Federal courts may quickly face curtailed operations if government shuts down

(WASHINGTON) — Federal courts may be forced to quickly curtail operations — potentially delaying trials and other hearings — if congressional funding is not extended beyond Sept. 30, a spokesperson for the Administrative Office of U.S. Courts told ABC News. 

While in previous government shutdowns the courts have found ways to use court fees and other financial tools to sustain full functionality and schedules — at least for several weeks — years of tighter budgets and rising costs have created a much more difficult situation in today’s landscape.

A government shutdown could begin at 12:01 a.m. Wednesday, Oct. 1, if there is a lapse is federal government funding.

“Judiciary operations would continue using court fees and other available balances through Friday, October 3,” the spokesperson, Jaculine Koszczuk, said in a statement. 

After that, while the judiciary will not formally shut down, some operations may begin being put on hold.  

“We will continue to assess available fees and balances after FY 2025 closes to determine if operations can be sustained beyond that date,” Koszczuk said. “Should fees and balances be exhausted before Congress enacts a continuing resolution or full-year funding, the Judiciary would then operate under the terms of the Anti-Deficiency Act. Federal courts would continue operating, but would be limited to activities needed to support the exercise of the Judiciary’s constitutional functions and to address emergency circumstances.”

Reuters was first to report that Judge Robert Conrad, director of the Administrative Office, issued a warning this week to judges and other court officials about the looming financial crisis — calling this year’s situation a “very sharp change” from the past. 

The U.S. Supreme Court — which was established by the Constitution, not Congress — would be largely unaffected. 

“In the event of a lapse of appropriations, the Court will continue to conduct its normal operations,” Supreme Court spokeswoman Patricia McCabe told ABC. “The Court will rely on permanent funds not subject to annual approval, as it has in the past, to maintain operations through the duration of short-term lapses of annual appropriations.”

Justices and federal judges would continue to be paid during a shutdown because federal law prohibits cuts to their pay once appointed for life. Many of the 33,000 other employees of the federal judiciary could face furloughs without pay. 

The last time the judiciary experienced staff furloughs during a shutdown was 1995, when appropriations lapsed for three weeks until Congress reached a deal to end the standoff.