National Center for Judicial Security
Jan. 11, 2023
The National Center for Judicial Security (NCJS) provides subject matter expertise, training, and development for worldwide endeavors related to court security, the protection of the judicial family, and securing the rule of law.
National Center for Judicial Security is crafted to serve the various needs of national and international law enforcement entities and judiciaries in multiple critical areas, such as behavioral analysis, research and development, training, and intrusion detection.
The products and services offered by National Center for Judicial Security are designed to assist both security teams and protected persons.
National Center for Judicial Security provides a wide range of support services to municipal, city, county, state, federal, and international jurisdictions related to judicial security operations.
National Center for Judicial Security efforts serve as a force multiplier through standardization of tactics, techniques, and procedures, and contribute to a stronger, more unified global court security strategy.
Witness Security
Jan. 11, 2023
The U.S. Marshals Service provides for the security, health and safety of government witnesses, and their immediate dependents, whose lives are in danger as a result of their testimony against drug traffickers, terrorists, organized crime members and other major criminals.
The Witness Security Program was authorized by the Organized Crime Control Act of 1970 and amended by the Comprehensive Crime Control Act of 1984.
The U.S. Marshals Service has protected, relocated, and given new identities to more than 19,000 witnesses and their family members, since the program began in 1971.
The successful operation of this program is widely recognized as providing a unique and valuable tool in the government’s battle against organized crime and terrorism.
Witnesses and their families typically get new identities and funding for basic living expenses and medical care. Job training and employment assistance may also be provided.
The U.S. Marshals Service provides 24-hour protection to all witnesses, while they are in a high-threat environment including pretrial conferences, trial testimonials, and other court appearances.
No Witness Security Program participant, following program guidelines, has been harmed or killed while under the active protection of the U.S. Marshals Service.
Witness Security 2022
The U.S. Marshals Service operates the federal Witness Security Program, sometimes referred to as the “Witness Protection Program.”
Witnesses protected by the Witness Security Program generally testify against major criminal organizations and their members, such as traditional organized crime groups, gangs and terrorist organizations.
The Witness Security Program provides for the security, safety and health of government witnesses and their authorized family members, whose lives are in danger as a result of their cooperation with the U.S. government.
The U.S. Marshals Service provides 24-hour protection to all witnesses while they are in a high-threat environment, including trials and other court appearances.
Witnesses and their families typically get new identities with documentation.
Witnesses may initially receive financial assistance for housing, subsistence for basic living expenses the witness with becoming self-sufficient.
The Witness Security Program has successfully protected approximately 19,000 participants–including innocent victim-witnesses and cooperating defendants and their dependent family members – from intimidation and retribution since the program began in 1971.
To determine who is admitted into the program, all potential witnesses undergo intensive vetting by the following: the sponsoring law enforcement agency, the U.S. Attorney sponsoring the potential witnesses, the U.S. Marshals Service, and the Department of Justice’s Office of Enforcement Operations, which makes the final determination.
No Witness Security Program participant following program guidelines has ever been harmed or killed.
The Witness Security Program is a vital and effective tool in the U.S. government’s battle against organized crime, drug trafficking, terrorism and other major criminal enterprises.
U.S. Marshals Service Witness Security personnel are the leading authorities and foremost experts on witness security matters, providing guidance and training to many government officials throughout the world.
The Witness Security Program was authorized by the Organized Crime Control Act of 1970 and amended by the Comprehensive Crime Control Act of 1984.
Former United States Attorney Stephen R. McAllister
Updated Mar. 31, 2021 | Jan. 11, 2023
Stephen R. McAllister is the former U.S. Attorney for the District of Kansas. Nominated by President Donald Trump and confirmed by the U.S. Senate, he was sworn into office Jan. 25, 2018.
As U.S. Attorney, McAllister is in charge of the U.S. Attorney’s Office for the District of Kansas, which comprises approximately 50 Assistant U.S. Attorneys and 50 support staff members working in offices in Topeka, Kansas City, Kan., and Wichita. His main office is in Kansas City, Kan., and he travels frequently to the other offices.
