10E - AMERICAN BAR ASSOCIATION ADOPTED ...
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10E
AMERICAN BAR ASSOCIATION
ADOPTED BY THE HOUSE OF DELEGATES
FEBRUARY 22, 2021
RESOLUTION
RESOLVED, That the American Bar Association urges Congress to pass the Daniel
Anderl Judicial Security and Privacy Act of 2020 (116th Congress, S.4711 and H.R. 8591)
or similar legislation to prohibit the disclosure of personally identifiable information of
active, senior, recalled, or retired federal judges, including magistrate judges, bankruptcy
judges, administrative law judges, administrative judges, and immigration judges, and
their immediate family who share their residence, including but not necessarily limited to
home addresses or other personal contact or identifying information;
FURTHER RESOLVED, That the American Bar Association urges all state, territorial,
tribal, and local governments to enact legislation to prohibit the disclosure of personally
identifiable information of active, senior, recalled, or retired judges and their immediate
family who share their residence, including but not necessarily limited to home addresses
or other personal contact or identifying information; and
FURTHER RESOLVED, That the American Bar Association urges all national, state,
local, territorial, tribal and affinity bar associations and other entities which collect
personally identifiable information to create safeguards to protect the personal information
of active, senior, recalled, or retired judges, including prohibiting the publication of home
addresses or other personal contact or identifying information in association membership
directories or online databases without the affirmative consent of the judge.10E
REPORT
On July 19, 2020, a gunman impersonating a delivery driver arrived at the home
of Esther Salas, a judge of the United States District Court for the District of New Jersey,
murdering her 20-year old son, Daniel Anderl, and critically wounding her husband, Mark
Anderl. 1 The gunman—a self-described “men’s rights lawyer”—had apparently targeted
Judge Salas for her decisions in a case he had brought challenging the all-male draft,
and apparently had plans to target other judges as well, including the Chief Judge of the
New York Court of Appeals. 2 The gunman was able to obtain Judge Salas’s home
address and other personal information through publicly-accessible online directories. 3
The attack on Judge Salas’s family is unfortunately one of the latest in a long line
of instances in which judicial officers have been targeted at their homes. In 2015, a
gunman shot Julie Kocurek, a judge in Travis County, Texas, for presiding over his
criminal trial. 4 In 2005, a dissatisfied litigant arrived at the home of Joan Lefkow, a judge
of the United States District Court for the Northern District of Illinois, and fatally shot her
husband and mother. 5 U.S. District Judge John Wood was assassinated in front of his
home in 1979, as was U.S. District Judge Richard Daronco in 1988. while Robert Vance,
a judge of the U.S. Court of Appeals for the Eleventh Circuit, was assassinated by a mail
bomb sent to his house. 6
Despite these attacks, as well as literally thousands of threats against judges
nationwide, 7 there is currently no federal legislation which protects the home addresses
or other personal contact or identifying information of current or former judges from public
disclosure. The Judicial Conference of the United States held an emergency meeting
after the attack on Judge Salas’s home, and on August 14, 2020, approved a measure
requesting that Congress adopt legislation to, among other things, enhance the protection
of judges’ personally identifiable information, as well as monitor the public availability of
1 Debra Cassens Weiss, Federal judge’s son killed, her lawyer husband wounded in shooting at their home,
ABA JOURNAL (July 20, 2020), https://www.abajournal.com/news/article/federal-judges-son-is-killed-her-
lawyer-husband-wounded-in-shooting-at-their-home.
2 Debra Cassens Weiss, Men’s rights lawyer, now dead, is suspect in fatal shooting at federal judge’s home,
ABA JOURNAL (July 21, 2020), https://www.abajournal.com/news/article/mens-rights-lawyer-now-dead-is-
suspect-in-fatal-shooting-at-federal-judges-home.
3 Eric Levenson, New Jersey Federal Judge Whose Son Was Killed Details His Last Words, WLFI (Aug.
4, 2020), https://www.wlfi.com/content/national/571991952.html.
