Court security in high-profile cases

This guidance complements our high-profile case management recommendations. 

Strengthening court security

The person or agency who is in charge of court security at the courthouse is typically responsible for implementing security measures specific to high profile events. These include, but are not limited to:

• Conducting initial and ongoing threat assessments, including threats delivered online or through social media
• Controlling crowds
• Identifying security resources to address identified threats
• Coordinating with external security resources (i.e., local police, state police, private contractors), if necessary
• Conducting weapons screening (with enhanced high-profile protocols as needed)
• Monitoring all building activity and serving as the central command for all security operations
• Conducting patrols and sweeps on the courthouse perimeter, interior, and courtrooms
• Providing escorts for judges, staff, jurors, victims, witnesses, and others as needed
• Allocating staffing resources in the courtroom and around the facilities to fulfill the above listed responsibilities

This role is generally filled by the director of court security (which may be a court employee), head of local law enforcement, or director of the court's contracted security agency. The person selected should be respected by the various area law enforcement agencies and have experience in assessing threats and proactively identifying security issues.

Courthouse considerations

• Review the building's physical layout, identify locations where the parties (i.e., witnesses, attorneys, etc.) as well as the media and the public are expected to frequent, and assess potential security risks. Consider whether changes to the interior or exterior of the courthouse are needed to accommodate enhanced security measures (e.g., metal detectors, barricades, barriers for line management).
• Review current emergency evacuation plans and make sure they can support the additional foot traffic. Consider whether other plans should be created for possible threats.
• Assess locations adjacent to and immediately surrounding the courthouse to determine whether vehicle or foot traffic need to be restricted. Develop working relationships with law enforcement agencies and personnel who have jurisdiction over the exterior of the courthouse and surrounding areas. Communicate concerns about security risks and request a response for addressing the concerns.
• Assess the need for bomb detection. If bomb sweeps are necessary, determine the time, location(s), and frequency required. Estimate the number of media and public spectators who are likely to enter the courthouse for the high-profile case and secure a sufficient number of court security officers and devices (i.e., metal detectors, wands, x-ray machines) to expedite screening during peak times. If necessary, obtain stanchion posts and ropes to create entrance queues.
• Evaluate the size and location of the courtroom being used to try the case. It should be large enough to accommodate the number of participants and security personnel, but not so large that it would encourage disruptions by spectators. Consider temporarily reassigning courtroom space if the presiding judge's regular courtroom is not suitable. Determine whether offices, courtrooms, or other rooms located on the floors directly above, below, and adjacent to the proposed courtroom pose a security hazard. Consider securing hallways and areas near judges' chambers and meeting rooms.
• In a case involving upgraded security, consider whether buildings or other structures with windows facing the courtroom pose a potential security threat.
• Assess the security of public areas adjacent to the courtroom. If possible, seal off the corridor with barricades or barriers as a checkpoint to more easily inspect the credentials for persons entering the courtroom. Ensure that security procedures do not unduly interfere with access to other courtrooms or offices in the immediate vicinity.

Courthouse credentialing

Determine if credentialing (i.e., badge or lanyard strategy) will be needed for all spectators or the media. If credentialing is necessary, determine which method will be used. Issuing credentials is a common practice in high-profile trials that can help control access, improve security, and ensure that the media arrives to court in a timely fashion. Media credentialing will require working closely with the PIO. 

• An initial decision should be made to determine if passes will be issued. If so, consider how they will be issued — on a permanent or day-to-day basis. Permanent passes allow credentials to be issued once and are valid for the duration of the trial.
• Passes can also be organized to allow different levels of access. Issuing categorized passes allows the court to control who is given access to what facilities, such as granting access to the courtroom, press room, and courthouse. Another technique involves color coding passes for different groups of spectators, such as press, family members, witnesses, and the general public.

Security staffing

The increased demands on courthouse security during a high-profile case often require additional temporary staff. Close coordination with local officials is essential, especially when security staffing is not a financial responsibility of the court.

Determine how many security staff will be required at each stage of the case. If requesting additional staff from local law enforcement agencies, the court should develop a flexible plan that can accommodate routine, outside obligations and different/new officers each day. Be sure the plans are simple and in writing.

• The number of security personnel needed inside the courtroom will depend on the level of disruptions and threats of violence anticipated from the defendants or spectators. Trials with very high security may require that security personnel be assigned to protect certain parties, witnesses, counsel, the judge, and the jury.
• Plain-clothes officers may be needed for surveillance in the gallery. Be sure to account for their presence when making seating assignments.
• Additional staff may be needed to work security screening and maintain crowd control outside and around the courthouse. Plan to have more security and reassign staff as necessary to avoid a potential shortage.

Provide training and oversight to all staff members, paying special attention to any new staff members. While current staff members may be aware of normal business policies, it is important to ensure that they are also informed of any temporary policies pertaining to the high-profile trial.

• Specific instruction should be made to ensure that court security staff, including local law enforcement assigned to provide security for the proceedings, do not make comments to the media about the case.
• Additional instruction should ensure that court security never talks about the case with jurors. Security staff also need to be careful not to make statements that can be overheard by the jury.

Initiate contact with additional law enforcement agencies that could offer assistance and coordinate as needed.

Make an early assessment of the need for additional funding to cover increased security expenses. Determine if the funder would be more receptive to a collective, justice partner request, or if an ad hoc approach is required.

Maintaining decorum

A large amount of court security's time in a high-profile case (HPC) is spent ensuring orderly conduct and maintaining decorum in the courtroom. 

