STRATEGIC GOAL SEVEN: Protect the Federal Judiciary and Provide Critical Support to the Federal Justice System to Ensure it Operates Effectively

The Department has significant responsibility for ensuring the effective, efficient and secure operation of the federal justice system. It does so by protecting judicial proceedings; ensuring the safe and secure environment of the federal courts; apprehending fugitives from justice; promoting the participation of victims at every stage of criminal and juvenile proceedings; and administering the Nation's bankruptcy laws.

It is the primary role and mission of the United States Marshals Service (USMS) to provide for the security and to obey, execute, and enforce all orders of the United States District Courts, the United States Courts of Appeals, and the Court of International Trade. USMS provides the necessary services and expertise to maintain a high level of security in the federal judicial environment, takes steps to upgrade physical security at existing courthouses, and ensures new courthouses open with appropriate security measures in place. In addition, USMS monitors, assesses, and investigates threats made against judicial personnel, witnesses and victims in order to ensure their safety. Other responsibilities of USMS include production of prisoners for court appearances, service of court order process, management of assets that have been seized and forfeited, and apprehension of federal fugitives from justice.

DOJ has given high priority to increasing the participation of victims and witnesses in the judicial process. Specifically, DOJ requires training for law enforcement officers and prosecutors in victim/witness responsibilities and notification procedures.

The U.S. Trustee Program (USTP) enforces bankruptcy laws and regulations of the Nation. USTP addresses the bankruptcy systems' overall caseload, particularly older cases, by proving administrative support to help move cases expeditiously through the bankruptcy process. The program informs law enforcement agencies of possible violations of bankruptcy laws and participates in task forces designed to identify and prosecute individuals or organizations engaged in fraud.

MANAGEMENT CHALLENGES

There are no existing material weaknesses that will hinder the achievement of goals in this area in FY 2003, nor did the DOJ OIG, in its December 2001 list of the top ten management challenges facing the Department, list any issues in this area.

PROGRAM EVALUATIONS

In FY 2002, DOJ contractors will be performing an Activity-Based Costing Study of JPATS which will review operations and address whether the price per flight hour cost structure, new for FY 2002, is the optimum methodology to calculate and charge customers. The new flight hour pricing structure will be based on actual flight hours utilized and customer load factors as opposed to a cost per prisoner movement basis, which was used in the past.

In FY 2003, DOJ will continue to deter and to respond to threats to the safety of federal judges, court personnel, witnesses and other participants in federal judicial proceedings. Our primary goal is to ensure that no judge, court participant or witness is the victim of assault stemming from involvement in a Federal Court proceeding.

Specifically, we will effectively identify, assess, and respond to threats against court personnel and property; enhance the physical security of new and renovated federal courthouse facilities; and provide for the long-term protection of federal witnesses and their family members.

Dollars/FTE

Skills
USMS Deputy Marshals and Criminal Investigators must be able to plan and develop prisoner transportation routes; identify and react quickly to incidents; analyze and investigate inappropriate communications made against judges and witnesses; investigate threats; cultivate relationships with state and local law enforcement agencies; assess potential risks; devise threat management strategies; and coordinate protective investigations with the FBI.

Information Technology
USMS is in the process of developing one centralized application, the Justice Detainee Information System (JDIS), from its five offender-based applications: the Warrant Information Network, the Prisoner Tracking System, the Automated Prisoner Scheduling System, the Automated Booking Station, and the Prisoner Medical Tracking system. JDIS will allow USMS to manage prisoners and fugitive investigations, and track them through the entire judicial process.

Background/Program Objectives:
USMS maintains the integrity of the judicial security process by: (1) ensuring that each federal judicial facility is secure - physically safe and free from intrusion by technological devices intended to subvert court proceedings; (2) guaranteeing that all federal judges, magistrate judges, bankruptcy judges, prosecutors, witnesses, jurors and other participants, have the ability to conduct uninterrupted proceedings in open and safe environments; (3) maintaining the custody, protection and safety of prisoners brought to court for any type of judicial proceeding; and (4) limiting opportunities for criminals to tamper with evidence or use intimidation, extortion, or bribery to corrupt judicial proceedings.

Strategies to Achieve the FY 2003 Goal:
USMS will provide a high level of security in the federal judicial environment and take steps to update physical security at existing courthouses and ensure that new courthouses open with appropriate security measures. To determine security risk, USMS conducts an assessment of the facility and personnel security requirements. Where a situation is deemed high risk, the USMS district staff or Court Security Inspectors develop an operation plan at least one month before the start of the trial. USMS also manages the Court Security Officer (CSO) program, which provide interior security at federal court facilities.

