Enhancing Personal Security in the Legal Profession: Threats, Laws, and Strategies
This presentation by Ned Mangum, a District Court Judge, sheds light on the importance of personal security in the legal profession. It covers laws related to personal security, common misconceptions, civil and criminal law aspects, real-life examples of violence against lawyers, and strategies to enhance security. The content serves as a valuable resource for legal professionals to understand potential threats and ways to safeguard themselves in their line of work.
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Presentation Transcript
Personal Security and the Legal Profession By Ned Mangum District Court Judge
DISCLAIMER I am not a security expert. This presentation is based on research and my 18 years of observations in the legal profession as an ADA, District Court Judge and as DA. Any concerns about your safety should always be shared with Law Enforcement.
CLE Section Discuss Laws related to Personal Security Safety Section Discuss types of threats against lawyers Discuss strategies to enhance security Discuss what to do if you are targeted
Most famous case of violence against a lawyer happened in North Carolina in 1991 and was caught on video.
WHATARECOMMONMISCONCEPTIONS ABOUTSECURITY? It can t happen to me It s part of the job If it s going to happen, it s going to happen Nothing I do will help, so why bother
CIVIL LAW RELATEDTOPERSONALSECURITY 50C No Contact Orders Workplace Violence Prevention Act Concealed Weapons Law
CRIMINALLAW RELATEDTOPERSONAL SECURITY Misdemeanor and Felony Stalking Do not forget that when a 50C is in place, misd. stalking becomes a felony Felony Assault on a Court Officer How can we improve this law? Communicating Threats
REALLIFEEXAMPLESOFVIOLENCEAGAINST LAWYERS In Indiana, a family lawyer was attacked with a syringe containing a lethal poison. In Mississippi, a civil lawyer was shot during a deposition. In Oklahoma, a lawyer shot and killed a man in self defense after an attack. In Illinois, a Judge was murdered during a bombing at her home. In Alabama, a city attorney was shot and killed in his office.
REALLIFEEXAMPLESOFVIOLENCEAGAINST LAWYERS (CONT.) In Texas, a Judge was ambushed and murdered in front of her home. In Delaware, a man attempted to hire an undercover officer to kill the defense attorney and prosecutor in his case. In Massachusetts, a gang prosecutor was shot and killed the day before trial outside a commuter rail station. In Kentucky, an ADA was killed in a home invasion hours before a sexual assault trial. In Texas, an ADA was killed walking back from lunch to the Courthouse.
SURVEYOFVIOLENCEANDTHREATSOF VIOLENCEAGAINSTATTORNEYS Survey received 4,219 responses 1,529 respondents (36.2 percent) reported they had been threatened or physical assaulted at least once Statistics taken from article: Violence Against the Michigan Legal Profession; Stephen D. Kelson
WHATABOUTNORTHCAROLINA? A man drove a truck filled with gas and propane into his ex- girlfriend s lawyer s office. A man sentenced for rape threatened his defense attorney on the anniversary of his conviction for years after his release. A prisoner orchestrated the kidnapping of an ADA s father.
WHATABOUTNORTHCAROLINA (CONT.) The same man attempted to kidnap his defense attorney s sister. A man overpowered a guard and was able to fire shots inside the Courtroom. A man attacked his attorney in Court. The defendant was convicted of attempted murder.
TYPESOFTHREATSANDATTACKS Open source/Public Records Research involves research, collection, and dissemination of personal information pertaining to law enforcement and/or justice officials by adversary using internet, public records, and other data sources Receipt of Inappropriate/Threating Communications and Unsolicited Contacts involves adversary sending correspondence or attempting communication (packages, parcels, letters, electronic communications, telephone/voicemail) where communication is unwanted, unwarranted, and/or threatening Filing a False/Fraudulent Legal Action involves tactics associated with sovereign citizen movement, commonly including filing false liens and/or law suits intended to harass.
TYPESOFTHREATSANDATTACKS (CONT.) Drive-by Shooting at Residence involves adversary firing small arms from moving/stationary vehicle at target s residence or target when arriving/departing residence on foot or in vehicle Walk-up Shooting at Residence involves small arms attack with adversary approaching on foot, while target arrives/departs from residence on foot or in vehicle Home Invasion involves adversary, acting alone or in small group, forcibly entering target s residence with intent to assault/kill target or his/her family
TYPESOFTHREATSANDATTACKS (CONT.) Drive-by Shooting at Workplace involves adversary firing small arms from moving/stationary vehicle while target awaits entry/exit into WCJC or transit in immediate area of WCJC Walk-up Shooting at Workplace Around the Courthouse involves approaching target in lobby of public/unsecured area or on sidewalks/venues surrounding Courthouse Inside the Courthouse Wake County has Security Screening upon entry, possibly still exists for person assaulted in Court (i.e. Defendant overtake LEO) Vehicle Assault involves adversary using one or more vehicles to stop target s vehicle at a chokepoint, coupled with use of small arms
TYPESOFTHREATSANDATTACKS (CONT.) Cyber Attacks attacks to the computer internet or phone systems Frivolous Complaints complaints to bar associations, meritless lawsuits, and letters to Judges and/or 3rdparties or postings on social media
WHATTOLOOKFOR: THREAT MANAGEMENTAND MONITORING Over Threats/Threating Language, to include: Use of profanity, derogatory language, and/or racial slurs Threats of violence (veiled or overt) Unusual Direction of Interest in Target, to include: History between author/target Special destiny between author/target Belief by author that target is/has communicated Religious and/or historical themes Overt or veiled references to death, suicide, or weapons Extreme or obsessive love interest in target Obsessive/persistent desire to contact/meet target Allegations of debt owed by target (money or moral) Allegations target is believed to be someone else Reference to previous persons targeted/attacked/assassinated Reference to persons varied out the above attacks Reference to previous unsuccessful contact attempts Mental Illness/Emotional Disturbance Unusual request for assistance, warning of danger, claim to access secret information
SAFETYPLANS Simple Safety Plan in the Handout Security Incident Reports Home and Office Security Systems Centralize Collection of any Suspicious Activity Active Shooter Training Talk to your family about these issues
PERSONALSAFETYREFERENCESAND HANDOUTS Three articles regarding Safety and the Legal Profession: Violence Against the Michigan Legal Profession Preventing Targeted Violence Against Judicial Officials and Courts Violence Against the Nevada Legal Profession Personal Security Guide from the State Department for Overseas Worker Book reference: The Gift of Fear, by: Gavin Debecker
