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The United States Marshals Service (USMS) is a United Statesmarker federal law enforcement agency within the United States Department of Justicemarker (see ) and is the oldest federal law enforcement agency in the United Statesmarker.

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)


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.

History

The offices of U.S. Marshals and Deputy Marshals were created by the first Congress in the Judiciary Act of 1789, the same legislation that established the federal judicial system. 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 Yorkmarker, 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.
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 Unionmarker, and also retrieving North Carolina's copy of the Bill of Rights.

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 Cubamarker 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 Antarcticamarker, although they are not routinely assigned there.

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.

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 Mississippimarker. 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 or an attorney involved in the case.

Duties

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.

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.

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.

Firearms

According to the US Marshal's website, "The U.S. Marshals Service's primary hand gun is the Glock 22 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 2008
The United States Marshals Service is based in Arlington, Virginiamarker, 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.

Executives

A Deputy U.S.
Marshal covers his fellow officers with an M-4 carbine during a "knock and announce" procedure
  • Director of the U.S. Marshals Service: John F. Clark
    • Deputy Director of the U.S. Marshals Service: Brian Beckwith
      • Chief of Staff: Sean Fahey
      • Equal Employment Opportunity (EEO): Joann Grady
      • Office of Communications (OC)
        • Office of Public Affairs (OPA): Jeff Carter, Chief
        • Office of Congressional Affairs (OCA): Doug Disrud, Chief
      • Office of General Counsel (OGC): Gerald M. Auerbach
      • Office of Inspection (OI): Herman Brewer
      • Administration Directorate: Chris Dudley, Associate Director
        • Training Division: Marc A. Farmer, Assistant Director
        • Human Resources Division (HRD): Darla Callaghan, Assistant Director
        • Information Technology Division (ITD): Lisa Davis, Assistant Director
        • Management Support Division (MSD): Don Donovan, Assistant Director
        • Financial Services Division (FSD): Edward Dolan, Assistant Director
        • Asset Forfeiture Division (AFD): Michael A. Pearson, Assistant Director
      • Operations Directorate: Robert J. Finan II, Associate Director
        • Judicial Security Division (JSD): Mike Prout, Assistant Director
        • Investigative Operations Division (IOD): Mike Earp, Assistant Director
        • Witness Security Division (WSD): Sylvester E. Jones, Assistant Director
        • Justice Prisoner and Alien Transportation System (JPATS): Scott C. Rolstad, Assistant Director
        • Tactical Operations Division (TOD): William D. Snelson, Assistant Director
        • Prisoner Operations Division (POD): Candra S. Symonds, Assistant Director


Regional

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), and as many Deputy U.S. Marshals (GS-5 and above) 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

Tools of the trade

OPM Classification

Deputy U.S. Marshals are classified General Schedule (GS) 1811 Criminal Investigators, or a basic 082 Deputy Marshals. 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 a information session, pass a 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 17 1/2 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, they can be found protecting government officials, seizing assets of major crime rings, relocating and providing new identities for witnesses in the federal witness protection program which is headed by the USMS. Through 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

  • United States Marshal—for the top executive Marshal's Service position (political appointment) in a Federal judicial district.
  • Chief Deputy United States Marshal—the senior career manager for the Federal judicial district who is responsible for management of the Marshal's office and staff.
  • Supervisory Deputy United States Marshal—for positions in the Marshals Service responsible for the supervision of three or more deputy U.S. marshals and clerks.
  • Deputy United States Marshal—for all nonsupervisory positions classifiable to this series.


Special Deputy U.S. Marshals

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 Justicemarker; 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 Townshipmarker Police department.

Court Security Officers

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. 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.

The USDOJ Office of Inspector General audited the USMS computer systems. It found that USMS didn't keep an audit trail, didn't have unique passwords, and didn't verify the accuracy of its input data, that a single person can create a file from start to finish, and that its systems are vulnerable to fraudulent use.

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, Georgiamarker on January 11, 1794. 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. The dead are remembered on an Honor Roll permanently displayed at Headquarters.

Other deaths

On March 26, 2009, the body of Deputy U.S. Marshal Vincent Bustamante was discovered in Juarez, Mexicomarker, according to the U.S. Marshals Service. It is the latest discovery in a wave of violence related to the Mexican Drug War. 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.

Notable Marshals

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

Fictional U.S. Marshals



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, 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.

( 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.

See also



Notes

  1. http://www.usmarshals.gov/duties/factsheets/facts.pdf
  2. http://www.law.cornell.edu/uscode/uscode28/usc_sec_28_00000564----000-.htm
  3. POSITION CLASSIFICATION STANDARD FOR UNITED STATES MARSHAL SERIES, GS-0082
  4. Position Classification Standard for General Investigating/Criminal Investigating Series, GS-1810/1811
  5. U.S. Office of Personnel Management 2 United States Marshal Series, GS-0082 TS-14 June 1973
  6. DOL WHD: SCA Occupation Directory - 27010 COURT SECURITY OFFICER
  7. http://www.justice.gov/oig/reports/USMS/a0429/final.pdf
  8. Marshal Robert Forsyth, United States Department of Justice - Marshals Service
  9. http://www.odmp.org/officer.php?oid=16907 Constable Darius Quimby
  10. Edgar Roman, a reporter with XHIJ television in Juarez
  11. http://www.cnn.com/2009/US/03/26/marshal.killed/index.html
  12. http://www.huffingtonpost.com/2009/10/14/sharon-lubinski-first-ope_n_321194.html
  13. Current U.S. Marshals 15 Most Wanted Fugitives
  14. ATF Online - Bureau of Alcohol, Tobacco and Firearms
  15. Current U.S. Marshals Service Major Case Fugitives


External links




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