistance to local law enforcement officers, teaching them how to anticipate and survive violent encounters.
M. President, this is a bipartisan issue, and this should be legislation we can pass, even in this divided Congress. I’m proud to introduce this legislation with Senator Boozman, my Republican colleague from Arkansas and a champion for law enforcement personnel in his state and across the country. I encourage my colleagues from both sides of the aisle to join Senator Boozman and me in advancing this bill. In doing so, they’ll join a long and growing list of groups that support it, including the National Sheriffs Association, the Conference of Chief Justices, and the Conference of State Court Administrators.
Thank you, M. President, and I ask unanimous consent that the bill’s text be included in the record.