United States Marshals Service

United States Marshals Service
Common name Marshal Service
Abbreviation USMS
Usms-seal.svg
Official seal of the US Marshals Service
US Marshal Badge.png
United States Marshal's star badge
Agency overview
Formed September 24th, 1789
Legal personality Governmental: Government agency
Jurisdictional structure
Federal agency United States
Constituting instrument United States Code, Title 28, Chapter 37
General nature
  • Federal law enforcement
  • Civilian agency
Operational structure
Headquarters Arlington, Virginia
Sworn members 94 U.S. Marshals, 3,324 Deputy U.S. Marshals and Criminal Investigators[1]
Agency executives
  • John F. Clark, Director
  • Brian Beckwith, Deputy Director
Parent agency Department of Justice
Website
http://www.usdoj.gov/marshals

The United States Marshals Service (USMS) is a United States federal law enforcement agency within the United States Department of Justice (see 28 U.S.C. § 561). Although the Marshals Service itself dates only to 1969, the office of U.S. Marshal is the oldest federal law enforcement office in the United States.[2]

The USMS is the enforcement arm of the United States federal courts. U.S. Marshals protect court officers and buildings and ensure the effective operation of the judicial system. The US Marshals Service assists with court security and prisoner transport, serves arrest warrants and seeks fugitives.

Contents

History

The U.S. Marshals Service claims to be the oldest law enforcement agency of the federal government in the United States. The Marshals Service itself, as a federal agency, was not created until 1969. It succeeded the Executive Office for United States Marshals, itself created in 1965 as "the first organization to supervise U.S. Marshals nationwide."[3]

However, the office of U.S. Marshal for each judicial district is much older, as old as the federal courts themselves. The office was created by the first U.S. Congress in the Judiciary Act of 1789. Although the Act did not say that the U.S. Marshal was a "law enforcement officer" or a "peace officer," the Act did specify that the U.S. Marshal's primary duty was to execute "all lawful precepts directed to him, and issued under the authority of the United States."[4] The U.S. Marshal for the district served a term of four years but could be removed at pleasure and had the power to appoint deputies, who could be removed by the federal court they served. The U.S. Marshal could also "command all necessary assistance in the execution of his duty."[4]

In a letter to Edmund Randolph, the first United States Attorney General, President George Washington wrote,

Impressed with a conviction that the due administration of justice is the firmest pillar of good Government, I have considered the first arrangement of the Judicial department as essential to the happiness of our Country, and to the stability of its political system; hence the selection of the fittest characters to expound the law, and dispense justice, has been an invariable object of my anxious concern.

Many of the first U.S. Marshals had already proven themselves in military service during the American Revolution. Among the first marshals were John Adams's son-in-law Congressman William Stephens Smith for the district of New York, another New York district Marshal, Congressman Thomas Morris and Henry Dearborn for the district of Maine.

From the earliest days of the nation, Marshals were permitted to recruit Special Deputies as local hires or as temporary transfers to the Marshals Service from other federal law enforcement agencies. Marshals were also authorized to swear in a posse to assist them in manhunts and other duties on an ad hoc basis. Marshals were given extensive authority to support the federal courts within their judicial districts, and to carry out all lawful orders issued by federal judges, Congress, or the President.

The Marshals and their Deputies served subpoenas, summonses, writs, warrants, and other process issued by the courts, made all the arrests, and handled all federal prisoners. They also disbursed funds as ordered by the courts. Marshals paid the fees and expenses of the court clerks, U.S. Attorneys, jurors, and witnesses. They rented the courtrooms and jail space and hired the bailiffs, criers, and janitors. They made sure the prisoners were present, the jurors were available, and that the witnesses were on time.

When Washington set up his first administration and the first Congress began passing laws, both quickly discovered an inconvenient gap in the constitutional design of the government: It had no provision for a regional administrative structure stretching throughout the country. Both the Congress and the executive branch were housed at the national capital; no agency was established or designated to represent the federal government's interests at the local level. The need for a regional organization quickly became apparent. Congress and the President solved part of the problem by creating specialized agencies, such as customs and revenue collectors, to levy tariffs and taxes, yet there were numerous other jobs that needed to be done. The only officers available to do them were the Marshals and their Deputies.