In addition, USMS will continue to monitor, assess and investigate inappropriate communications (including threats) made to judicial personnel, witnesses, and victims in order to ensure their safety. USMS Criminal Investigators will also provide protective services at judicial conferences, and additional security measures for high-risk trials, and provide personal security details to address threats made against the federal judiciary, as necessary.

For the current national security survey, USMS includes only courthouse facilities where USMS pays rent on 250 square feet of space or more (on non-courthouse space) and has prisoner movement requirements. In the FY 2002 national security survey, USMS will encompass all physical issues in courthouse facilities by including the U.S. Courts and the Federal Protective Services. Due to the nature of construction projects and the increased scope of the survey, USMS plans to conduct the survey every three years (with data and analysis available the following year) assuming funds availability. Although many renovation projects have been initiated, the impact to the national security survey will not be felt for several more years as: (1) a renovation project may take several years to complete; (2) completing a renovation project does not ensure that a courthouse facility will meet security standards since several renovation projects at one facility may be required; and (3) most renovation projects are dependent upon GSA's renovation schedule, meaning that any delay with GSA's schedule will consequently delay the USMS schedule. Finally, every year, new courthouses are built by GSA, either adding to or replacing existing courthouse facilities. The total number of facilities is currently at 353; it will change in the future. At the conclusion of the survey, the USMS will be in a better position to project the number of courthouse facilities meeting requirements.

Crosscutting Activities:
USMS works closely with the USAs, FBI, DEA, INS and BOP as well as non-DOJ agency tenants in buildings housing judicial proceedings. Non-DOJ tenants include the U.S. Postal Service, IRS, and the Social Security Administration. In addition, USMS coordinates and directs the District Courts Security Committee meetings to determine the security needs of the judiciary. These conferences are attended by the U.S. Courts (judges, clerks of the court, probation and pretrial services), the USAs and GSA's Federal Protective Services.

Victims and witnesses play a central role in the federal criminal justice system. Their participation often makes the difference between a conviction and an acquittal. Yet being a victim or witness can be an overwhelming and traumatic experience. Prior to recent federal and state legislation making improvements in how victims and witnesses are treated, some felt re-victimized by a criminal justice system they perceived as insensitive to their needs.

The Attorney General's Guidelines for Victim and Witness Assistance set forth DOJ requirements and policies regarding the treatment of victims and witnesses. They recognize that federal criminal justice personnel, including investigators, prosecutors and correctional officers, have a special responsibility to treat victims and witnesses of federal crimes fairly by enforcing their rights, properly including them in criminal justice system processes, and referring them to the appropriate services.

DOJ, through the USAs, employs victim-witness coordinators in each of the 94 federal judicial districts. Victim-witness coordinators play a crucial role in increasing the participation and cooperation of victims and witnesses. They help implement the guidelines, ensure that those involved in working with victims and witnesses are properly trained, and help victims and witnesses from a wide range of socioeconomic backgrounds, cultures, and ethnic groups understand their rights and their role as key participants in the federal criminal justice process.

Dollars/FTE

Skills
Victims/Witness Coordinators need to be familiar with the federal litigation process, legislation impacting victims and witnesses, and have a working knowledge of legal terminology.

Information Technology
USAs rely on the LIONS case management system. However, a new system under development, the Victim Notifications System, will link the USAOs with the FBI and BOP.

Background/ Program Objectives:
Victim-Witness Coordinators provide referrals to crisis counseling victim compensation programs and victim assistance programs. When no other resources are available, the Victim-Witness Coordinators can provide funding for emergency needs from the Federal Crime Victims Assistance Fund. These emergency needs include transportation costs to and from court, translation services and emergency child care or shelter.

The Department also provides emergency witness assistance to witnesses where the more formal security programs, administered under the provisions of the Witness Security Reform Act, are not available or are inappropriate. The purpose of this program is not to provide physical protection for witnesses; it is to address a witness' fears about assisting the government and seeks to promote their peace of mind when they have relevant information to contribute, thereby enhancing their ability to testify.

Strategies to Achieve the FY 2002 Goal:
We will first provide referrals to state and local agencies and victim organizations. When no other resources are available, we will provide funding for emergency needs including: crisis intervention; emergency food, clothing, legal assistance and medical services; temporary housing; necessary and reasonable transportation and per diem expenses to enable a parent to recover a kidnapped child; and services that assist a victim in participating in judicial proceedings such as necessary and reasonable transportation to court; emergency child care; and interpreters. We will also provide transportation expenses to secondary victims such as spouses and family members for the purpose of providing support when the primary victim is a child, deceased, or where the victim is incompetent or incapacitated.

