Federal courts running out of money amid shutdown
Nonessential work could be cut back without new funds
Federal courts will run out of money Friday. And if no new funds are approved, court administrators will have to cut back next week on everything that isn’t deemed “essential work.”
What exactly that means for the people of eastern Virginia is unclear.
Criminal cases are expected to proceed uninterrupted. But the clerk of the U.S. District Court for the area including Norfolk, Richmond and Alexandria said Monday he was still waiting for the administrative office of the U.S. Courts to provide some clarity.
“Obviously, we await this guidance sometime this week,” Fernando Galindo said in an email.
Since the partial shutdown began Dec. 22, the courts have operated using fee balances and other funds not dependent on congressional appropriation. Most hearings have been occurring as scheduled, even though prosecutors are not being paid.
Galindo said biweekly court employees were paid as normal last Friday and will get paid again Jan. 25 for all work completed through Friday — the last day of their pay cycle.
Courts administrators initially thought they had enough money to run through Jan. 11, but later extended that estimate by a week.
In a statement posted Jan. 7 on the court’s website, administrators said only “essential work” would continue after the money was gone.
“This mission critical work includes activities to support the exercise of the courts’ constitutional powers ... specifically the resolution of cases and related services,” the statement said. “Each court would determine the staff necessary to support its mission critical work.”
Defendants in criminal cases have a constitutional right to have their cases heard quickly, making it difficult to delay hearings and trials. The courts often have more flexibility in civil cases.
According to administrators, some courts have postponed or suspended civil cases in which the government is a party, at the request of the Department of Justice.