Despite the partial federal government shutdown that began on Oct. 1, the Judiciary announced it will continue normal operations and pay its employees through at least Friday, Oct. 17, by using court fees and other funds not dependent on congressional appropriations.
Most hearings, filings, and deadlines will proceed as scheduled. However, in cases where an attorney from an executive branch agency is unable to work due to the shutdown, courts may reschedule hearing dates and filing deadlines. The Case Management/Electronic Case Files system will also remain available for electronic filing.
Initially, the courts said they could only guarantee paid operations through Oct. 3 while reviewing available resources. That assessment has since confirmed that fees and balances on hand are sufficient to cover two additional weeks of operations.
If the shutdown extends beyond Oct. 17 and funds are depleted, the Judiciary would operate under the Anti-Deficiency Act, which permits work to continue during a lapse in appropriations if necessary to uphold Article III judicial powers. In that scenario, each court and federal defender’s office would determine the minimum staffing levels required to maintain essential functions.