US Marshal Morgan Earp in a 1881 photograph

Thus, the Marshals also provided local representation for the federal government within their districts. They took the national census every decade through 1870. They distributed Presidential proclamations, collected a variety of statistical information on commerce and manufacturing, supplied the names of government employees for the national register, and performed other routine tasks needed for the central government to function effectively. Over the past 200 years, Congress, the President and Governors have also called on the Marshals to carry out unusual or extraordinary missions, such as registering enemy aliens in time of war, sealing the American border against armed expeditions from foreign countries, and at times during the Cold War, swapping spies with the Soviet Union, and also retrieving North Carolina's copy of the Bill of Rights.[5]

Particularly in the American West, individual Deputy Marshals have been seen as legendary heroes in the face of rampant lawlessness (see Famous Marshals, below). Marshals arrested the infamous Dalton Gang in 1893, helped suppress the Pullman Strike in 1894, enforced Prohibition during the 1920s, and have protected American athletes at recent Olympic Games. Marshals protected the refugee boy Elián González before his return to Cuba in 2000, and have protected abortion clinics as required by Federal law. Since 1989, the Marshals Service has been responsible for law enforcement among U.S. personnel in Antarctica, although they are not routinely assigned there.[6]

One of the more onerous jobs the Marshals were tasked with was the recovery of fugitive slaves, as required by the Fugitive Slave Act of 1850. They were also permitted to form a posse and to deputize any person in any community to aid in the recapture of fugitive slaves. Failure to cooperate with a Marshal resulted in a $5000 fine and imprisonment, a stiff penalty for those days. The Oberlin-Wellington Rescue was a celebrated fugitive-slave case involving U.S. marshals. James Batchelder was the second marshal killed in the line of duty. Batchelder, along with others, was preventing the rescue of fugitive slave Anthony Burns in Boston in 1854.

U.S. Marshals accompanying James Meredith to class

In the 1960s the Marshals were on the front lines of the Civil Rights Movement, mainly providing protection to volunteers. In September 1962, President John F. Kennedy ordered 127 marshals to accompany James Meredith, an African American who wished to register at the segregated University of Mississippi. Their presence on campus provoked riots at the university, requiring President Kennedy to federalize the Mississippi National Guard to pacify the crowd, but the marshals stood their ground, and Meredith successfully registered. Marshals provided continuous protection to Meredith during his first year at "Ole Miss," and Attorney General Robert F. Kennedy later proudly displayed a marshal's dented helmet in his office. U.S. Marshals also protected black schoolchildren integrating public schools in the South. Artist Norman Rockwell's famous painting "The Problem We All Live With" depicted a tiny Ruby Bridges being escorted by four towering U.S. marshals in 1964.

Four US Marshals protect a witness in a court hearing

Except for suits by incarcerated persons, non-prisoner litigants proceeding in forma pauperis, or (in some circumstances) by seamen, U.S. Marshals no longer serve process in private civil actions filed in the U.S. district courts. Under the Federal Rules of Civil Procedure, process may be served by any U.S. citizen over the age of 18 who is a not a party involved in the case.

Duties

A US Marshal on a JPATS flight.

The Marshals Service is responsible for apprehending wanted fugitives, providing protection for the federal judiciary, transporting federal prisoners (see JPATS), protecting endangered federal witnesses, and managing assets seized from criminal enterprises. The Marshals Service is responsible for 55.2 percent of arrests of federal fugitives. Between 1981 and 1985, the Marshals Service conducted Fugitive Investigative Strike Team operations to jump-start fugitive capture in specific districts. In 2007, U.S. Marshals captured over 36,000 federal fugitives and cleared over 38,900 fugitive warrants.[7]

The United States Marshals Service also executes all lawful writs, processes, and orders issued under the authority of the United States, and shall command all necessary assistance to execute its duties.

U.S. Marshals also have the common law-based power to enlist any willing civilians as deputies. In the Old West this was known as forming a posse, although under the Posse Comitatus Act, they cannot use soldiers for law enforcement duties while in uniform representing their unit, or the military service. However if a soldier is off duty, wearing civilian clothing, and willing to assist a law enforcement officer on his own behalf, it is acceptable.

Lastly Title 28 USC Chapter 37 § 564. authorizes United States marshals, deputy marshals and such other officials of the Service as may be designated by the Director, in executing the laws of the United States within a State, may exercise the same powers which a sheriff of the State may exercise in executing the laws thereof.[8]

Firearms

According to the US Marshal's website, "The U.S. Marshals Service's primary hand gun is the Glock 22 or Glock 23 in .40 S&W caliber. Each deputy may carry a backup hand gun of their choice if it meets certain requirements." They also are equipped with AR-15s and 12 gauge shotguns.