4 Man who shot Judge Kocurek sentenced to life in prison, KXAN (Oct. 2, 2018),
https://www.kxan.com/news/local/austin/man-who-shot-judge-kocurek-sentenced-to-life-in-prison/
5 Matt Reynolds, An attack on a judge’s family is putting judicial security center stage, ABA JOURNAL (Oct.
1, 2020), https://www.abajournal.com/web/article/attack-on-judges-family-puts-judicial-security-center-
stage,
6 Id.
7 Id.10E
such information. 8 On September 24, 2020, a bi-partisan group of representatives and
senators introduced the Daniel Anderl Judicial Security and Privacy Act of 2020 in both
houses of Congress, which if enacted would implement the recommendations of the
Judicial Conference. 9 However, no hearing has been held on either bill, and it is unlikely
to be adopted before the adjournment of the 116th Congress.
At the state level, Texas, 10 Illinois, 11 and New Jersey 12 have responded to the
attacks in their states by enacting legislation to provide current and former judges with
such privacy protections. 13 Nevertheless, most jurisdictions still lack such legislation. Not
surprisingly, an informal survey conducted by the National Judicial College reported that
the vast majority of judges fear for their safety and believe more should be done to protect
themselves and their families at home. 14
This resolution urges that all stakeholders in the administration of justice take
appropriate measures to protect home addresses and other personally identifiable
information of all United States judges from public disclosure. It urges that Congress
enact the Daniel Anderl Judicial Security and Privacy Act of 2020, or similar legislation to
prohibit the disclosure of such information. It further urges that all state, territorial, tribal,
and local governments follow the lead of Texas, Illinois, and New Jersey by enacting
similar legislation within their jurisdictions. Finally, it urges that even in the absence of
legislation, bar associations and other entities which collect personally identifiable
information about judges voluntarily adopt appropriate safeguards, such as by declining
to publish the home addresses or other personal contact or identifying information in
association membership directories or online databases without the affirmative consent
of the judge.
As the voice of the legal profession in the United States, the American Bar
Association is uniquely situated to advocate for such legislation. It is the mission of the
ABA to advance the rule of law, hold governments accountable under law, work for just
laws, assure meaningful access to justice, and preserve the independence of the legal
profession and the judiciary. 15 These goals, however, are significantly undermined when
judges justifiably fear that dissatisfied litigants or others who disagree with their decisions
may physically harm themselves and their families. This resolution highlights the ABA’s
continued support and commitment to ensuring the safety of America’s judges through
the enactment of these common-sense measures to reduce the likelihood of judges and
their families being harmed at their homes.
8 Judicial Conference of the United States, Judicial Conference Approves Measures to Increase Security
for Federal Judges, https://www.uscourts.gov/news/2020/08/14/judicial-conference-approves-measures-
increase-security-federal-judges (Aug. 14, 2020).
9 See S. 4711; H.R. 8591.
10 See Judge Julie Kocurek Judicial and Courthouse Security Act of 2017.
11 See Judicial Privacy Act of 2012.
12 See Daniel’s Law; see also Gov. Murphy Signs Daniel’s Law After Son of Judge Esther Salas Killed in
Home Ambush, CBS N.Y. (Nov. 20. 2020), https://newyork.cbslocal.com/2020/11/20/daniels-law-ester-
salas-daniel-anderl-phil-murphy-new-jersey/.
13 Reynolds, supra note 5.
14 Id.
15 See 2008A121.
210E
Respectfully submitted,
Nesha R. Christian-Hendrickson, Esq.
President, Virgin Islands Bar Association
February 2021
310E
GENERAL INFORMATION FORM
1. Summary of Resolution
This resolution urges that Congress pass the Daniel Anderl Judicial Security and
Privacy Act of 2020, or similar legislation to prohibit the disclosure of personally
identifiable information of active, senior, recalled, or retired federal judges,
including magistrate judges, bankruptcy judges, administrative law judges,
administrative judges, and immigration judges, and their immediate family who
share their residence, including but not necessarily limited to home addresses or
other personal contact or identifying information. It further urges that all state,
territorial, tribal, and local governments enact similar legislation within their
jurisdictions. Finally, it urges that bar associations and other entities which collect
personally identifiable information about judges voluntarily adopt appropriate
safeguards, such as by declining to publish the home addresses or other personal
contact or identifying information in association membership directories or online
databases without the affirmative consent of the judge.