McAllister has served as the Solicitor General of Kansas and the E.S. & Tom W. Hampton Distinguished Professor of Law at the University of Kansas.
He argued nine times before the Supreme Court of the United States and he has taught constitutional law and federal civil rights law at KU.
He clerked for the Honorable Clarence Thomas and the Honorable Byron R. White of the United States Supreme Court, and the Honorable Richard A. Posner at the United States Court of Appeals for the Seventh Circuit. McAllister received a bachelor’s degree in 1985 from the University of Kansas, and a law degree in 1988 from the University of Kansas School of Law.
[This page is no longer updated.]
U.S. Attorney Stephen McAllister Steps Down Effective February 28
Feb 26, 2021 | Jan. 11, 2023
TOPEKA, KAN. – As requested by the Biden Administration of all presidentially-appointed U.S. Attorneys, United States Attorney for the District of Kansas, Stephen R. McAllister, is resigning his position, effective February 28.
McAllister sent his resignation letter to the President earlier this week, expressing gratitude for the opportunity to serve the United States and Kansas in the U.S. Attorney role, and wishing the President every success as he leads the country.
First Assistant U.S. Attorney Duston Slinkard will become Acting U.S. Attorney following McAllister’s departure.
McAllister said:
“I am leaving what many have rightly described as ‘the best lawyer job there is,’ and I am doing so with great respect for those who work daily to maintain the rule of law in our country. I commend not just the dedicated prosecutors and civil lawyers in my office, but also the conscientious judges, the tireless defense attorneys, and the many brave, selfless women and men who serve in a wide variety of law enforcement positions. Serving as U.S. Attorney has been the highest professional honor of my life and career.”
For the immediate future, McAllister plans to return to the University of Kansas School of Law, where he was a professor for 25 years before becoming U.S. Attorney.
McAllister’s 37-month tenure as U.S. Attorney included some high profile trials and convictions, including three men who plotted to blow up an apartment complex in Garden City inhabited by Somali, Muslim immigrants, a doctor in Wichita who prescribed opioids to addicted persons resulting in at least one overdose death, and the “swatter” from California whose hoax call to Wichita emergency authorities in December 2017 resulted in the fatal shooting of an innocent man on his front porch.
McAllister’s tenure also saw a renewed emphasis on federal and local law enforcement cooperation to fight violent crime, with significant assistance and support from Senator Jerry Moran and his staff. These efforts were supported by substantial new resources and programs flowing into Kansas and the Kansas City region, including the Public Safety Partnership program in Wichita, the creation of the Crime Gun Intelligence Center at Wichita State University, and the establishment of an Organized Crime and Drug Enforcement Strike Force in the Kansas City metro region that works cooperatively across state lines, brings together numerous federal, state and local law enforcement agencies in one location, and has the ability to conduct investigations that reach even outside U.S. borders.
Under McAllister’s leadership and with favorable budget circumstances, the office did more hiring than had been possible in a long time, bringing on board approximately a dozen new attorneys and about the same number of support staff, filling some positions that long had been vacant, and bringing the District to almost full staffing for the first time in decades.
The District’s Civil Division is in a stronger position than ever, and the Criminal Division has the most prosecutors in its history.
McAllister personally drove the reopening of a longstanding, unsolved cold case, the death of Alonzo Brooks, who disappeared after a farmhouse party close to La Cygne, Kansas in April 2004, and was found dead in a nearby creek almost a month later.
In his post-U.S. Attorney life, McAllister plans to continue to support efforts to pursue and solve cold cases by working collaboratively with law enforcement and perhaps even establishing a nonprofit entity to financially support and further such investigations.
Stephen R. McAllister
Counsel, Dentons
D +1 816 460 2516
stephen.mcallister@dentons.com
Stephen McAllister is a counsel for Dentons in the Litigation and Dispute Resolution practice, resident of the Kansas City office.
