Plea for address confidentiality compels legislative fixes
“My son’s death cannot be in vain, which is why I am begging those in power to do something to help my brothers and sisters on the bench,” said United States District Court Judge Esther Salas in an emotional statement last week. The nearly nine-minute videotaped statement came two weeks after the July 19 attack at her home by a disgruntled attorney, who killed her 20-year-old son, Daniel Anderl, and critically injured her husband and prominent defense attorney, Mark Anderl.
The shooting drew an outpouring of support and demands for measures to protect information such as addresses and telephone numbers of judges. The New Jersey State Bar Association is speaking with elected officials and state and federal court staff to craft a path forward on the safety of judges.
In New Jersey, legislation was introduced as early as 2017 to prohibit the posting or publishing of home addresses or telephone numbers of judges and state, county and municipal prosecutors, as well as their spouses and children, on the internet. Sponsored by Senators Kip Bateman and Nicholas Scutari in the Senate, and Assemblywoman Annette Quijano in the Assembly, the bills would amend current legislation that prohibits this practice for law enforcement officers. A-1649 (Quijano) remains pending in the Assembly Judiciary Committee.
Senator Joseph Cryan has introduced legislation that subsumes this bill into a broader bill, to include an exemption under the state’s Open Public Records Act. S-2797 (Cryan) was introduced last week and is pending in the Senate Judiciary Committee.
The attack on Judge Salas is not isolated, and calls have come from judges—both state and federal—to enact measures to protect their information. Some states, such as Florida, have addressed confidentiality through legislation similar to Cryan’s, precluding public records access to the information.
In 2015, Texas Judge Julie Kocurek was gunned down in her own driveway by someone who had been monitoring her activity prior to the incident. The state eventually passed a bill amending the Election Code to make confidential addresses of federal and state judges and their spouses. The measure amended the Texas Tax Code to permit an application seeking confidentiality of such records. The bill also called for enhanced court security measures.
In Chicago, federal Judge Joan Humphrey Lefkow’s husband and mother were discovered murdered in the basement of her home. The perpetrator was a disgruntled litigant. Judge Lefkow, now partly retired, previously testified before the Senate Judiciary Committee in 2005 urging several measures, including increased funding for home security systems; legislation to prohibit the posting of personal information about judges and other public officials without written consent; and adequate staffing and pay equity for the United States Marshals Service.
“I know this is a complicated issue, and I don’t pretend to know or have all the answers, but together we can find a way,” said Judge Salas in her taped appeal. “Let’s commence a national dialogue, let’s work collaboratively to find a solution that will safeguard the privacy of federal judges.”
This is a status report provided by the New Jersey State Bar Association on recently passed and pending legislation, regulations, gubernatorial nominations and/or appointments of interest to lawyers, as well as the involvement of the NJSBA as amicus in appellate court matters. To learn more, visit njsba.com.