8/1/2018 TCOLE Basic Court Security Constable Jason Johnson Kaufman County Pct. 2 Introduction The Need for Training 1 8/1/2018 Introduction The TCOLE Basic Court Security Certification was created to conform with the minimum training mandates for court security personnel established by Senate Bill 42 during the 2017 legislative session. A curriculum committee consisting of personnel from TCOLE, various law enforcement agencies, and the Office of Court Administration created the training curriculum for the TCOLE Basic Court Security Certification. A number of the committee members hold the TCOLE Court Security Specialist Certification. The goal of the committee was to insure that the mandates of SB 42 were met and to include the most relevant information necessary for persons working in court security. Introduction The Committee: Susan Gregory‐Brundage, Special Services Division/Education and Training TCOLE; Sgt. Terry Fahrlender, Lubbock County Sheriffs Office; Scott Griffith, Office of Court Administration; Chief Deputy Constable Bobby Gutierrez, Travis County Pct 5; Constable Randy Harris, Tom Green County PCT 4; City Marshal John Morris, Waxahachie City Marshals Office; Officer Fred Pitcher, Georgetown Police Department. Chief Scott Rubin, Fair Oaks Ranch Police Department; Sgt. Derrick Waggoner, Arlington Police Department; Case Studies 2 8/1/2018 Case Studies Learning Objectives: Encourage learning through examples of problems and issues experienced by students in the classroom. Students provide scenarios based on experience for class discussion Instructors moderate class discussion Case Studies Students are expected to relate their experiences based on the topics covered in the course of study by the instructor or from personal experiences for discussion in the classroom. Your participation is encouraged as it enhances the learning environment for everyone here. Please share any experiences that you have relevant to the topics as they are covered. INTRODUCTION TO COURT SECURITY 3 8/1/2018 Introduction to Court Security INTRODUCTION TO COURT SECURITY Learning Objectives: Provide the student with the history of court security and the recent legislation affecting court security. Summarize the history of court security Cover Senate Bill 42 and its provisions List allowable collection and use of the court security funds History of Court Security Bailiff’s date back to the 1200’s in England and France, and the 1300’s in Russia Bailiff’s were originally overseers of communities and responsible for the maintenance and order of the Kings Eventually Bailiff’s were the designated overseers of order in the court and carried out the directives of the court 4 8/1/2018 History of Court Security Many of you remember the historical references to bailiffs in the courts through books, TV dramas, news stories and historical events. Times have changed, the duties of the bailiff and of court security have evolved to meet the demand. History of Court Security May 29, 1979 ‐ Federal Judge John Wood was assassinated in the driveway of his home in San Antonio, TX by Charles Harrelson (father of actor Woody Harrelson) in a murder for hire plot financed by a drug lord, Jamiel (Jimmy) Chagra. This was the first assassination of a Federal Judge in the 20th century and the incident caused concern with Federal Judges for their safety. The U.S. Courts and the U.S. Marshal service begin research and development of a court security program for the Federal Courst.s History of Court Security 1983‐U.S. Marshal’s Service contracts for court security personnel utilizing former law enforcement officers Security plans are implemented and screening begins in most Federal Court Facilities, others are added as the program expands Now, more that 4500 Court Security Officers are employed in 400 courts nationwide More than 600 threats/improper contact are received annually by the USMS. 5 8/1/2018 History of Court Security July 1, 1992‐ Attorney George Lott opens fire in a Tarrant county courtroom in Ft. Worth killing Assistant DA Chris Marshall and Attorney John Edwards. Appellate Judges Clyde Ashworth and John Hill along with Assistant DA Steve Conner are wounded. Lott was dissatisfied with a ruling on a personal case. Tarrant County does not have screening in place, however they had purchased walk through metal detectors that were in storage. History of Court Security Tarrant County and many cities in around the DFW area and Texas begin to re‐think court security Courts in the area and around the State start entry screening and other measures to prevent violence Thereisstillalongwaytogoasmanystilldonothave programs Significant Incidents Tyler, TX February 4, 2005 • David Hernandez Arroyo arrives at the Smith County courthouse with an assault rifle and guns down his estranged wife on the courthouse steps and also shoots his son who is with her. • One more person is killed trying to intervene, several law enforcement officers are injured. • Arroyo then leads law enforcement on a pursuit and is killed. • Court Security Screening is in place in Smith County ….suspect never enters building. 