Starting next Monday, the United States federal court system will begin reducing non-essential functions and putting some employees on unpaid leave as the system has depleted its remaining funds to maintain operations during the federal government shutdown. According to an internal memo seen by Reuters on Thursday, as Congress failed to pass an appropriations bill to fund the operation of the courts and other government departments, the federal judiciary system will be forced to shut down for the first time in nearly 30 years, sending some of its over 33,000 employees home temporarily and requiring the remaining staff to work without pay.
This government shutdown has caused delays in civil cases involving federal agencies as many of its employees have been furloughed. Unlike executive branch agencies under the Trump administration, the judicial system had managed to operate with paid staff for several weeks after the federal government shutdown began on October 1st by using funds not reliant on congressional appropriations and fee income.
However, due to budget constraints in recent years, the judicial system had lower cash reserves available than during the 2019 shutdown that lasted a full five weeks during Trump’s first term, with the courts continuing normal operations. This time, the funds for the judiciary system are expected to run out by the end of this week.
The courts will remain open, and judges will continue to receive their salaries thanks to the U.S. Constitution’s prohibition on reducing judges’ salaries. Officials from federal courts across the country have indicated that they have been notified to continue paying jurors, at least for now.
Nevertheless, Chief Judge Robert Conrad of the Administrative Office of the U.S. Courts informed judges and other staff in a memo on Thursday that the judicial system has been working to maintain operations by postponing planned expenses but will enter a new phase of shutdown starting midnight on Monday.
The last time the judicial system saw such unpaid leave was during the 1995-1996 government shutdown under Democratic President Bill Clinton.
It remains unclear how many court employees will be on unpaid leave. Officials from several district courts stated that under the Antideficiency Act, most, if not all, of their court staff can be considered exempt as they provide essential judicial services, which is the core function granted to the courts by the Constitution, namely resolving cases and ensuring defendants’ rights to a speedy trial.
Probation officers, judicial assistants, and administrative staff still on duty will receive their final paychecks on October 24th.
Federal public defenders working in agencies under the judicial system (providing legal services to indigent defendants) will also go unpaid, and private attorneys working under the Criminal Justice Act will not receive compensation for their work.
(Information source: Reuters)