The federal judiciary announced that beginning Monday, October 20, it will no longer have the funding to sustain full, paid operations, marking the first time in nearly three decades that the court system has been forced to furlough employees because of a lapse in government appropriations.
In a statement issued Friday, the Administrative Office of the U.S. Courts said federal courts will continue limited operations necessary to perform their constitutional functions. Federal judges will remain on the bench, but staff will only perform “excepted” activities allowed under the Anti-Deficiency Act, such as those essential to public safety, property protection, or constitutional duties. All other employees will be placed on furlough, or required to work without pay until the shutdown ends.
Each appellate, district, and bankruptcy court will make its own operational decisions about how cases and supervision activities will be handled during the funding lapse. Individual courts will determine which cases will continue on schedule and which may be delayed.
The Case Management/Electronic Case Files (CM/ECF) system and PACER will remain operational, allowing electronic filing and access to case information. Jury trials will continue for now, as the jury program is funded through separate resources not affected by the appropriations lapse.
The Supreme Court will also remain open for official business and continue to hear oral arguments, issue rulings, and process filings, but the building will be closed to the public.
The judiciary had been able to maintain operations since the government shutdown began on October 1 by using court fee balances and other funds not dependent on congressional appropriations. Those funds were exhausted as of Friday, October 17.
Chief Judge Virginia Kendall of the Northern District of Illinois warned that the lack of appropriations “will create delays in the court’s ability to ensure timely justice,” though she noted that enough funding remains to continue scheduled trials and grand jury sessions “at least for now.”
Judge Robert Conrad, director of the Administrative Office of the U.S. Courts, told courts in an internal memo that “orderly shutdown activities will commence” Monday morning as furlough notices are distributed.
The judiciary employs more than 30,000 people across 94 district courts, 13 circuit courts, and the Supreme Court. During the funding lapse, each court and federal defender’s office will determine the staffing levels needed to continue essential work.
