Federal judges understandably receive the most public attention in carrying out the judiciary’s responsibility of upholding the rule of law, interpreting the Constitution and striving to see that justice is done.
But for judges to meet this responsibility, the assistance of many others is necessary. For the most part, these are people who quietly do essential work behind the scenes. Among these unsung workers are the members of the United States Marshals Service.
Oldest federal law enforcement agency
The United States Marshals Service traces its beginnings to Sept. 24, 1789, when Congress passed the first Judiciary Act. This Act set up the federal court system and created the Office of the United States Marshals. This makes the Marshals Service our oldest federal law enforcement agency.
Despite being created by the Judiciary Act, the Marshals Service is, in fact, not a part of the judiciary. Rather, it is an executive branch agency under the United States Department of Justice.
Some of us will recall western movies or television shows depicting U.S. Marshals on horseback going into the Oklahoma territory to capture fugitives and bring them at gunpoint back to federal court for trial and sentencing. Marshals no longer ride horses, but locating, arresting and delivering individuals charged with federal crimes to federal court is still one of their primary responsibilities.
Protecting the judicial process
Another primary responsibility of the U.S. Marshals – and one which all federal judges greatly appreciate – is safeguarding judges. While U.S. Marshals protect judges in the courtroom and the courthouse, they also have a responsibility to protect judges in their homes and daily lives.
For example, when a judge is under a specific threat, deputy marshals may accompany the judge wherever he or she goes. This personal protection helps alleviate concerns judges might have about their and their family’s safety, allowing judges to devote their full attention to the cases before them.
In addition to protecting judges, U.S. Marshals are responsible for protecting federal courthouses and providing security to all people who enter them, including jurors, lawyers, litigants, courtroom spectators and casual visitors.
Marshals also protect endangered government witnesses and their families. The Marshals Service thus ensures that judicial proceedings can take place in a safe and orderly fashion and are not disrupted by dangerous individuals.
Another way in which U.S. Marshals protect the judicial process is through their responsibility for individuals held in custody while awaiting trial or sentencing on federal criminal charges. The Marshals Service houses these individuals, generally through contracts with local jail facilities. When these individuals must appear in court, deputy marshals manage their transportation and move them safely through the courthouse.
The Marshals Service performs these tasks with precision and professionalism, allowing the judicial process to move forward seamlessly.
Enforce judicial orders
A fundamental obligation of judges is to render decisions in cases. But judges have limited authority to actually enforce court judgments. This is another vital role U.S. Marshals perform. They execute judicial orders, whether in a criminal case by transferring convicted defendants to the custody of the federal Bureau of Prisons, or in a civil case by seizing monies or property to satisfy a civil judgement. And they serve subpoenas or summonses that require a person to appear in court.
They’re also charged with responsibilities in asset-forfeiture matters. When individuals obtain or use funds or assets in violation of the law, a court might order that the property be forfeited to the government. U.S. Marshals are the ones who seize forfeited funds and assets and assure their proper custody, management and disposal.
Conclusion
As a nation rooted in the rule of law, we depend on many to ensure that justice is done. Often unseen by the wider public, U.S. Marshals are tireless in their work to support the rule of law by serving as guardians of the federal judiciary.
Their presence is felt in every federal courthouse in the country. They provide an indispensable service to the federal judiciary and to the nation as a whole.
Curtis L. Collier
U.S. district judge
Chair, Eastern District of Tennessee Civics and Outreach Committee
Carrie Brown Stefaniak
Law clerk to the Hon. Curtis L. Collier
Meghna Melkote
Law clerk to the Hon. Curtis L. Collier
Alex Tritell
Law clerk to the Hon. Curtis L. Collier