He is a seasoned appellate litigator, having served as the first and only solicitor of the state of Kansas, and as the State’s Solicitor General from 2007 – 2018.
Stephen has a stellar record in his U.S. Supreme Court practice where he has argued nine cases and notched several victories for Kansas in cases such as Kansas v. Ventris, McKune v. Lile and most recently in Kansas v. Carr.
He also successfully presented oral argument as an amicus for the States in support of the plaintiffs in OneOK v. Learjet, which held the plaintiffs’ state antitrust claims were not preempted by the federal Natural Gas Act.
No stranger to that Court, Stephen clerked for both Justice Clarence Thomas and Justice Byron White at the Supreme Court, as well as for Judge Richard Posner at the United States Court of Appeals for the Seventh Circuit.
Most recently, he served as presidentially appointed and senate confirmed United States Attorney for the District of Kansas from January 2018 – February 2021.
Stephen is also a professor of law at the University of Kansas School of Law, where he teaches constitutional law, civil rights law, torts, and state constitutional law.
He received the Frederick J. Moreau Award for student advising in 1997, and a W.T. Kemper Award for excellence in teaching in 1999 and the Steeples Award for Service to Kansans in 2008. As a scholar, Stephen has written on a variety of constitutional topics, including affirmative action, capital punishment, federalism, and sex offender laws.
Stephen is an elected a Fellow of the American Bar Foundation and a Trustee of the Supreme Court Historical Society.
Experience
While serving as State Solicitor for Kansas, Stephen assisted the Kansas Attorney General’s office in state cases raising important constitutional issues. In both 2001 and 2002, Supreme Court briefs that Stephen authored for the State of Kansas won Best Brief Prizes at the annual summer meeting of the National Association of Attorneys General.
From May 2006 – March 2007, Stephen served as Legislative Counsel for Kansas, advising the legislature regarding legal issues. In that role, he participated in the Kansas school finance litigation in the Kansas Supreme Court, filing a brief on behalf of the Kansas Legislature and presenting oral argument on behalf of the State as a special assistant attorney general. From May 2007 – January 2018, Stephen served as Solicitor General of Kansas in the office of the Kansas Attorney General, briefing and arguing important cases involving abortion, the death penalty, freedom of speech, and right to a jury trial.
Representative Supreme Court And Appellate Litigation
Representing the State in Gannon v. Kansas, Kansas Supreme Court (briefing over the spring and summer, oral argument October 8, 2013)
Representing the state in Kansas v. Swindler, No. 13-52 (cert. petition pending, U.S. Supreme Court) (summer / fall 2013)
Representing Deputy U.S. Marshals in Wright v. United States appeal (8th Cir.) (briefing over the spring and summer, oral argument
Representing the state in Kansas v. Cheever, No. 12-609, Supreme Court of the United States (cert. granted Feb. 25, 2013, merits briefing over the summer, AG to present oral argument on October 16, 2013)
Representing the state defendants in Planned Parenthood v. Templeton, et al. (D. Kan.) (June 2013-Present)
Representing the state defendants in Hodes & Nauser, et al. v. Moser, et al., II (Shawnee County, Kansas) (June 2013-Present)
Represented Kansas in King v. Kansas Judicial Watch, No. 11-829 (Supreme Court of the United States) (2012)
Represented Kansas Insurance Commissioner Sandy Praeger in ACLU v. Praeger, (D. Kan.) (Aug. 2011 – Jan. 2013)
Representing the state defendants in Hodes & Nauser, et al. v. Moser, et al., (D. Kan.) (June 2011-Present), and Shawnee County, Kansas (Nov. 2011-Present)
Co-Counsel on Petition for a Writ of Certiorari in Morrison Enterprises, LLC v. Dravo Corp., No. 11-30, cert. denied.
