With the government shutdown about to enter its third week, the federal court system announced Friday that it will begin operating in a limited, unpaid capacity starting Monday – having exhausted the last of the court fees and other stopgap funds that had kept its doors open since Oct. 1.
In a statement, the judiciary said that beginning Oct. 20, it will “no longer have funding to sustain full, paid operations” across its 94 district and 13 circuit courts. The move marks one of the most significant contractions in the judicial branch in decades, as courts transition to the minimum operations required by law until Congress restores government funding.
Essential Functions Only
“Until the ongoing lapse in government funding is resolved, federal courts will maintain limited operations necessary to perform the Judiciary’s constitutional functions,” the statement read.
Under the Anti-Deficiency Act, federal employees are prohibited from working without appropriations except in narrowly defined circumstances, such as activities essential to human safety, the protection of property, or the performance of constitutional duties.
Judges, who serve under Article III of the Constitution, will continue to work. But most court employees – including clerks, probation officers, and administrative staff – will either be furloughed or required to work without pay if their duties qualify as “excepted activities.”
Each appellate, district, and bankruptcy court will decide independently how to manage its docket and staffing. Some proceedings will move forward, particularly those involving urgent matters such as detention hearings or imminent deadlines, while other civil and criminal cases are expected to be delayed indefinitely.
The Schutdown continues!