Marshals of the Court

U.S. marshals date to the Judiciary Act of 1789, under which President George Washington appointed the first thirteen. Marshals protect judges and other participants in federal trials and may also serve warrants, make arrests, and enforce court orders and federal laws. Marshals helped collect the taxes that led to the Whiskey Rebellion, captured fugitive slaves, protected the rights of freed slaves after the Civil War, enforced law on the western frontier, seized alcohol during Prohibition, accompanied freedom riders, and escorted African‐American students integrating schools. The exploits of frontier marshals and deputies like Bat Masterson, Doc Holliday, Wyatt Earp, and Wild Bill Hickok have often overshadowed routine functions, some of which have been assumed by more specialized agencies like the Secret Service and the Federal Bureau of Investigation. Current functions of marshals include transporting and assigning federal prisoners and operating a Witness Protection Program.

The Supreme Court affirmed broad authority for marshals in In re Neagle (1890) by ordering the release of a marshal who had killed a man while defending Justice Stephen Field. The Court cited the president's broad powers under Article II, section 3 to “take Care that the Laws be faithfully executed”—even absent specific statutory authority for marshals to protect justices.3

The president appoints marshals, subject to Senate confirmation, to four‐year terms. The attorney general supervises marshals, thus making executive resistance to judicial orders possible. Today there is one U.S. marshal for each of the ninety‐four judicial districts and about 2,100 career deputies.

Ten marshals have served since the office of the Marshal of the Supreme Court was created in 1867. When she was appointed as marshal in 2001, Pamela Talkin became the first woman to serve in the position. In addition to being responsible for keeping order in the court, Talkin is the business and payroll manager and oversees maintenance and security at the Court with a current staff of more than 350 employees.

See also Staff of the Court, Nonjudicial.

— John R. Vile