| United States Marshals Service | |
| Common name | Marshals Service, U.S. Marshals |
| Abbreviation | USMS |
| Official seal of the US Marshals Service | |
| United States Marshal's star badge | |
| Agency overview | |
|---|---|
| Formed | September 24, 1789 |
| Legal personality | Governmental: Government agency |
| Jurisdictional structure | |
| Federal agency | United States |
| Constituting instrument | United States Code, Title 28, Chapter 37 |
| General nature |
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| Operational structure | |
| Headquarters | Arlington, Virginia |
| Sworn members | 94 U.S. Marshals, 3,953 Deputy U.S. Marshals and Criminal Investigators[1] |
| Agency executives |
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| Parent agency | Department of Justice |
| Website | |
| www.justice.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). The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789. It assumed its current name in 1969.[3]
The Marshals Service is part of the executive branch of government, and is the enforcement arm of the United States federal courts. The U.S. Marshals are responsible for the protection of court officers and buildings and the effective operation of the judiciary. The service also assists with court security and prisoner transport, serves arrest warrants, and seeks fugitives.
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The U.S. Marshals Service is 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][4]
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 United States 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."[5] 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."[5]
In a letter to Edmund Randolph, the first United States Attorney General, President George Washington wrote,
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 ad hoc. 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 writs (e.g. subpoenas, summonses, 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 other localities. 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.
The Marshals thus 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.
Congress, the President, and Governors have called on the Marshals for over 200 years 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.[6]
Individual Deputy Marshals, particularly in the American West, 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. The Marshals Service has been responsible for law enforcement among U.S. personnel in Antarctica since 1989.[7]
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 significant penalty in 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.
The Marshals were on the front lines of the Civil Rights Movement in the 1960s, 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 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.
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.
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.[8]
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.[9]
According to the U.S. Marshal's website, the primary handgun for Marshals is the Glock 22 or Glock 23 in .40 S&W caliber, and each deputy may carry a backup handgun of their choice if it meets certain requirements. Members of the US Marshal SOG Teams are armed with M1911A1 Springfield TRP Pistol (.45 ACP). Marshals are also equipped with AR-15s and 12-gauge shotguns.
There are also sources that claim the Marshals are known to use the Glock 19, being a compact 9x19mm pistol.
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.
The U.S. court system is divided into 94 federal judicial district, each with a district court. For each district there is a presidentially-appointed and Senate-confirmed United States 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),[10] and as many Deputy U.S. Marshals (GS-5 and above)[10] and Special Deputy U.S. Marshals as needed. In the United States federal budget for 2005, funds for 3,067 deputy marshals and criminal investigators were provided. The U.S. Marshal for United States courts of appeals (the 13 circuit courts) is the U.S. Marshal in whose district that court is physically located.
The Director and each United States Marshal are 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 are classified General Schedule (GS) 1811 Criminal Investigators,[11] or a basic 082 Deputy Marshals.[10] 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 one 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, Georgia (FLETC).
Criminal Investigators receive an additional 25% Law Enforcement Availability Pay on top of their base pay.
The progression system for a DUSM's 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 one 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.
When Deputies are not making arrests on the street, they can be found guarding prisoners arrested by other investigative agencies, such as the Federal Bureau of Investigation or Immigration and Customs Enforcement, protecting government officials, processing seized assets of major crime rings for investigative agencies, relocating and providing new identities for federal witnesses in the United States 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.
This title was created for promotions within the service usually for senior non-supervisory personnel. Senior Deputy U.S. Marshals (DUSM) assigned to the Witness Protection Program are given the title Inspector. Senior DUSM's assigned to Regional Fugitive Task Forces or working in special assignments requiring highly skilled criminal investigators often receive the title Inspector. Inspectors receive a GS-13 pay grade level. The titles of Senior Inspector and Chief Inspector are also sometimes used in the service for certain assignments and positions within the agency.
The Director of the Marshals Service is authorized by (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 are contracted former law enforcement officers who receive limited deputations as armed special deputy marshals and play a vital role in courthouse security.[12] 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.
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.
The Special Operations Group (SOG) is a specially trained and highly disciplined tactical unit of the US Marshals Service. It is a self-supporting response team capable of responding to emergencies anywhere in the United States or its territories. Most of the deputy marshals who have volunteered to be SOG members serve as full-time deputies in Marshals Service offices throughout the nation, and they remain on call 24 hours a day for SOG missions. The SOG also maintains a small, full-time operational cadre stationed at the Marshals Service Tactical Operations Center at Camp Beauregard, LA. There, all SOG deputies undergo extensive, specialized training in tactics and weaponry. These deputies must meet rigorous physical and mental standards. The group's missions include: apprehending fugitives; protecting dignitaries; providing court security; transporting high-profile and dangerous prisoners; providing witness security; and seizing assets.
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.[14] The dead are remembered on an Honor Roll permanently displayed at Headquarters.