Organization

Marshals are briefed for Operation FALCON III, 2008
A Deputy U.S. Marshal covers his fellow officers with an M-4 carbine during a "knock-and-announce" procedure

The United States Marshals Service is based in Arlington, Virginia, and, under the authority and direction of the Attorney General, is headed by a Director, who is assisted by a Deputy Director. USMS Headquarters provides command, control and cooperation for the disparate elements of the service.

Headquarters Organization

Regional Organization

The U.S. court system is divided into 94 Districts, each with a U.S. Marshal, a Chief Deputy U.S. Marshal (GS-15) (and an Assistant Chief Deputy U.S. Marshal (GS-14) in certain larger districts), Supervisory Deputy U.S. Marshals (GS-13),[9] and as many Deputy U.S. Marshals (GS-5 and above)[9] and Special Deputy U.S. Marshals as needed. In the US federal budget for 2005, funds for 3,067 deputy marshals and criminal investigators were provided. The US Marshal of a US Circuit Court is the US Marshal in whose district that court is located.

The Director and each United States Marshal is appointed by the President of the United States and subject to confirmation by the United States Senate. The District U.S. Marshal is traditionally appointed from a list of qualified law enforcement personnel for that district or state. Each state has at least one district, while several larger states have three or more.

Deputy U.S. Marshals

Equipment used by the USMS

OPM Classification

Deputy U.S. Marshals are classified General Schedule (GS) 1811 Criminal Investigators,[10] or a basic 082 Deputy Marshals.[9] New Deputies are hired under the Federal Career Internship Program (FCIP). Deputy U.S. Marshals start their careers as 082 series DUSMs at either a GL-5 or GL-7 pay grade. After 1 year in grade they are promoted to GL-7 or GL-9, then GS-11, and finally journeyman GS-12. All deputies will now receive their 1811 status at the GS-11 pay grade. To be considered for a position as a Deputy, an individual must attend an information session, pass an oral board interview, pass an extensive background investigation, pass a medical examination, pass a drug test, pass a pre-hire fitness in total exam (FIT), and finally complete the 17½ week CITP/BDUSM academy at Glynco, GA (FLETC).

Criminal Investigators receive an additional 25% Law Enforcement Availability Pay on top of their base pay.

The progression system for a DUSMs pay scale is finally on par with other federal law enforcement agencies. Modification of this pay scale was implemented in September 2009. This modification is automatic progression to the next higher grade after 1 year in each grade, up to the GS-12 level. Automatic progression to the grade of GS-13 is in the works, and is hopeful for career Deputy U.S. Marshals in the near future.

As of February 2007, all Deputy US Marshal new hires receive Criminal Investigator Training and Basic Deputy US Marshal training at the onset of employment. All previously hired 082 series DUSMs are expected to be converted to 1811 series Criminal Investigator DUSMs by early 2010.

Marshals arrest a suspect

When DUSMs aren't out making street arrests and conducting investigations (they make more FEDERAL arrests than all other federal agencies combined.) The Marshals also make a large percentive of arrests for felons on local charges. When Deputies are not making arrests on the street, they can be found guarding prisoners arrested by other investigative agencies, such as the FBI, protecting government officials, processing seized assets of major crime rings for investigative agencies, relocating and providing new identities for federal witnesses in the federal witness protection program which is headed by the USMS. After Congress passed the Adam Walsh Act, the U.S. Marshals Service was chosen to head up the new federal sex offender tracking and prosecution hot team.

Titles[11]

Special Deputy U.S. Marshals

The Director of the Marshals Service is authorized by 28 U.S.C. § 561(d) (authorizing Director of Marshals Service to appoint "such employees as are necessary to carry out the powers and duties of the Service") to deputize the following individuals to perform the functions of Deputy Marshals: selected officers or employees of the Department of Justice; federal, state or local law enforcement officers; private security personnel to provide courtroom security for the Federal judiciary; and other persons designated by the Associate Attorney General". The first local law enforcement officer to be deputized was Officer William Shields of the Haverford Township Police department.

