Federal Courts Do Not Have Funds For Full Operations As Result Of Government Shutdown

The federal Judicial Branch no longer has funds to sustain full operations, the U.S. Courts system has announced.

"Until the ongoing lapse in government funding is resolved, federal courts will maintain limited operations necessary to perform the Judiciary's constitutional functions," the Administrative Office of the U.S. Courts said in an announcement on the U.S. Courts' website.

Federal judges will continue to serve in accordance with the U.S. Constitution, but court staff may only perform certain excepted activities allowed under the federal Anti-Deficiency Act, according to the statement. Employees performing that work will not be paid during the funding lapse. Staff members who are not performing excepted work have been furloughed.

"Examples of excepted work include activities necessary to perform constitutional functions under Article III, activities necessary for the safety of human life and protection of property, and activities otherwise authorized by federal law," officials said,

Individual courts will have the responsibility to determine which cases will continue on schedule and which cases will be delayed.

The Administrative Office's statement said that the Case Management/Electronic Case Files system will be in operation for the electronic filing of documents, and that case information will be available on PACER. In addition, the statement said that the jury program is not affected by the appropriations lapse. The administrative office will not have staff available to answer its public phone number.

At the Supreme Court, SCOTUSblog reported that Patricia McCabe, the head of court's Public Information Office, said in a the statement that the Supreme Court building will be closed to the public, but that the court will be open to conduct essential work, which includes "hearing oral arguments, issuing orders and opinions, processing case filings, and providing police and building support needed for those operations."

The government shutdown began when the federal fiscal year ended on September 30. The Judiciary was able to continue paid operations through October 17, with some work continuing on October 18 and 19, using court fee balances and other funds not dependent on federal appropriations.

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