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 where warranted),
- monitoring all building activity and serving as the central command for all security operations in the building,
- conducting patrols and sweeps on the courthouse perimeter, interior, and courtrooms,
- providing escorts for judges, staff, jurors, victims, witnesses, and others as warranted,
- allocating adequate 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, the head of local law enforcement, or the director of the court’s contracted security agency. The person selected should be respected by the various law enforcement agencies in the area and have experience in assessing threats and proactively identifying security issues.
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 and directed to frequent, and assess potential security risks. Consider whether additions or changes must be made to the interior or exterior of the courthouse to accommodate necessary security measures (e.g., metal detectors, barricades, barriers for line management).
Determine if credentialing (i.e., badge or lanyard strategy) all individuals attending the trial, or if the media alone will be needed. If so, determine what method of credentialing 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 reports to the court in a timely fashion. This will involve working closely with the PIO. Read more about media credentialing.
- 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 passes 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 differential 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 actors, such as press, family members, witnesses, and the general public.
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 a number of 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.
Staff training and oversight, additional law enforcement agencies and other considerations >
A large amount of court security's time in a high-profile case is spent ensuring orderly conduct and maintaining decorum in the courtroom. The HPC team should plan for the orderly facilitation of each stage of the case.
- 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.
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.
- Access 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 who the commanding officer is if violence occurs. Review protocols with the presiding judge to ensure they are prepared to relinquish control of the courtroom to security personnel at this time.
- 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.
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.
Be prepared for requests to accommodate celebrity entourages (e.g., agents, publicists, security, etc.) 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.
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 5 minutes is recommended.
- Unused ports are disabled
- Access 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 cybersecurity threats, consider geo-blocking internet traffic.
How to geo-block traffic >
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, it is advisable to have jurors 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 measures are in place for juror security.
- Read more about jury management.
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 in the handling of the case.