Introduction on the Bill: To Protect the Safety of Judges by Extending the Authority of the Judicial Conference to Redact Sensitive Information Contained in their Financial Disclosure Reports, and for Other Purposes

Floor Speech

SPEECH OF
HON. JOHN CONYERS, JR.
OF MICHIGAN
IN THE HOUSE OF REPRESENTATIVES
MONDAY, MARCH 14, 2011

Mr. CONYERS. Mr. Speaker, every day, our federal judges make decisions in cases that directly and personally affect lives. They may find someone guilty and sentence that person to a lengthy prison sentence. They may rule against someone for thousands of dollars. Or, they may dismiss a medical malpractice case. Chicago district judge Joan Humphrey Lefkow did the latter and tragically, shortly thereafter, the plaintiff in that case went to her home and murdered her husband and mother in 2005.

One way a disgruntled litigant can learn of a federal judge's home address and avenge a ruling is by requesting a copy of the judge's financial disclosure report under the Ethics in Government Act. Information in financial disclosure reports can reveal the filer's or a family member's residence or regular presence at an unsecured location such as a spouse's place of employment. Fortunately, Section 105(b)(3) of the Ethics in Government Act (5 U.S.C. App), allows the Judicial Conference to redact statutorily required information in a judge's or judiciary employee's financial disclosure report in circumstances where release of the information could endanger the filer or the filer's family.

The Judicial Conference uses its redaction authority carefully. Under the regulations that the Judicial Conference promulgated in accordance with the statute, there must be a clear nexus between a security risk and the information for which redaction is sought, before redaction will be permitted. As required by the statute, the Judicial Conference reports to Congress annually on the number of redactions and the reasons for them, usually involving over 200 judges and judicial employees per year.

This redaction authority is set to expire on December 31, 2011, pursuant to the "Court Security Improvement Act of 2007" (Pub. L. No. 110-177). Allowing this redaction authority to sunset will create tremendous security risks to judges and judiciary employees. Consequently, I am introducing legislation today which would extend the authority of the Judicial Conference to redact sensitive information contained in judges' financial disclosure reports. Where we can prevent tragedies such as Judge Lefkow's from happening, I believe we should. As our federal judges uphold the law, they should not have to worry about whether they or their family members will be harmed.

I, together with my good friends, Representative Cohen and Representative Hank Johnson, ask Members on both sides of the aisle to join me in supporting this critical and timely legislation. We fervently hope that Congress will act expeditiously on it.

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