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Easy pass for attorneys

August 1, 2024

By Dimarie Alicea-Lozada

Many courts, like airports, now offer speed lanes to allow prescreened individuals to proceed more rapidly through security checkpoints to their destination. The specifics of these programs, including who is eligible for a pass and whether a pass means bypassing security or using an express lane, vary widely. Express lanes are typically accompanied by policies that define who is eligible to use the express lane and infrastructure required operate the express lane. Some versions of the express lane include electronic turnstiles, badge readers, and screening equipment that allow the court to conduct randomized and intermittent screening to add a layer of accountability.

It should be noted that in terms of access to courthouses, NCSC recommends “universal screening” to everyone entering a court building, including judges, elected officials, court staff, attorneys, and police officers. See Steps to Best Practices for Court Building Security.

With security top of mind, are state courts able to replicate the systems that TSA has implemented and allow some court officials, like attorneys, to use an express lane or a bypass lane? Some courts have started.

New York Courts introduced the Secure Pass ID Card for all attorneys in the state. The Secure Pass ID Cards allow holders to access New York State courthouses without magnetometer screening. It is a voluntary process, and attorneys need to complete an application. The $50 processing fee includes an electronic criminal history background check. The first time they apply for the ID, they must appear in person, but renewals can be made electronically. The ID can be used only for official matters, not personal matters.

The Circuit and Superior Courts of Marion County, Indiana established the Attorney Identification Card (I.D. Card), by which attorneys can bypass the security screening lines and gain direct entry to the city-county building. The I.D. Card has conditions such as an agreement by the attorney not to bring firearms, knives, or any weapons to the court building. The attorney must abide by the Rules of Professional Responsibility and the responsibilities of an officer of the court. The application fee is $85 and expires every 3 years.

The Attorney and Bondsman Photo ID program in Travis County, Texas was established by the sheriff’s office for attorneys and bondsmen who frequent the court facilities. When they show their IDs, they are able to bypass the security check at all county-owned or county-leased building entrances with one exception, the Heman Marion Sweatt Courthouse. The application includes a background check.

Is your courthouse considering implementing an ID Pass? Share your experiences with us. For more information, contact knowledge@ncsc.org or call 800-616-6164. Follow the National Center for State Courts on Facebook, X, LinkedIn, and Vimeo. For more Trending Topics posts, visit ncsc.org/trendingtopics and subscribe to the LinkedIn newsletter.