Court Security Officers

Court Security Officers,[12] are contracted former law enforcement officers who receive limited deputations as armed special deputy marshals and play a vital role in courthouse security. Using security screening systems, CSOs detect and intercept weapons and other prohibited items that individuals attempt to bring into federal courthouses. There are more than 4,700 CSOs with certified law enforcement experience deployed at more than 400 federal court facilities in the United States and its territories.

Detention Enforcement Officer

DEOs (1802s) are responsible for the care of prisoners in USMS custody. They also are tasked with the responsibility of conducting Administrative remedies for the US Marshal. DEOs can be seen transporting, booking and securing federal prisoners while in USMS custody. They also provide courtroom safety and cell block security.

Detention Enforcement Officers are Deputized and fully Commissioned Federal Law Enforcement Officers by the US Marshal. They are authorized to carry firearms and conduct all official business on behalf of the agency. Not all districts employ Detention Enforcement Officers.

Line of duty deaths

More than 200 U.S. marshals, deputy marshals, and special deputy marshals have been slain in the line of duty since Marshal Robert Forsyth was shot dead by an intended recipient of court papers in Augusta, Georgia on January 11, 1794.[13] He was the first US Government Law Officer killed in the line of duty and the third policeman killed since the 1789 founding of the American Republic—the first being Constable Darius Quimby in 1791.[14] The dead are remembered on an Honor Roll permanently displayed at Headquarters.

Scandals in the USMS

On March 26, 2009, the body of Deputy U.S. Marshal Vincent Bustamante was discovered in Juarez, Mexico, according to the U.S. Marshals Service. Bustamante, who was accused of stealing and pawning government property, was a fugitive from the law at the time of his death. Chihuahua State Police said the body had multiple wounds to the head—apparently consistent with an execution-style shooting.[15][16]

In January 2007 Deputy US Marshal John Thomas Ambrose was charged with theft of Justice Department property, disclosure of confidential information, and lying to federal agents during an investigation. Deputy Ambrose was in charge of protecting mobster turned informant Nicholas Calabrese who was instrumental in sending three mob bosses to prison for life.[17]

A federal jury convicted Ambrose on April 27, 2009 of leaking secret government information concerning Calabrese to William Guide, a family friend and former Chicago police officer who coincidently served time in prison himself back in the 80's on corruption charges. Ambrose also was convicted of theft of government property. He was acquitted of lying to federal agents.[18]

On October 27, 2009 Ambrose was sentenced to serve four years in prison.[19]

Chief Deputy US Marshal (inactive) Matthew Fogg, an African-American, won a landmark EEO and title VII race discrimintation and retaliation lawsuit against Janet Reno's Justice Department in 1998, awarding him $4 million. The jury found the entire USMS to be a "racially hostile environment" which discriminates against African-Americans in its promotion practices. US District Judge Thoms P Jackson summarized the jurors' decision by stating that they felt there was an "atmosphere of racial disharmony and mistrust within the United States Marshal Service"[20][21] Today Fogg is president of "Bigots with Badges",[21] executive director of CARCLE (Congress Against Racism and Corrupt Law Enforcement) and is also associated with Law Enforcement Against Prohibition (LEAP) a drug law reform organization of law enforcement officers.[22]

Notable Marshals

Some famous or otherwise noteworthy U.S. Marshals include:

Fugitive programs

15 Most Wanted

The Marshals Service publicizes the names of wanted persons it places on the list of U.S. Marshals 15 Most Wanted Fugitives,[24] which is similar to and sometimes overlapping the FBI Ten Most Wanted Fugitives list or the Bureau of Alcohol, Tobacco, Firearms, and Explosives Most Wanted List, depending on jurisdiction.[25]

(15 Most wanted website)

The 15 Most Wanted Fugitive Program was established in 1983 in an effort to prioritize the investigation and apprehension of high-profile offenders who are considered to be some of the country’s most dangerous fugitives. These offenders tend to be career criminals with histories of violence or whose instant offense(s) pose a significant threat to public safety. Current and past fugitives in this program include murderers, sex offenders, major drug kingpins, organized crime figures, and individuals wanted for high-profile financial crimes.

