Norton Asks U.S. Marshal, Superior Court to Update Eviction Policies After Sensitive Tax Documents Were Left on Curb

WASHINGTON, D.C.—The office of Congresswoman Eleanor Holmes Norton (D-DC) today released Norton's letter to U.S. Marshal for the District of Columbia Superior Court Michael Hughes and D.C. Superior Court Chief Judge H. Carl Moultrie Courthouse regarding an incident in which tax documents were left on a curb in D.C. during the eviction of a local tax company earlier this week. The letter requests that the Marshal's office and the Court reexamine eviction policies to ensure sensitive information is protected. The U.S. Marshal for the Superior Court, who is appointed by the President and confirmed by the Senate, executes the Superior Court's eviction orders. The Superior Court, whose judges are appointed by the President and confirmed by the Senate, issues eviction orders under the landlord-tenant laws passed by the D.C. Council.

In her letter, Norton wrote, "While I understand that landlords are responsible for removing their evicted tenants' property from their premises, the Superior Court and the U.S. Marshal for the Superior Court play a significant role in evictions. Therefore, I urge you to adopt protocols and policies to protect sensitive information during evictions….It is particularly important for policies and practices to be developed to protect sensitive information during evictions of commercial tenants that possess obviously sensitive information, such as tax and law firms or physician offices, as illustrated by the Speedy Tax Service eviction. However, evictions of tenants from residential premises may also involve the removal of sensitive information, so steps should be taken to protect sensitive information during such evictions, too."

Norton's full letter is below.

The Honorable Michael A. Hughes
U.S. Marshal
District of Columbia Superior Court
H. Carl Moultrie Courthouse
500 Indiana Ave. NW Room C-250
Washington, DC 20001

The Honorable Robert E. Morin
District of Columbia Superior Court
Chief Judge
H. Carl Moultrie Courthouse
500 Indiana Ave. NW
Washington, DC 20001

Dear Marshal Hughes and Chief Judge Morin:

I was alarmed to read news reports that tax documents were left on a curb in the District of Columbia during the eviction this week of a tax company, Speedy Tax Service, from its office. Fortunately, it appears that the Treasury Department has attempted to collect these documents, and, apparently in light of these news reports, the U.S. Marshal for the District of Columbia Superior Court has started an internal review of its eviction policies and practices, including how to protect sensitive information.

While I understand that landlords are responsible for removing their evicted tenants' property from their premises, the Superior Court and the U.S. Marshal for the Superior Court play a significant role in evictions. Therefore, I urge you to adopt protocols and policies to protect sensitive information during evictions.

As you know, several entities are involved in the eviction process, and all have a role to play in protecting sensitive information. After the Superior Court approves an eviction, landlords, generally along with movers they have hired, enter their premises and remove the evicted tenant's property and place it on the curb. Prior to the removal of the property, Marshals enter the premises to check for individuals who may interfere with the eviction, and search for weapons and contraband that should not be left on the curb.

It is particularly important for policies and practices to be developed to protect sensitive information during evictions of commercial tenants that possess obviously sensitive information, such as tax and law firms or physician offices, as illustrated by the Speedy Tax Service eviction. However, evictions of tenants from residential premises may also involve the removal of sensitive information, so steps should be taken to protect sensitive information during such evictions, too.

As you know, the eviction process in the District is emblematic of the unique, hybrid federal-local criminal justice system here. The D.C. Council, which consists of locally elected officials, passes the landlord-tenant laws. The Superior Court, whose judges are appointed by the President and confirmed by the Senate, issues eviction orders under the laws passed by the Council. The U.S. Marshal for the Superior Court, who is also appointed by the President and confirmed by the Senate, executes the Superior Court's eviction orders. In other jurisdictions, all of these steps would be undertaken by local officials.

Again, I appreciate that the Marshal's office has apparently begun a review of its eviction policies and practices, and look forward to your findings.

Sincerely,

Eleanor Holmes Norton