The federal judicial branch of government announced that beginning on Monday, Oct. 20, it will no longer have funding to sustain full, paid operations. Until the ongoing lapse in government funding is resolved, federal courts will maintain limited operations necessary to perform the Judiciary’s constitutional functions.

Federal judges will continue to serve, in accordance with the Constitution, but court staff may only perform certain excepted activities permitted under the Anti-Deficiency Act.

The Anti-Deficiency Act is a key piece of legislation that ensures federal agencies adhere to the financial guidelines set by Congress. It prohibits federal agencies from obligating or expending federal funds in advance or in excess of an appropriation, and from accepting voluntary services. The Act is codified at 31 U.S.C. § 1341 (a) (1) (A) and § 1342, and it is enforced to prevent the incurring of obligations or expenditures that exceed the amounts available in appropriations or funds. Violations of the Act can lead to administrative and penal sanctions, including fines, imprisonment, or both.

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. Excepted work will be performed without pay during the funding lapse. Staff members not performing excepted work will be placed on furlough.

Each appellate, district, and bankruptcy court will make operational decisions regarding how its cases and probation and pretrial supervision will be conducted during the funding lapse. Each court and federal defender’s office will determine the staffing resources necessary to support such work.

Anyone with Judiciary business should direct questions to the appropriate clerk of court’s office, probation and pretrial supervision office, or federal defender organization, or consult their websites. Find contact information and websites for federal court units.

Other shutdown information:

– – The Case Management/Electronic Case Files (CM/ECF) system will remain in operation for electronic filing of documents. Case information will be available on PACER.
– – Individual courts will determine which cases will continue on schedule, and which may be delayed.
– – The jury program is funded by money not affected by the appropriations lapse and will continue to operate. Jurors should follow instructions from courts and report to courthouses as directed.
– – The Administrative Office of the U.S. Courts, which maintains this website on behalf of the Judiciary, will not have staffing to answer the AO’s public telephone number. View contact information for the Administrative Office during the funding lapse.

A government-wide shutdown began Oct. 1. The Judiciary was able to continue paid operations through Oct. 17, with limited additional work performed over the weekend of Oct. 18-19, using court fee balances and other funds not dependent on a new appropriation.