Sequestration & Shutdown Hammering Federal Judiciary

Let's begin with one small example.  "Status hearing canceled in Rodriguez death penalty appeal," is the AP report, via the Bismarck Tribune.

A status hearing in a North Dakota death penalty case has been canceled because of the government shutdown.

Lawyers in the case of Alfonso Rodriguez Jr. were scheduled to meet Nov. 1 in Fargo to update progress of Rodriquez's habeas corpus motion, considered the last step in the appeal process. Rodriguez is on death row at a federal prison in Indiana.

A court document filed Friday shows that a status hearing will be scheduled after the government files its answer to the motion. The deadline for prosecutors was recently extended from Oct. 15 to Dec. 15 because of the shutdown.

Related posts are in the federal legislation and federal death penalty category index.

Now, let's turn to the broader impact.  Today's Austin American-Statesman reports, "Reserve funding due to run dry for federal courthouses," by Jazmine Ulloa.

With the partial government shutdown in its third week, Texas federal courts are expected to deplete the last of their reserve funds Thursday, putting further strain on operations stripped to the bone since sequestration measures in the past year have downsized their staffs, agencies and programs.

Federal officials and judges, who have long sounded alarms over the lack of resources, say the financial blows to the judicial system have dire constitutional implications, interfering with public safety and the administration of justice. And the future, they say, is grim, with funding levels expected to drop to those of nearly a decade ago after the fight over the national budget is over.

To prepare for the latest setback, courts in the U.S. Western District of Texas, which includes Austin and stretches from Waco to El Paso, have adopted a contingency plan that would allow offices to continue processing cases. Given that many of the offices slashed staffing under sequestration, federal officials said, most employees will be deemed essential but will be working without pay, and some support personnel, including those under pretrial services, probation and the district clerk’s office, would be forced to take furlough days, slowing down heavy dockets.

Staffers in the U.S attorney’s office have been working without compensation since the beginning of this fiscal year because of the shutdown, and the office has had to furlough about 72 percent of its support staff, as well as civil lawyers who represent the government in litigation and work to recover tens of millions of dollars for taxpayers, U.S. Attorney Robert Pitman said.

If the office is hit by another round of sequestration “at the same level that we were experiencing before,  then we will definitely see cutbacks in our operations, and it will definitely have an impact on our ability to do the work that we do,” Pitman said.

"Federal Judges Push Back," is by Zoe Tillman at the National Law Journal.

A growing number of federal chief judges have had enough.

Frustrated by the budget stalemate in Congress, many judges across the country declared all employees essential in the face of a shutdown—a bold but necessary move, the judges said, to ensure basic court operations past the judiciary’s funding date of October 17.

In more than two dozen courts, from busy urban districts in New York and Chicago to rural areas, judges went against guidance from the judiciary urging them not to enter broad orders deeming all staff essential. Judges said severe budget cuts over the past year left them no choice.

"We're drowning," said Chief Judge Anne Conway of the U.S. District Court for the Middle District of Florida, who declared all employees essential on October 7. "We're treading water to keep our heads up. There's just nobody left."

The federal judiciary has enough money to keep courts fully operational through at least October 17. Beyond that, the chief judges of district, appeals and bankruptcy courts were instructed by the Administrative Office of the U.S. Courts to figure out a shutdown plan for their respective courts.

"Federal Courts At Brink Of Collapse Due To Shutdown," is by Frederick Reese for Mint Press News.

The ongoing federal government shutdown is framing a fundamental discussion on the relationships between the branches of the government — the implications of which may significantly change the way the federal government operates in the future.

“The Judiciary will remain open for business through October 17, 2013,” read a posting on the United States Courts website. “When no funding mechanism was in place on October 1, 2013, the Judiciary projected that fee income and no-year appropriated funds would enable court operations to continue for ten business days. The Judiciary has severely restricted spending during that period so that limited additional funding now exists. Spending rates and fund balances will continue to be monitored closely in hope that adequate funds may be available to allow courts to operate through the end of the work week – October 18.”

“Criminal litigation will continue without interruption as an activity essential to the safety of human life and the protection of property,” an Oct. 11 U.S. Department of Justice memo read. “Civil litigation will be curtailed or postponed to the extent that this can be done without compromising to a significant degree the safety of human life or the protection of property.”

This represents a constitutional crisis unlike any other the nation has ever faced. Simply put, one branch of government — the Congress, in this case — is, by means of denying funding, preventing another branch — the judiciary — from operating. In doing so, the entire underpinning of the government — the constitutional distribution of power — could become undone should the courts lose the financial capability to operate.

The Louisiana Reocrd posts, "Federal court to re-assess closure possibility after Oct. 17," by Kyle Barnett.

The U.S. District Court of Eastern Louisiana has announced that it will remain open until at least Thursday, Oct. 17, but will have to reassess operations after that date.

The Court earlier announced it would remain open for at least two weeks following what at the time was an anticipated government shutdown. Now that the shutdown has exceeded two weeks the Court had extended days of operation by three until this Thursday when it will reassess the situation.

Notably, that is the same day that the federal government will go into default if a budget bill has not yet been passed by Congress and signed by the president.

"Nebraska federal judge fed up with Congress," is an AP report, via the Lincoln Journal Star.

A federal judge in Nebraska is fed up with Congress and its inability to fund government including the courts and says in his Internet blog it's time to tell congress to "go to hell."

Judge Richard George Kopf is commenting on the likelihood that the U.S. District Court in Nebraska may run out of money as early as Monday, forcing judicial officials to decide which employees are essential.

Kopf writes in his blog dated last Monday that district judges and the chief judge should issue orders declaring all remaining employees essential. That would set up a fight between the judicial branch and Congress.

Kopf, an appointee of President George H.W. Bush in 1992 and now a senior judge, says that would be a fight worth having.

Earlier coverage of federal budget problems plaguing the judiciary begins at the link.