Have argued before the Tenth Circuit multiple times, including en banc, before the Second Circuit, and before the Eighth Circuit. Oral argument scheduled in the Seventh Circuit (June 2011)
Argued the appeal in Nauman v. Abbott Laboratories and Hospira, Inc., No. 10-2272, and (7th Cir.) (June 6, 2011)
Appointed by the Supreme Court of the United States as Amicus Curiae to Defend the Judgment Below, in Bond v. United States, No. 09-1227 (Nov. 10, 2010) (brief filed Jan. 10, 2011; oral argument, Feb. 22, 2011)
Drafted amicus brief for Kansas and other states in Astra USA, Inc., et al. v. Santa Clara County, No. 09 – 1273, in the Supreme Court of the United States (filed Dec. 20, 2010)
Representing the state defendants in Dool v. Burke (challenge to the constitutionality of the Kansas Judicial Nominating Commission) (U.S. District Court for the District of Kansas, Sept. – Nov. 2010) (U.S. Court of Appeals for the Tenth Circuit, Dec. 2010- 2012) (oral argument on Sept. 13, 2011)
Drafted amicus brief for Kansas joined by 47 States in Snyder v. Phelps in the Supreme Court of the United States (May – June 2010)
Argued the appeal in Rigas v. United States (2d Cir.) (May 2009)
Representing the State of Kansas in the Supreme Court of the United States in Kansas v. Ventris, No. 07-1356 (primary brief writer and presented oral argument for Kansas on Jan. 21, 2009). Kansas prevailed, by a 7 – 2 vote, on April 29, 2009
Representing the State of Kansas in litigation in the Kansas Supreme Court over funeral picketing legislation (Summer – Fall 2007) (State of Kansas ex rel. Morrison v. Sebelius)
Argued for the State of Kansas in In re L.M. in the Kansas Supreme Court, regarding whether there is a constitutional right to a jury trial in juvenile cases (Oct. 25, 2007)
Argued for the State of Kansas in State v. Scott in the Kansas Supreme Court, regarding the constitutionality of the Kansas capital punishment statute (Sept. 4, 2007)
Successfully argued for the State of Kansas in school finance litigation (State v. Montoy) in the Kansas Supreme Court (June 2006)
Drafted the petition for a writ of certiorari, drafted all merits briefs, and argued the cause for Kansas in McKune v. Lile, 536 U.S. 24 (2001)
Drafted the petition for a writ of certiorari, drafted all merits briefs, and second-chaired the oral argument for Kansas in Kansas v. Crane, 534 U.S. 407 (2001)
Drafted the petition for a writ of certiorari and the merits briefs in United States v. Sun-Diamond Growers of California, 526 U.S. 398 (1999), for petitioner United States / Independent Counsel Don Smaltz.
Drafted the merits briefs and argued the cause for the petitioner in Murphy v. United Parcel Service, Inc., 527 U.S. 516 (1999)
Drafted the petition for a writ of certiorari, drafted all merits briefs, and second-chaired the oral argument for Kansas in Kansas v. Hendricks, 521 U.S. 346 (1997)
Argued the cause for the petitioners in O’Gilvie v. United States, 519 U.S. 79 (1996)
Recognition
Honors and Awards
Winner, “Best Brief Award” for Petitioner’s Brief on the Merits written for Kansas in McKune v. Lile, No. 00-1187 (presented annually by the National Association of Attorneys General for the best Supreme Court briefs prepared by states during the past year) (Nemacolin Woods, PA, June 21, 2002
Winner, “Best Brief Award” for Petition for a Writ of Certiorari written for Kansas in Pierce v. Sac & Fox Nation of Missouri, No. 00-556 (NAAG Conference, Burlington, VT, June 21, 2001)
W.T. Kemper Fellowship for Teaching Excellence (Awarded August, 1999)
Recipient, Frederick J. Moreau Student Counseling Award, April 29, 1997 (selected by student bar association in recognition of counseling and advising of law students)
