Judiciary
How the federal judiciary will continue operations during shutdown
The federal judiciary will tap funding, such as court fee balances, to temporarily continue paid operations during the government shutdown. (Image from Shutterstock)
The federal judiciary will tap funding, such as court fee balances, to temporarily continue paid operations during the government shutdown.
Federal courts expect to continue paying staff members through Oct. 17 by using funds that aren’t tied to a new congressional appropriation, according to an Oct. 1 press release. Because the Constitution protects the salaries of federal judges, they will get paid no matter what, Bloomberg Law explains.
Most proceedings will continue through Oct. 17, and deadlines won’t be affected. Hearings and filing dates may be rescheduled in cases in which an executive-branch attorney isn’t working because of the shutdown.
The U.S. Supreme Court also plans to rely on funds that aren’t subject to annual approval “to maintain operations through the duration of short-term lapses of annual appropriations,” a spokesperson told Bloomberg Law.
At least 10 district courts have already issued standing orders that push back some deadlines and delay civil cases involving the federal government, Bloomberg Law reports in another article.
Typically, civil lawyers in the Department of Justice don’t work during a shutdown, unlike lawyers handling criminal cases, the Bloomberg Law article explains.
Some federal judges, however, are refusing to pause civil cases involving the federal government. According to Bloomberg Law, some of those cases involve access to IRS records by the Department of Government Efficiency, the DOJ’s antitrust lawsuit against Live Nation Entertainment Inc., federal grant restrictions targeting diversity initiatives, federal layoffs and a ban on Medicaid reimbursements for Planned Parenthood.
When funds run out, courts will operate under the under the provisions of the Antideficiency Act. At that time, court staff members who help judges carry out core constitutional duties may have to work without pay, Bloomberg Law explains. Other employees may be furloughed.
In that scenario, the press release said, each court and federal defender’s office would determine the staffing resources necessary to support constitutional functions.
See also:
Did some agencies violate the Antideficiency Act by staying open during the shutdown?
ABA House condemns government shutdown, opposes any diversion of disaster-relief funds
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