Subpart 4.3 - Threats Against Court Personnel

A. Threats Against Court Personnel (see also Section in, Subpart 3.4)

It is not unheard of for members of the movement to encounter court personnel, specifically clerks, in their activities of filing suits and liens against public officials and defending themselves from citations or lawsuits. Given the fact that members of the movement have views that often put them in direct opposition to the law and the courts, it should not be surprising that there have been incidences of threats against such officials. Although violence is not common (see section on Violence), there is certainly the potential for such violence, and threats by members of the movement have been known to occur. Threats should be taken seriously, and should be brought to attention of law enforcement as well as reported up the chain of command.

Sometimes members of the movement will make vague, threatening statements, other times there may be a literal threat of violence. Also, such threats may be made to known court personnel not only in the courthouse or clerk's office, but anywhere where the movement encounters such officials (e.g. post office, grocery store). It is not inconceivable that threatening letters or emails may be sent, or even that legal documents filed may themselves involve or constitute such threats. B. Clerk/Personnel Responses

1. Have a System in Place - Courts and court systems should have a system in place for dealing with threats against court personnel and clerks. Such personnel should know the system, be aware of who to contact, and know what constitutes a "threat" within the definition of that system. ALL threats should be reported up the chain of command and to local law enforcement. The threat of violence, a la the Oklahoma City bombing, is real enough that all such threats should be investigated.

2. Ensure Personnel are Trained - Court personnel should be trained to recognize the specific actions and arguments that members of the movement make. Generally, this includes what the liens they file look like, their "UCC __ without recourse" argument, the types of actions they file against public officials, etc. Court personnel should also have some idea of what constitutes a "threat" and what, generally, the law can do about such threats.

3. Do Not Engage the Party - As always when dealing with extremists, the court personnel should be careful not to make a potentially bad situation worse. While it is difficult to stay calm in the face of threats, it is important that personnel avoid engaging in a debate or argument with members of the movement. Calmness and courtesy are the most likely responses to cause de-escalation of a tense situation, and this is no less likely here. Following threats, court personnel should engage the system, report the threat to higher ups and to law enforcement, and deal with the situation as calmly as possible.

4. ALWAYS Inform Law Enforcement or Court Security - Again, given the significant potential for violence by members of the movement, it is important that threats against court personnel be dealt with swiftly and severely. Such response discourages not only the specific individual from further threats, but also the movement in general from doing so. Most jurisdictions will have some sort of statute dealing specifically with attempts to intimidate court personnel, and all will have some sort of general assault statute. Reporting threats to the police also has the benefit of making other branches aware of the operation of the movement in the area.