Insights
Author, “The Department of Justice is Born: Its First Three(?) Attorneys General,” 23 Green Bag 2D, Spring 2020
Author, “The Famous Relatives of Supreme Court Justices: An Update,” 22 Green Bag 2D 237, Spring 2019
Author, “The Supreme Court and Superman: The Justices and the Famous People in Their Family Trees,” 21 Green Bag 2D 219, Spring 2018
Author, “Turkey and the Supreme Court of the United States,” published as a chapter in Festschrift to Honor Prof. Dr. Feridun Yenisey, September 2014
Author, “Justice Byron White and The Brethren,” 15 Green Bag 2D 173, 2012
Author, “Standing Up For Mrs. Bond,” 15 Green Bag 2D 3, 2011
Author, “A Marbury v. Madison Moment on the Eve of the Civil War: Chief Judge Roger Taney and the Kentucky v. Dennison Case,” 14 The Green Bag 2D 405, 2011
Author, “Individual Rights Under a System of Dual Sovereignty: The Right to Keep and Bear Arms,” 59 Kansas Law Review 865, 2011
Author, “State Constitutional Law: The Modern Experience” (Thomson-West 2010) (casebook), Holland, McAllister, Shaman & Sutton
Author, “Ask the State Solicitor General: Can the State File a ‘Reply’ Brief When It Takes An Exception In An Original Jurisdiction Case In The Supreme Court of the United States?”, 29 Review of Litigation 537 (2010) (part of University of Texas symposium issue)
Author, “The Supreme Court’s Treatment of Sovereigns as Amici Curiae,” 13 Green Bag 2D 289, Spring 2010
Author, “Can Congress Create Procedures for the Supreme Court’s Original Jurisdiction Cases?”, 12 Green Bag 2d 281, 2009
Author, “Funeral Picketing Laws and Free Speech,” 55 Kansas Law Review 101, 2007
Author, “Some Reflections on the Constitutionality of Sex Offender Laws,” 50 Kansas Law Review 101, 2002
Author, “‘Insider’ Deaning,” 34 University of Toledo Law Review 121, 2002
Author, “Sex Offenders and Mental Illness: A Lesson in Federalism and the Separation of Powers,” 4 Psychology, Public Policy & Law 1, 1998
Author, “The Constitutionality of Sex Offender Registration and Community Notification/Public Access Laws,” 29 Texas Tech Law Review 97, 1998
Author, “The Problem of Implementing a Constitutional System of Capital Punishment,” 43 Kansas Law Review 1039, 1995
Author, “A Pragmatic Approach to the Eighth Amendment and Punitive Damages,” 43 Kansas Law Review 761, 1995
Activities and Affiliations
Presentations
“The Supreme Court of the United States” (presentation to the Self Graduate Fellows program, Kansas Union, August 8, 2017)
“Who Cares what the Federalist Papers Say about Federalism?” (invited panelist at the annual meeting of the Conference of Chief Justices and the Conference of State Court Administrators) (Philadelphia, PA Aug. 6, 2017)
Speaker, “OneOK v. Learjet: A Review of Recent Supreme Court Decisions of Importance to Energy and Environmental Lawyers” (American Bar Association national teleconference, July 9, 2015)
“Due Process Rights and Incorporation” (Scholar lecturer for Bill of Rights Institute Program for Kansas high school teachers) (Topeka, KS, June 9-10, 2015)
“Bankruptcy Constitutional Law Issues” (moderated discussion with the U.S. Bankruptcy Judges of the Western District of Missouri) (Kansas City, MO, March 6, 2015)
“Federalism” (Scholar lecturer for Bill of Rights Institute Program for Kansas high school teachers) (Topeka, KS, June 3-4, 2014)
Panelist, “What Is Free Speech In The Age Of Social Media?” (co-sponsored by KU Provost, School of Journalism, and The Commons, Spooner Hall, Lawrence, KS (March 25, 2014)
Moderator, “KU Constitution Day Celebration – Campaign Finance and the First Amendment” (Dole Institute of Politics, Oct. 8, 2013)