Also, when a witness is fearful of assisting the federal government, the Emergency Witness Assistance Program will be accessed for emergency needs. These funds are use to provide: transportation, housing, moving and subsistence expenses to enable a witness to leave their neighborhood, town, city or state temporarily; and other transportation costs as reasonably necessary, for school, immediate medical or counseling needs. The funds are limited to intimidated victims or witnesses and cannot be used solely because the witness is indigent or requires services. This assistance is limited to 30 days and $4,000 per witness unless there are extenuating circumstances.

Crosscutting Activities:
Investigative agencies, particularly DEA and the FBI, coordinate with the USAOs throughout the country to ensure that victims and witnesses are served. The USAOs provide training and information to state and locals such as family violence in Indian Country, victim-witness roles and responsibilities, and interviewing child witnesses. We will continue these and other efforts to build relationships and foster cooperation. The Office of Victims of Crime in OJP provides leadership and assistance in victims and witness matters to federal agencies including the Department of Treasury, State, Defense and Interior.

In FY 2003, DOJ will focus on apprehending the USMS "15 Most Wanted", Major Case, violent and terrorist related fugitives. As a result of Public Law 106-544, the USMS was funded to create two Fugitive Apprehension Task Forces on the East and West coast. The emphasis of these task forces is to assist the state and locals in locating and apprehending violent fugitives.

USMS is dedicated to enhancing public safety by locating and apprehending fugitives as quickly and safely as possible. The problems that fugitives pose are numerous, costly, and most importantly, dangerous. First and foremost, fugitives pose a widespread threat to public safety nationwide. Fugitives tend to be mobile and opportunistic, preying on innocent citizens by committing additional crimes against persons and property in an effort to finance or facilitate their continued flight from justice. Their criminal activity respects no traditional political or geographical boundaries and often constitutes violations of both state and federal laws. In addition, fugitives threaten the very fabric of our criminal justice system. By definition, they have been charged with a violation of law and have fled from their charges. If fugitives are allowed to remain at large, the integrity of our criminal justice system is challenged. Court dockets become clogged, fugitives become more difficult to locate with the passage of time, and crime victims are denied closure and often live in fear and isolation while the criminals who have victimized them remain at large.

Dollars/FTE

Skills
USMS Criminal Investigators must be able to analyze and evaluate investigative leads developed through an array of techniques including reviewing financial and other records; witness interviews; informant contacts; and physical and electronic surveillance. They must also be able to cultivate mutually beneficial relationships with investigators and prosecutors from other federal, state, and local law enforcement agencies and demonstrate the ability to prepare and execute operational plans in connection with the service of arrest and/or search warrants.

Information Technology
USMS is in the process of developing one centralized application, the Justice Detainee Information System (JDIS), from its five offender-based application; the Warrant Information Network, the Prisoner Tracking System, the Automated Prisoner Scheduling System, the Automated Booking Station, and the Prisoner Medical Tracking. These systems comprise the essential modules of JDIS. Once implemented, it will allow USMS to manage prisoners and fugitive investigations and track them through the entire criminal judicial process. USMS also utilizes several commercial and other agency databases for fugitive investigations.

Background/ Program Objectives:
USMS has primary jurisdiction nationwide in conducting and investigating fugitive matters involving escaped federal prisoners, probation, parole, and bond default violators, and warrants generated by DEA investigations and certain other related felony cases. USMS has maintained its own "15 Most Wanted" fugitives list since 1983. Additionally, USMS sponsors over 65 multi-agency fugitive task forces comprised of federal, state and local agencies, with investigative efforts on fugitives wanted for crimes of violence and drug trafficking. On the international front, USMS has become the primary American agency responsible for extraditing fugitives wanted in the United States from foreign countries. USMS also apprehends fugitives within the United States who are wanted abroad.

In support of its fugitive mission, USMS provides covert support such as telephone monitoring, electronic tracking and audio-video recording. In addition, analysts provide tactical and strategic expertise and judicial threat analysis. USMS maintains its own central law enforcement computer system, the Warrant Information Network, which is instrumental in maintaining its criminal investigative operations nationwide. In addition, USMS is able to enhance fugitive investigative efforts through data exchanges with other agencies, such as the Social Security Administration, the DEA, the Department of Agriculture, the Department of Defense, the Department of State, and a variety of task forces around the country.

