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id . * . 1 Qrtiias Foam 40. 18 5010-106 oN UNITED STATES od ayment : \ \ ons . - Mohr | Memorandum cane : . . Callahen — t Conrad : Felt To : ’ hr ; : 13/70 ale Mr. Mo DATE: 4/13/70 tee : Sullivon Tavel FROM ve . Tele, Room —— Holmes oy supjecr: KILLING A FEDERAL OFFICER qt JUSTICES OF T UPREME COURT The General Investigative Division raised a question on Title 18, U.S. Code, section 1114, entitled "Protection of Officers and Employees of the United States" and which reads in pertinent part as follows: "Whoever kills any judge of the United States...shall be punished as provided...."" The section does not mention the Chief Justice of the United States or the position of Justice of the Supreme Court. Question: Would the murder of the Chief Justice or of any associate justice be punishable under this section? We have concluded that it would, for the reasons show: below. The term "judge," which the section uses, is generic; it includes a justice. According to Bouvier's Law Dictionary, a judge is a "public officer lawfully appointed to decide litigated questions according to law" and ''the judges of the federal and state supreme courts are properly styled ‘justices.’ " According to % Black's Law Dictionary, Revised Fourth Edition, the term "justice" is "the title giver in England to the judges of the king’s bench and the common pleas, and in America ; to the judges of the supreme court of the United States and of the appellate courts of , many of the states." Q \ Q It has been held in New York and in Georgia, where the question of the meaning of the words has been raised, that "justice and "judge" are interchangeable. See Words and Phrases on judge and on justice. The United States Code provides for the Chief Justice and the associat” justices of the Supreme Court to be assigned to Federal circuits. In each of the Federal circuits "the circuit justice and justices or judges designated or assigned shall also be competent to sit as judges of the coyrt," Title 28, U.S. Code, sections 42, 43. ESE, Pee , NOT RECORDED a. It was while Justice Field w@9 PG¢ib?ml his duty as a circuit judge — i that there arose one of the landmark cases on power of the Federal government to of protect judges. Justice Field journeyed from The Supreme Court in Washington to | 1 - Mr. DeLoach ‘| 1- Mv; sen (Attention: iy mie piv . & 5 TAPR'Q2 rh