2. Approval by Submitting Body
Approved by the Virgin Islands Bar Association on December 5, 2020.
Approved by the National Conference of the Administrative Law Judiciary on
December 16, 2020.
3. Has this or a similar Resolution been submitted to the House or Board
previously?
No.
4. What existing Association policies are relevant to this Resolution and how
would they be affected by its adoption?
Although not addressing the specific subject of this Resolution, the House of
Delegates has adopted prior resolutions on the issue of judicial security, such as
19A105 (urges the development of policies and protocols as to who may carry
firearms into courthouses and similar judicial establishments), and 14M106 (urges
development and adequate funding of judicial system security protocols to prevent
acts of violence related to the justice system).
5. If this is a late Report, what urgency exists which requires action at this
meeting of the House?
N/A.
6. Status of Legislation (if applicable).
The Daniel Anderl Judicial Security and Privacy Act of 2020 was introduced in the
410E
116th Congress as S.4711 and H.R. 8591. As of this writing, it has been referred
to the appropriate committee in each house of Congress, but no action has
otherwise been taken.
7. Brief explanation regarding plans for implementation of the policy, if adopted
by the House of Delegates.
The ABA would support the passage of the Daniel Anderl Judicial Security and
Privacy Act of 2020 or similar legislation at the federal level, as well as similar
legislation at the state, territorial, tribal, and local levels.
8. Cost to the Association (both indirect and direct costs).
None.
9. Disclosure of Interest.
None.
10. Referrals
Standing Committee on Gun Violence
Government & Public Sector Lawyers Division
Judicial Division
Young Lawyers Division
Section of Litigation
Family Law Section
Criminal Justice Section
Tort, Trial and Insurance Practice Section
11. Contact Name and Address Information. (Prior to the meeting. Please include
name, address, telephone number and e-mail address.)
Anthony M. Ciolli
340-774-2237
aciolli@gmail.com
12. Contact Name and Address Information. (Who will present the Resolution
with Report to the House?
Anthony M. Ciolli
340-774-2237
aciolli@gmail.com
510E
EXECUTIVE SUMMARY
1. Summary of Resolution.
This resolution urges that Congress pass the Daniel Anderl Judicial Security and
Privacy Act of 2020, or similar legislation to prohibit the disclosure of personally
identifiable information of active, senior, recalled, or retired federal judges,
including magistrate judges, bankruptcy judges, administrative law judges,
administrative judges, and immigration judges, and their immediate family who
share their residence, including but not necessarily limited to home addresses or
other personal contact or identifying information. It further urges that all state,
territorial, tribal, and local governments enact similar legislation within their
jurisdictions. Finally, it urges that bar associations and other entities which collect
personally identifiable information about judges voluntarily adopt appropriate
safeguards, such as by declining to publish the home addresses or other personal
contact or identifying information in association membership directories or online
databases without the affirmative consent of the judge.
2. Summary of the Issue which the Resolution addresses.
Currently, there is no federal legislation protecting the personally identifiable
information of active, senior, recalled, or retired judges, and such legislation has
been adopted only in a small minority of state, territorial, tribal, and local
jurisdictions. As a result, dissatisfied litigants or others who disagree with their
judicial decisions can easily discover judges’ home address and harm judges and
their families.
3. An explanation of how the proposed policy position will address the issue.
The proposed policy would address this issue by urging for the adoption of
appropriate legislation at the federal, state, territorial, and tribal levels, and further
urging that bar associations and other entities which collect such information
voluntarily adopt appropriate safeguards with respect to the handling of such
information.
4. A summary of any minority views or opposition internal and/or external to
the ABA which have been identified.
No minority or opposing views have been identified.
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