Major cases

The Major Case Fugitive Program was established in 1985 in an effort to supplement the successful 15 Most Wanted Fugitive Program. Much like the 15 Most Wanted Fugitive Program, the Major Case Fugitive Program prioritizes the investigation and apprehension of high-profile offenders who are considered to be some of the country’s most dangerous individuals. All escapes from custody are automatically elevated to Major Case status.[26]

References in Pop Culture

Out Of Sight by Elmore Leonard tells the story of a romance between a US Marshall and a bank robber. The book was made into a movie staring George Clooney, Jennifer Lopez and Ving Rhames. The character of the US Marshall was later reprised by Carla Gugino in the short-lived TV series Karen Sisco.

The Fugitive (1993 film) is a 1993 American film based on the television series of the same name. The film was directed by Andrew Davis and stars Harrison Ford as Dr. Richard Kimble, and Tommy Lee Jones as Deputy United States Marshal Samuel Gerard.

U.S. Marshals (film) is a 1998 action thriller film starring Tommy Lee Jones and Wesley Snipes, and is a sequel to The Fugitive.

On June 1, 2008, USA Network, owned by NBC, launched In Plain Sight, a drama showcasing the Federal Witness Protection Program (WITSEC).

In the Fall of 2010, NBC is launching a new show, Chase, which follows U.S. Marshal Annie Frost. [27]

In 2010, FX Network aired the television series Justified following the life of US Marshal Raylan Givens (played by Timothy Olyphant, who also played another U.S. Marshal, Seth Bullock, in the TV series Deadwood).

See also

Notes

  1. ↑ "Fact Sheet: United States Marshals Service" (PDF). usmarshals.gov. http://www.usmarshals.gov/duties/factsheets/2009/facts_figures_0409.pdf. Retrieved 2009-08-29. 
  2. ↑ "Records of the United States Marshals Service". archives.gov. http://www.archives.gov/research/guide-fed-records/groups/527.html. Retrieved 2010-06-09.  "Fact Sheets: General Information". usmarshals.gov. http://www.usmarshals.gov/duties/factsheets/general-1209.html. Retrieved 2010-06-26. 
    While the first colonial postal service Surveyors were appointed in 1772, they were not deemed Special Agents until 1801, and were organized as the United States Postal Inspection Service in 1830. A Chronology of the United States Postal Inspection Service
  3. ↑ "Records of the United States Marshals Service". archives.gov. http://www.archives.gov/research/guide-fed-records/groups/527.html. Retrieved 2010-06-09.  See also "Marshals Service Organizational Chart". justice.gov. http://www.justice.gov/jmd/mps/manual/usms.htm. Retrieved 2010-06-09. 
  4. ↑ 4.0 4.1 Judiciary Act of 1789 § 27.
  5. ↑ "History in Custody: The U.S. Marshals Service Takes Possession of North Carolina’s Copy of the Bill of Rights". United States Marshals Service: Historical Perspective. usmarshals.gov. http://www.usmarshals.gov/history/north_carolina_bill_of_rights.htm. Retrieved 2007-01-08. 
  6. ↑ "U.S. Marshals make legal presence in Antarctica". United States Marshals Service: Historical Perspective. usmarshals.gov. http://www.usmarshals.gov/history/antarctica/. Retrieved 2007-01-08. 
  7. ↑ USmarshals.gov
  8. ↑ Cornell University
  9. ↑ 9.0 9.1 9.2 Position classification standard for United States marshal series, GS-0082
  10. ↑ Position Classification Standard for General Investigating/Criminal Investigating Series, GS-1810/1811
  11. ↑ U.S. Office of Personnel Management 2 United States Marshal Series, GS-0082 TS-14 June 1973
  12. ↑ DOL WHD: SCA Occupation Directory - 27010 Court Security Officer
  13. ↑ Marshal Robert Forsyth, United States Department of Justice - Marshals Service
  14. ↑ Constable Darius Quimby
  15. ↑ Edgar Roman, a reporter with XHIJ television in Juarez
  16. ↑ CNN.com
  17. ↑ HuffingtonPost.com
  18. ↑ Suntimes.com
  19. ↑ ChicagoTribune.com
  20. ↑ Ramea7.com
  21. ↑ 21.0 21.1 BWbadge.com
  22. ↑ Leap.cc
  23. ↑ HuffingtonPost.com
  24. ↑ Current U.S. Marshals 15 Most Wanted Fugitives
  25. ↑ ATF Online - Bureau of Alcohol, Tobacco and Firearms
  26. ↑ Current U.S. Marshals Service Major Case Fugitives
  27. ↑ [1] Chase/NBC.com

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