TESTIMONY OF JAMES A. ROBBINS, PERSONNEL AND ORGANIZATIONAL DEVELOPMENT OFFICER; ALFRED WONG, MARSHAL OF THE U.S. SUPREME COURT; JOE R. CALDWELL, JR., SENIOR LEGAL OFFICER, SUPREME COURT OF THE UNITED STATES, ACCOMPANIED BY JOHN YODER, SPECIAL ASSISTANT TO THE ADMINISTRATIVE ASSISTANT TO THE CHIEF JUSTICE Mr. ROBBINS. Mr. Chairman and members of the subcommittee, let me introduce myself. My name is James Robbins. I am the Personnel and Organizational Development Officer at the Supreme Court. To my immediate left is Mr. Al Wong, Marshal of the Court; to his left is Mr. Joe Caldwell, the Senior Legal Officer of the Court; and to my immediate right is Mr. John Yoder, who is Special Assistant to the Administrative Assistant to the Chief Justice. If it pleases the committee, I would like to express the appreciation of the Chief Justice for this opportunity for the Court officials to speak in support of H.R. 6204, a bill to clarify the jurisdiction and authority of the police force which serves the Supreme Court of the United States. I would like to make a very brief statement simply setting forth the general need for the bill and leave a more detailed explanation of the bill to Mr. Wong and to Mr. Caldwell. H.R. 6204 would afford the Supreme Court Police Force with the statutory recognition in title 28 of the U.S. Code and make other technical changes necessary to clarify the jurisdiction and authority of the police force. As the Chief Justice indicated in his support of this bill, the security problems encountered in recent years in protecting public officials and facilities have required the Supreme Court Police to take a greater role in providing increased physical protection for Justices, for employees of the Court, and for visitors to the building. The legal status of the Supreme Court Police needs to be updated to reflect today's current realities. The need for similar updating the status of the U.S. Capitol Police was recognized by Congress in 1981. I think it is important to point out that our basic goal in supporting this legislation is to get a bill that will provide the Court with clarification of the status, jurisdiction, and authority of the Supreme Court Police, similar to that which has already been given to the U.S. Capitol Police. Basically, the Supreme Court Police need clear authority to provide physical protection for the Justices and employees of the Court, and for visitors, including foreign dignitaries. The Supreme Court Police must also be able to protect the Justices on certain occasions when they must leave the building on their official duties. To a great extent, the current problem revolves around the authority of the Supreme Court Police to carry firearms. Obviously, the clear authority to carry firearms is necessary in order for the police to carry out the duties I have enumerated already. The current authority is ambiguous, and this creates serious problems for the Court. Police officers are uncertain about their exact authority to use firearms and about their potential personal liability if they must use a firearm to protect lives. This uncertainty affects police morale and it raises concerned among Court officials about police performance. In addition, the general employee population of the Court has expressed growing concerns about their own personal safety. During the last year one Court employee was murdered and another Court employee was robbed within walking distance of the Supreme Court. These events have clearly heightened the awareness of Supreme Court employees about the crime problem in the area immediately surrounding the Court. H.R. 6204 would be of great assistance in insuring the continued efficient administration of the Supreme Court Police. Its enactment not only makes good sense, but it is absolutely essential in maintaining good morale among the police force and among other employees at the Supreme Court. I would now like, with the committee's permission, to turn over to Mr. Wong, the Marshal of the Court, and Mr. Caldwell, the Legal Officer of the Court, the opportunity to explain the specific reasons why this bill is needed and the legal changes that are required by this bill. After that, I would be glad to answer any questions the subcommittee might have. Mr. Wong, Mr. Caldwell and Mr. Yoder will also be available to answer questions on issues that I might not be familiar with. In closing, I would simply like to offer my written statement and the "Supporting Memorandum for Proposed Bill to Clarify the Status and Jurisdiction of the Supreme Court Police" prepared earlier by Mr. Yoder, both of which have been supplied to the subcommittee in advance, for the record at this time. Mr. HALL. They will be so admitted without objection. [The statement of Mr. Robbins and the Supporting Memorandum for Proposed Bill to Clarify the Status and Jurisdiction of the Supreme Court Police follow:] Supreme Court of the United States STATEMENT OF JAMES A. ROBBINS HOUSE JUDICIARY SUBCOMMITTEE Mr. Chairman and Members of the Subcommittee: The Chief Justice appreciates the opportunity you have given Court officials to appear here today to testify in support of H.R. 6204--a bill to clarify the jurisdiction and authority of the police force which serves the Supreme Court of the United States. The officials who manage the police force and who helped prepare this bill are present. They include Mr. Al Wong, Marshal of the Court; Mr. Joe Caldwell, Senior Legal Officer; and Mr. John Yoder, Special Assistant to the Administrative Assistant to the Chief Justice. I will limit my remarks to the basic reasons why the Court needs this legislation and leave the more detailed explanation of the bill to Mr. Wong and Mr. Caldwell. Mr. Yoder will not give any testimony, but will be available to answer questions. H.R. 6204 would afford the Supreme Court Police Force formal statutory recognition in title 28 of the United States Code and would make other technical changes that are necessary to clarify the jurisdiction and authority of the Supreme Court Police. The police officers of the Supreme Court have served the Court since 1935 when the Supreme Court moved from quarters in -2 the United States Capitol to the Supreme Court Building. In 1949, Congress provided legal recognition to the Supreme Court Police and established their jurisdiction. As the Chief Justice has previously indicated in supporting this bill, security problems encountered in recent years in protecting public officials and facilities have required the Supreme Court Police to assume a greater role in providing increased physical protection for Justices, employees of the Court, and visitors to the building. The legal status of the Supreme Court Police needs to be updated to reflect the realities of today's world. The need for updating the legislation for the United States Capitol Police was recognized by the Congress in 1981. H.R. 6204 would provide similar changes, and it would give the Supreme Court Police the same type of jurisdiction and authority that the Capitol Hill Police already enjoy today. Basically, the Supreme Court Police must have the clear authority to provide physical protection for the Justices and employees of the Court, and for visitors, including foreign dignitaries. The Supreme Court Police must also be able to protect the Justices, on certain occasions, when they leave the building on their official duties. Finally, the Supreme Court Police must have the flexibility to carry out the duties required by their position when exigent circumstances arise. То a great extent, the current problem revolves around the authority of the Supreme Court Police to carry firearms. Obviously, the clear authority to carry firearms in order to -3 perform the duties earlier enumerated is essential. Current authority to carry firearms is ambiguous, and this ambiguity creates serious problems for the Court. Police Officers are uncertain about their exact authority to use firearms and their potential personal liability if they are required to use their firearms to protect lives. This uncertainty affects police morale and raises concerns about police performance. In addition, the general employee population has expressed growing concerns about their own personal safety. The recent murder of one Court employee and the robbery of another Court employee, both within walking distance of the Court, has heightened the awareness among employees of the crime problem in the area immediately surrounding the Court. H.R. 6204 will be of great assistance in ensuring the continued efficient administration of the Supreme Court Police. Its enactment not only makes good sense, but is also necessary to maintain good morale among the police force and other employees of the Supreme Court. Mr. Wong, Marshal of the Court, will now make a brief statement enumerating the specific reasons why this bill is necessary, and Mr. Caldwell, Legal Officer of the Court, will also make a brief statement explaining the legal changes the bill would make. After that, I will be glad to answer any questions that you may have concerning the bill. Mr. Wong, Mr. Caldwell, and Mr. Yoder will also be available to answer specific issues that I might be unfamiliar with. questions on |