• Determine how the entrances and exits of jurors, witnesses, the judge, the parties, and attorneys will be conducted. When available, separate entrances for particular groups of people should be used.
• Be aware of and enforce courtroom seating plans when in place.
• Ensure that staff are aware of and enforce any policies regarding electronic devices.
• Determine how security will handle any requests for accommodations under the Americans with Disabilities Act (ADA).
• Take precautions to ensure that the jury does not see a defendant in custody status (e.g., handcuffs, ankle restraints). This task can be especially difficult in a high-profile case due to the volume of people moving in and around the courthouse. As such, it is important to adapt current procedures to ensure that the defendant is not seen by the jury in restraints.

Security risks

Ensure that everyone is screened as they enter the courthouse. This generally accepted practice helps ensure the safety of everyone in the facility. Jurors, witnesses, the judge, attorneys, and parties should be searched/scanned in the same manner as any other visitor. Review policies and procedures related to screening visitors for high-profile events. Courts should adopt a more heightened security stance. Such policies and procedures should address who gets screened, security personnel assigned, and screening protocols.

• Assess the security needs around litigants.
• Assign staff (or the PIO) to monitor social media. The public may not be well-informed about court procedures and may share hostility or outrage they feel about the court, the parties, etc., on social media. Monitoring social media for viable threats and responding appropriately will better ensure the safety of all parties to the case.
• Security clearances may be needed to access classified information in terrorism or political cases. It is important to build in the appropriate amount of time to secure these clearances from federal authorities.
• Daily briefings should identify the commanding officer if violence occurs. Review protocols with the presiding judge to ensure they are prepared to relinquish control of the courtroom to security personnel.
• Include airspace above and around the courthouse as part of the security assessment. Develop a plan for addressing potential security threats from drones and determine the appropriate aviation authority contacts in the event of an emergency.

Crowd control

High-profile cases have the potential for a large public and media turnout. Crowd control is exceedingly important and deserves a high level of attention and planning. Additional security personnel may be required to manage large crowds and ensure the safety of the parties.

Celebrity fans - Cases involving celebrities may attract a large number of fans and followers. Be prepared to respond to increased security and crowd control needs to ensure the safety and efficiency of the court. Requests to accommodate celebrity entourages (e.g., agents, publicists, security, etc.) may be received. Due to space constraints, this accommodation may not be possible. Advance planning and communication can reduce these requests by determining who will be allowed in the courtroom and if space will be allocated to entourages, if any.

Political demonstrations - Cases of a political nature may invite political demonstrations inside and outside of the courtroom. Make sure security is properly staffed and prepared accordingly. Ensure that First Amendment rights are well balanced with any security concerns. In cases of political demonstrations of opposing views, consider designating physical spaces for each group outside the courthouse to keep them separate and avoid direct conflict.

Militia/posse comitatus - Militia/posse comitatus cases may involve heightened security risks both inside and outside of the courtroom. Be prepared to respond to potential threats, such as intimidation of jurors and potential jurors, and nuisance attacks on the trial judge, court staff, lawyers, and witnesses.

Cybersecurity

The importance of cybersecurity is not to be understated during the course of a high-profile case. Courts must always be vigilant in protecting their information technology and systems and should:

• Initiate relationships between IT and security early in the case to identify needs and share concerns.
• Monitor and maintain the security of electronic information (case management system and other electronic records) during the case.
• Ensure that all firewalls and other security measures are in place.
• Ensure that all computer equipment in any accessible area is physically locked down, encrypted, patched, and asset tagged.

Check that all public use computer equipment meets the following criteria:

• Set to screen lock after a period of inactivity, five minutes is recommended.
• Unused ports are disabled.
• Access is limited to include necessary applications.
• Set to automatically reboot and reset at the start of each day.

If the high-profile case may attract international cyber-security threats, consider geo-blocking internet traffic.

How to geo-block internet traffic:

• Work with human resources to ensure passwords to internet accessible databases are changed when employees separate from the court.
• Provide users with the least amount of access needed to perform their duties, especially in a high-profile case. Limited access should be given to temporary employees as needed.
• Use only secure video conferencing feeds for remote witness testimony. For difficult litigants, (e.g., mental health issues or potentially violent), consider setting up a remote access feed into a secure area.
• Provide separate Wi-Fi access for the media during the high-profile case. Depending on the design, this additional access will reduce the burden on networks used for the court's routine work. Separate Wi-Fi networks may also help IT departments monitor and resolve any issues or hijack attempts.
• Conduct cybersecurity training on a regular basis. Tabletop exercises or practice sessions that test the team's ability to respond to cybersecurity threats are an excellent way to prepare staff for high-profile cases.

Juror safety

Work with the HPC team to determine protections for jurors. It is important to make special arrangements to ensure jurors are not harassed or intimidated. Sequestration can ease these concerns if ordered in the case. When possible, jurors should meet at an off-site location to be transported to the courthouse by security.

• Develop a plan for juror movement within the courthouse. This should include their entrance and exit of the courthouse and courtroom along with their movement to and from other locations in the facility.
• Jurors who convene at the courthouse may need designated parking and a security detail to ensure they get to their vehicles safely. Avoid having jurors park too far from the courthouse.
• If jurors are required to go off site for any reason (i.e., visiting the crime scene), ensure proper security measures are in place.
• Read more about jury management

Collaboration with external agencies

Some high-profile cases require cooperation from local, state, and federal authorities. Be sure to identify these needs early on to ensure the appropriate parties are involved.