6 8/1/2018 Tyler Texas Tyler 2005 Did court security work in Tyler? YES!! Court security is there to protect the court staff and citizens occupying the building. Tyler 2005 This incident required an active shooter response. Does your court security staff have access to long guns (shotguns/patrol rifles) to confront this type of attack? 7 8/1/2018 Long Guns at Screening Station? You should consider long guns: At the screening station. On each floor of multiple level court facilities. Anywhere a long gun would be an advantage for the protection and safety of persons in the court facility. Long Guns at Screening Station? The Tyler incident is a prime example why you need long guns available at your screening station!! 8 8/1/2018 Fulton County, GA 2005 Fulton County, Georgia (Atlanta) March 11, 2005 Rape suspect Brian Nichols severely beat deputy Cynthia Hall, took her gun then locked her in a holding cell. Nichols then entered the courtroom and fatally shot Judge Rowland Barnes and Court Reporter Julie Brandeau. Fulton County, GA 2005 Nichols hold hostages in the courtroom for a short period then decides to leave. Deputy Hoyt Teasley encounters Nichols on his way out of the building and is killed. Nichols begins hijacking vehicles and takes a public train. During this time Nichols encounters Federal Agent David Wilhelm and kills him. Fulton County, GA 2005 Nichols takes a hostage and after a long period the hostage talks him into giving himself up. This case is relevant due to the cost of liability for failing to protect the personnel in the court. 9 8/1/2018 Liability It is costly when adequate court security is not provided. Liability The Fulton County Sheriffs Office was sued by the family of the judge and separately by the family of the court reporter. The suit claimed that the sheriff was negligent and did not perform required duties. Georgia Law requires the sheriff or his or her designee to attend sessions of court. (O.C.G.A. 15‐16‐10) Liability Attorneys for the family pointed out that the sheriff had no officer in court as required by the state law. The Judge’s family settled for approximately 5.2 million dollars. The court reporters family settled for approximately 5 million dollars. This is very costly for lack of security. 10 8/1/2018 Liability Texas law is very similar in nature: (e) The constable SHALL attend each justice court held in the precinct. (Local Government Code 86.021. Sheriffs are required to attend court in many of the statutes in Government Code Chapters 24 and 25 which establish the District Courts and County Courts at Law. Liability Some police chiefs and city marshals are directed by city ordinance or city charters to provide security for the courts too. If you are not familiar with the legislation that created your particular courts, you should review them to see what your responsibilities are as a law enforcement officer. It is your responsibility to know what is required of you by law in the realm of court security!! 11 8/1/2018 Austin, TX 11/6/2015 Judge Julie Kocurek is shot and critically injured in the driveway of her home as she returned from a football game. Chimene Onyeri has been charged in the case along with two accomplices. Onyeri was to appear before Judge Kocurek with the possibility of receiving incarceration. Onyeri has been charged twice with murder in unrelated cases with those charges being dismissed. There was a non descript threat against a Travis County Judge prior to the attack which was not relayed to the judges. This incident is what spurred the Texas Judicial Council into action to create Senate Bill 42. Recent Legislation SB 42 Signed by Governor Abbott 5/27/17 Effective 9/1/17 HB 1487 Sister bill in the house. This was never passed but the house took testimony, added provisions and sent them to the Senate for SB 42. 12 8/1/2018 Recent Legislation “The Sheriff, Constable, or other law enforcement agency or entity that provides security for a court shall provide to the Office of Court Administration of the Texas Judicial System a written report regarding any security incident involving court security that occurs in or around a building housing a court for which the sheriff, constable, agency, or entity provides security not later than the third business day after the date the incident occurred. A copy of the report must be provided to the presiding judge of the court in which the incident occurred. The report is confidential and exempt from disclosure under Chapter 552,Government Code. “ CCP 102.017 (f) CHAPTER 158. COURT SECURITY OFFICERS Sec. 158.001. DEFINITION.