Marshals lag in security efforts, report says

WASHINGTON -- Federal judges are in danger because the U.S. Marshals Service does not work quickly enough to protect them amid growing threats of violence, Justice Department investigators said Wednesday.

The report listed Nevada as having 227 threats to federal judges and other court officials in 2006, more than any other federal judicial district.

But officials said that was an anomaly and probably the result of the trial of tax opponent Irwin Schiff. Nevada officials said judges and other court officials typically average fewer than 40 threats per year.

Schiff, who is nationally known for his position that Americans have no legal obligation to pay income tax, was convicted of tax evasion and conspiracy to defraud the United States. He was the leader of the "tax honesty movement," which drew passionate followers.

U.S. District Judge Kent Dawson presided over Schiff's case. The Marshals Service provided around-the-clock protection to Dawson for about six months. Schiff, 79, was convicted in October 2005 and sentenced to more than 13 years in prison in February 2006.

Despite the threats that accompanied the Schiff trial, U.S. District Judge Roger Hunt, who had not seen the report, said he was stunned to hear that Nevada topped the states with the most threats made against federal judges.

"I can't see why we would have so many incidences; I have no answer for that," Hunt said.

The review by the department's inspector general raises questions about use of resources in safeguarding the 2,200 federal judges.

The 112-page report by Inspector General Glenn Fine credits the Marshals Service for some improvements after 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 marshals' overall security efforts had "languished," 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.

Hunt disagreed that protection of federal judges has languished.

"In our opinion, the U.S. marshals do a remarkably fine job in protecting us and responding to anything that looks like an inappropriate threat or even a veiled one," Hunt said.

Deputies regularly evaluate security in federal judges' homes and look for new methods to keep them safe. After Family Court Judge Chuck Weller was shot in his Reno chambers last year, the marshals looked into replacing the federal courthouse windows with bulletproof glass.

"It was not a practical thing to do," Hunt said, adding that the judges have to be aware of their surroundings and potentially explosive cases. "You're aware if you have a window that faces the parking garage, you keep the blinds closed."

The report said the Marshal Service must show "a greater sense of urgency" to improve assessment of reported threats by creating and sharing intelligence on potential threats and deploying security measures.

On Wednesday, U.S. District Judge James Mahan showed a reporter the handgun he wears under his robe every day.

Mahan, 63, said he carried a concealed weapon off and on before joining the federal judiciary in 2002, but he has carried one "steadily" since an incident that occurred shortly after he began hearing cases in federal court.

The Las Vegas judge said the incident involved a defendant accused of breaking into a convenience store, stealing money from video poker machines and setting the store on fire. The defendant wanted to withdraw a guilty plea he had entered in the case, but Mahan denied the request and sentenced the man to about 12 years in prison. The defendant responded by threatening to kill the judge.

"It's a high-profile position, and not everybody's real happy when they leave court," Mahan said.

Review-Journal writers Adrienne Packer and Carri Geer Thevenot and Associated Press writer Ken Ritter contributed to this report.