Strategies to Achieve the FY 2003 Goal:
DOJ will continue to apprehend Class 1 fugitives as quickly as possible and decrease the fugitive caseload. A Class 1 warrant is a felony warrant for which USMS has primary responsibility. Class 2 warrants are felony offenses for which other law enforcement agencies have primary responsibility. USMS classifies felony fugitive warrants into three categories: (1) fugitives with violent criminal convictions; (2) fugitives wanted on drug-related charges; and (3) all other felony fugitives. A warrant can be cleared by arrest, a USA dismissal, or a detainer, or purged for reasons such as death of the fugitive.

Crosscutting Activities:
USMS works closely with federal, state, local, and foreign law enforcement agencies and prosecutors to locate and apprehend fugitives as quickly and safely as possible in an effort to maintain the integrity of the justice system and enhance public safety. USMS has established liaison positions with DEA, HIDTA, OCDETF, NDIC, INTERPOL, DOJ-OIA, and the Dept. of State. The USMS also manages more than 70 multi-agency fugitive task forces around the United States. USMS has Memoranda of Understanding to assume administrative and apprehension responsibility for fugitives wanted by: the United States Customs Service, the Internal Revenue Service - Criminal Investigation Division; the Food and Drug Administration - Office of Criminal Investigations; the Naval Criminal Investigative Service; the Defense Criminal Investigative Service; the United States Air Force - Office of Special Investigations; the Department of Agriculture - Office of Inspector General; the Department of Justice - Office of Inspector General; the Social Security Administration - Office of the Inspector General; the United States Fish and Wildlife Service - Office of Law Enforcement; the Federal Emergency Management Agency - Office of Inspector General; the Department of Health and Human Services - Office of Inspector General; the National Aeronautics and Space Administration - Office of Inspector General; the National Oceanic and Atmospheric Administration; and the Department of Education - Office of Inspector General.

In FY 2003, DOJ, through the United States Trustee Program (USTP), will shift more attention to combating civil and criminal abuse in the bankruptcy. To that end, USTP will focus on full disclosure and accountability, as well as the proper interpretation and enforcement of the law. In addition, USTP will evaluate initiatives taken to address identity theft in bankruptcy cases. USTP plans to expand the Debtor Identification Pilot Project to all U.S. Trustee offices by the end of FY 2001, which will help decrease the incidence of identity theft in the bankruptcy system. Finally, USTP will maintain the level of performance regarding the efficient and effective administration of bankruptcy cases through the system and maximize the return of assets and distributions to creditors.

Dollars/FTE

Skills
Staff must have legal, financial, analytical, and audit skills. Other key competencies include: expertise in bankruptcy law, criminal statutes, investigative techniques, and strong writing abilities. Support personnel must have automation expertise, management and administrative skills.

Information Technology
Operations rely upon the Justice Consolidated Office Network (JCON), office automation products, various database systems, and a legacy case management system operating on mini-computers, as well as notebook PCs and laptops.

Background/ Program Objectives:
USTP was established nationwide in 1986 to separate the administrative functions from the judicial responsibilities of the bankruptcy courts and to bring accountability to the bankruptcy system. USTP acts as the "watchdog" of the bankruptcy system and ensures that the more than $5 billion in bankruptcy estate assets that flow through the system annually are properly handled. While protecting the rights of the debtors, USTP must maximize the return of estate assets to creditors.

Strategies to Achieve the FY 2003 Goal:
USTP has a comprehensive oversight process to ensure that the Chapter 7 cases filed each year are effectively and efficiently moved through the bankruptcy system. USTP audits and evaluates private trustees, follows-up on deficiencies, ensures that old cases are closed promptly, and initiates action when private trustees fail to comply with their obligations. USTP reviews semi-annual reports filed by over 1,600 panel and non-panel trustees and trustee final reports and trustee final accounts for all asset cases. In addition, a portion of all trustee operations are closely reviewed each year, either through the Office of Inspector General audits or on-site examinations by USTP personnel.

In FY 2002/3 USTP will implement uniform transaction codes for Chapter 7 trustees. This process will help standardize the identification of assets that trustees liquidate in a bankruptcy estate. Making the process more uniform will assist the USTP to identify problems early in the process and afford the USTP an opportunity to intervene, if necessary, to preserve bankruptcy estate assets.

Crosscutting Activities:
USTP works with the trustees and courts as indicated above.