
California federal courts are still running during the U.S. government shutdown that began Wednesday, but a judge warned jurors could feel the financial strain if the budget standoff drags on.
Hearings, filings and other paid case management matters remain operational in the Central, Eastern and Northern Districts of California, court media representatives said in emails and phone calls.
A news release from the U.S. Courts noted these services will continue "through at least Friday, Oct. 17" using fee balances and other non-appropriated funds.
Some hearings may be rescheduled if government attorneys are unavailable, the release continued.
During a status hearing in Los Angeles, Tuesday, hours before the shutdown, Chief U.S. District Judge Dolly M. Gee told parties preparing for an Oct. 14 trial that while she expects proceedings to move forward, the court may not be able to pay jurors if the shutdown lingers.
"We are barreling towards a government shutdown," Gee said. "Although I anticipate that we will proceed with trial, depending on how long the shutdown continues for, we may not be able to pay all of our jurors their daily jury fee, and so there may be more people during voir dire who will express financial hardship than usual."
The shutdown began at midnight after the Senate, on a 55 to 45 vote, with all but two Democrats voting no, failed to pass a continuing resolution spending bill sent up by the House. Sixty Senate votes were needed to pass the bill for short-term funding.
Without that authority, many federal departments are legally barred from spending money.
Most non-emergency federal operations are halted, though essential services such as national defense, air traffic control and programs with permanent funding continue.
Courts, meanwhile, are expected to reduce operations once reserve funds run out.
"If the shutdown continues after Judiciary funds are exhausted, the courts will then operate under the terms of the Anti-Deficiency Act, which allows work to continue during a lapse in appropriations if it is necessary to support the exercise of Article III judicial powers," the U.S. Court release stated.
"Under this scenario, each court and federal defender's office would determine the staffing resources necessary to support such work."
Devon Belcher
devon_belcher@dailyjournal.com
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