Speaker, “Introduction to Roe v. Wade: The Abortion Rights Controversy in American History” (Kansas City Public Library, Kansas City, MO) (Sept. 19, 2013)
Speaker, “A Supreme Court Update for State Judges” (Colorado State Judicial Conference) (Vail, CO, September 9, 2013)
Moderator, “The Election and the Supreme Court” (panel discussion at the annual meeting of the Southeast Association of Law Schools) (Palm Beach, FL, August 8, 2013)
Panelist, “The Election and the Constitution” (panel discussion at the annual meeting of the Southeast Association of Law Schools) (Palm Beach, FL, August 8, 2013)
“The Bill of Rights and Freedom of Religion” (Scholar lecturer for Bill of Rights Institute Program for Kansas high school teachers) (Wichita, KS, October 23, 2012)
Moderator, “KU Constitution Day Celebration – America and Race: The Status of Affirmative Action Under the U.S. Constitution” (Dole Institute of Politics, Oct. 2, 2012)
Speaker, “PETA v. Kansas State Fair” (Washburn Law School Agricultural Law Society) (Topeka, KS, September 24, 2012)
“The Bill of Rights and Freedom of Religion” (Scholar lecturer for Bill of Rights Institute Program for Kansas high school teachers) (Kansas City, KS, September 20, 2012)
Speaker, “Stolen Valor: United States v. Alvarez and Free Speech” (Brandeis School of Law, Federalist Society Chapter) (Louisville, KY, September 18, 2012)
Speaker, “Supreme Court Roundup” (Washburn Law School Federalist Society Chapter) (Topeka, KS, September 17, 2012)
Speaker, “A Supreme Court Update for State Judges” (Colorado State Judicial Conference) (Vail, CO, September 10, 2012)
Co-Moderator, “Evaluating Justice Thomas After Twenty Years on the Supreme Court” (panel discussion at the annual meeting of the Southeast Association of Law Schools) (Amelia Island, FL, July 30, 2012)
“The Bill of Rights and Free Expression” (Scholar lecturer for Bill of Rights Institute Program for Kansas high school teachers) (Topeka, KS, June 5-6, 2012)
“Is the Federal Healthcare Law Constitutional?” (invited presentation to the Federalist Society Chapter in St. Louis, MO) (April 27, 2012)
“The Federal Healthcare Litigation: A Conversation with Professor McAllister” (invited presentation to the Bridge Group, an association of high level executives in the legal profession) (Kansas City, MO, April 20, 2012)
“The Bill of Rights and Expression” (Scholar lecturer for Bill of Rights Institute Program for Kansas high school teachers) (Wichita, KS, October 25, 2011)
“The Bill of Rights and Expression” (Scholar lecturer for Bill of Rights Institute Program for Kansas high school teachers) (Kansas City, KS, October 20, 2011)
Moderator, “KU Constitution Day Celebration: Is the Federal Healthcare Law Constitutional?” (Dole Institute of Politics, Oct. 6, 2011)
Moderator, “Is it Unconstitutional for States to Prohibit Same Sex Marriage?” (debate jointly sponsored by American Constitution Society and the Federalist Society, KU Law School, Sept. 27, 2011)
“The Lessons of Atticus Finch” (Finale Program for “Read Across Lawrence” focusing on To Kill A Mockingbird, Douglas County Courthouse, April 28, 2011)
“Potential Legal Challenges to the Affordable Care Act” (Presentation to Kansas Health Consumer Coalition conference, Topeka, Kansas, December 9, 2010)
Memberships
American Law Institute
American Bar Foundation Fellows
Adviser, American Law Institute’s project Principles of Election Law: Resolution of Election Disputes
KU Honors Program Speaker
Order of the Coif
Planning Subcommittee of the Appellate Practice Committee of the American Bar Association
Supreme Court Historical Society