Subpart 4.4 - Violent Actions

A. Members of the Movement Become Violent

Fortunately, violence by members of the movement against court personnel is not a common occurrence. It is, however, a distinct possibility, particularly given the increasing membership in the movement and the gradual diversification of the membership makeup among various racial, ethnic and socioeconomic backgrounds. Furthermore, many strains of the movement openly advocate violence to achieve their goals, many have huge sums of money, and at least a few are known to stockpile weapons. Finally, incidents including bombings of federal buildings, sieges in large private "compounds," rallies, parades, common-law court death sentences, and even shootouts with law enforcement make the possibility of violence by members of the movement a clear possibility.

B. Clerk Responses

1. Training/Support for Personnel - Conceptually, there is no real reason to view violence by members of the movement any differently than violence by anyone else. In this case it is only important that court personnel are aware that this particular part of the population has significant potential to engage in violence. They should be taught the signs to recognize members of the movement (see section on Appearance Before Court Personnel. Generally, the types of documents they file, the arguments they make, the "UCC without recourse" attached to their signature, etc.). A specific procedure should be created for dealing with incidences of violence. Personnel should be aware of the chain of command and should know for certain who they should contact in the event of an act of violence.

2. Preventive Measures - It is not at all clear how such violence can be prevented, other than making sure that clerks and other personnel avoid contact with members of the movement. Making the presence of security obvious enough that it can be felt and known may prevent violence against court personnel. Ensuring that personnel remain calm and courteous with members of the movement, and that they are able to provide what they are required to provide might also reduce the possibility of violence.

3. Involve Law Enforcement IMMEDIATELY - Where there is violence or likelihood of violence, law enforcement should be brought to bear as soon as possible. Most states (and the federal government, for that matter) have statutes specifically targeting threats or intimidation against court personnel, all have statutes for assault, assault and battery, assault with a deadly weapon, and conspiracy. Those who perpetrate violence against court personnel should be prosecuted to the full extent of the law, not only to ensure that they are punished, but also to make clear to other members of the movement that such activities will have far-reaching consequences.