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 had been 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 had also served time in prison for corruption. Ambrose also was convicted of theft of government property but 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, a Black man, won a landmark EEO and title VII race discrimination and retaliation lawsuit against Janet Reno's Justice Department in 1998, winning $4 million. The jury found the entire USMS to be a "racially hostile environment" which discriminates against Blacks 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] As of 2011, Fogg is president of "Bigots with Badges",[21] and executive director of CARCLE (Congress Against Racism and Corruption in Law Enforcement), and is also associated with Law Enforcement Against Prohibition (LEAP), a drug law reform organization of law enforcement officers.[22]
An audit by the Office of Inspector General (OIG) (November 2010) of the Justice Department found "...weaknesses in the USMS's efforts to secure federal court facilities in the six USMS district offices we visited".[23]
The report found, among other things, that the USMS Judicial Security Division had contracted private security firms to provide CSOs (Court Security Officers) without having completed background checks. Another incident involved the USMS awarding a $300 million contract to a firm that had a known history of numerous criminal activities leading to convictions for mail fraud and bank fraud and false insurance claims in addition to a civil judgment against its Chief Financial Officer.
Technical problems included CSOs not being properly trained on security screening equipment, which also meant equipment not being used. The OIG noted that in February 2009, several courthouses failed to detect mock explosives sent by USMS HQ in order to test security procedures. They also found that eighteen percent of CSOs had outdated firearms qualifications.
Some famous or otherwise noteworthy U.S. Marshals include:
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]
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.
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]
The 1993 film The Fugitive, and its 1998 sequel U.S. Marshals, follow the operations of a fictional unit of U.S. Marshals, led by Tommy Lee Jones as Deputy United States Marshal Samuel Gerard.
The American/Australian science-fiction television series Time Trax - aired from 1993-1994 - featured time-traveling police detective Darien Lambert from two centuries in the future, traveling back to present day to apprehend fugitives plotting misdeeds with 22nd-century technology and return them to their proper time. His cover in present day was as a U.S. Marshal, as it is the role of that office to apprehend fugitives.
The novel Out of Sight by Elmore Leonard tells the story of a romance between a U.S. Marshal and a bank robber. In 1998, the book was made into a movie staring George Clooney, Jennifer Lopez and Ving Rhames. The character of the U.S. Marshal was later reprised by Carla Gugino in the short-lived TV series Karen Sisco.
In 2006 the SciFi Channel launched the original series Eureka in which the main protagonist is a United States Marshal named Jack Carter, and set in the fictional town of Eureka. Jack stumbles on the highly secure location where the government works on super high-tech programs, and in the course of assisting with an investigation, becomes the town sheriff.
In 2008, USA Network (owned by NBC) launched In Plain Sight, a drama showcasing the United States Federal Witness Protection Program (WITSEC).
In 2010, FX Network aired the television series Justified following the life of Deputy US Marshal Raylan Givens (played by Timothy Olyphant, who also played another U.S. Marshal, Seth Bullock, in the TV series Deadwood).
In 2011, Adult Swim aired the satirical television series Eagleheart, following cases on US Marshals Chris Monsanto (Chris Elliott), Susie Wagner (Maria Thayer), and Brett Mobley (Brett Gelman, and parodies many cop shows, most notably Walker, Texas Ranger. It is also produced by Conan O'Brien's company Conaco.
In the fall of 2010, NBC launched a new drama, Chase, which follows U.S. Marshal Annie Frost.[27]
Beginning in 2004, the character Edward Mars in Season 1 and Season 6 of the TV series Lost portrays a U.S. Marshal obsessed with apprehending Kate Austen, a character who has murdered her abusive stepfather and previously escaped from the same marshal.
Since 2008, A&E Network has aired Manhunters: Fugitive Task Force, following the NY/NJ Regional Task Force of the US Marshal Service
The 2010 movie, True Grit, follows fictional Deputy US Marshal Rooster Cogburn, played by Jeff Bridges, as he tracks down a fugitive; it is a remake of a 1969 movie of the same name, with fictional Deputy US Marshal Rooster Cogburn being played by John Wayne.
From 1955 to 1975 Gunsmoke ran on CBS, about Matt Dillon, a U.S. Marshal for Dodge City, Kansas. Dillon was played by James Arness, who died June 3, 2011, and who was awarded two honorary US Marshal Badges by the Marshals Service.[28]
In the 1999 film Wild Wild West, Kevin Kline plays Artemus Gordon, a US Marshall known for his crazy inventions, who is after a fugitive named Dr. Loveless.
The upcoming 2012 video game, Prey 2, published by Bethesda Softworks, features a U.S. Marshal named Kilian Samuels who is one of the victims of alien abduction portrayed in the 2006 game Prey. Set several years after the first game, he works as a bounty hunter, apprehending interstellar fugitives of varying species just as he did on Earth as a Marshal.
Fictional character Morgan Kane is described as a US Marshal in more than 15 of the 83 books in the Morgan Kane book series, penned by Louis Masterson.
The 2010 film Shutter Island, an adaptation of the novel of the same name, features two of its main characters as U.S. Marshals.