Donald Trump is a big client of the federal court system so he is likely to be irate when he learns the courts are running out of money, thanks to the government shutdown.
The federal Judicial Branch said yesterday that it has run out of funds to sustain full operations, saying it will now operate on a limited basis until Congress restores government funding.
“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 a statement posted on its website.
Essential functions only
Federal judges will continue to serve in accordance with the Constitution, but court staff may only perform certain “excepted” activities permitted under the federal Anti-Deficiency Act. Employees performing such duties will not be paid during the shutdown, while those not engaged in 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.
Each court will decide which cases will continue on schedule and which will be delayed.
Systems and access
The Administrative Office said the Case Management/Electronic Case Files (CM/ECF) system remains operational for electronic document filing, and case information continues to be available on PACER. The jury program is not affected by the lapse, officials said, although the Administrative Office will not have staff available to answer public phone calls during the shutdown.
Supreme Court operations
At the Supreme Court, the building is closed to the public but remains open for essential business. Patricia McCabe, head of the court’s Public Information Office, told SCOTUSblog that the court will continue “hearing oral arguments, issuing orders and opinions, processing case filings, and providing police and building support needed for those operations.”
Shutdown timeline
The shutdown began when the federal fiscal year ended on September 30. The Judiciary was able to continue paid operations through October 17—and some limited work through October 19—by using fee balances and other funds not dependent on congressional appropriations.
Officials did not indicate when funding might be restored, leaving the nation’s courts operating under emergency procedures until further notice.