Shutdown stalls federal court proceedings

As the government shutdown continued into Monday, there was some interruption to federal dockets even though U.S. District Court in Columbus remained in session.

“It’s a huge disruption to our office. We are required by law, and we certainly do our duty, to ensure national security,” said Benjamin Glassman, U.S. Attorney for the Southern District of Ohio. Even with a leaner staff, Glassman and other prosecutors were in court arguing cases Monday morning.

When there is a shutdown, federal personnel who work to ensure public safety, like Glassman, are required to work without pay.

However, those who work and investigate civil matters are ordered not to work. For example, if you sue NASA, you can expect the case to come to a standstill if there’s no funding.

In a federal claims case, depositions had to be postponed after U.S. Department of Justice attorneys representing NASA in a lawsuit were ordered to cancel hotel and airline reservations by 8 p.m. Friday if feuding lawmakers had not reached an agreement to prevent a shutdown.

By Monday, lawmakers approved a temporary spending bill that would provide government funding through Feb. 8. With funding restored, those who worked will receive back pay. Congress will decide if employees who didn’t work will be compensated.

Even with that funding compromise, it’s unclear how long it could take to reschedule the depositions in the NASA case, said Columbus attorney James Wiggin III, who is lead counsel for North Ridgeville-based Spectre Corp. Spectre is suing NASA, alleging a “bad-faith breach of two contracts” resulting in millions of dollars in losses to the company.

“I’m pretty sure they’re going to do everything they can to make this deposition happen,” he said.

A deadline for discovery is set for April. Wiggin said the delay could be weeks or months before it’s resolved, depending on the schedules of scientists.

Franklin County deputy remains on leave

A Franklin County Sheriff’s Office deputy who shot and killed a 16-year-old appearing in juvenile court last week remained on administrative leave Monday.

Maj. Steven Tucker told The Dispatch that it’s unclear when Deputy Richard Scarborough will return to work. He will not be interviewed by investigators until he returns and has legal counsel provided by the Fraternal Order of Police, Tucker said.

Tucker said the investigation remains ongoing. While there were several family members in court with Joseph Haynes on Jan. 17, investigators say it now appears only Haynes and his mother, Karen, were fighting with Scarborough.