Inside the federal courthouse infrastructure crisis and the case for Real Property Authority

The crumbling infrastructure of our federal courthouses is not just a crisis of bricks and mortar; it is a profound human tragedy.

Judges, attorneys, jurors and the public are exposed daily to environments that threaten their safety, health and dignity. As ceilings collapse and mold spreads, the very spaces meant to uphold justice become hazards, undermining the constitutional promise of a fair and accessible legal system. In response, the Judicial Conference has asked Congress to grant the judiciary independent real property authority to manage, maintain and fund buildings critical to court operations, a position first adopted in 1989 and reaffirmed in 2006. This essay explores the urgent need for reform, driven by a commitment to protect those who serve and seek justice within these walls.

Scope and nature of the deterioration

Basic courthouse systems--including elevators, HVAC, roofs, lighting, doors and windows--are broken or beyond their useful life, causing operational disruptions, costly emergency interventions, and risks to health and safety. The delinquent maintenance and infrastructure backlog has reached approximately $8.3 billion and continues to grow, with many projects languishing indefinitely despite safety and functionality concerns. Documented incidents include prolonged elevator entrapments, a courtroom ceiling collapse during trial, legionella identified in water systems without remediation plans, water intrusion in workspaces, and mold causing illness among court personnel and judges. In Chicago's Everett McKinley Dirksen Courthouse, a 2024 water valve failure damaged six floors, one courtroom remains closed nearly 18 months later, and lighting failures took years to remedy despite trial disruptions. (See, Judiciary Says Courthouses Are in Crisis, Seeks Real Property Authority)

Systemic management failures and resource constraints

Recent GSA reorganization and staffing reductions have stalled critical work: Funded projects have halted for lack of project managers, including 18 security upgrades now at risk of non-execution. As of early 2026, nearly 75% of courthouses with five or more judges lack onsite building managers, impeding rapid response to life-safety and operational emergencies. Contractor oversight is deficient, with reports of abandoned projects without accountability. (See, the Judiciary background paper (PDF))

Cost pressures that undermine court operations

The judiciary pays approximately $1.3 billion annually in rent and services to GSA. GSA has announced pricing policy changes that could add up to $60 million per year in rent beginning in FY 2027, with increases expected to escalate annually. GSA also imposes 3-7% overhead on real property transactions; in 2025, the judiciary paid $280 million in overhead and $10 million for lease administration of a relatively small portfolio. These cost escalations present budget shocks that jeopardize continuity of court operations during fiscal constraints. (Id.)

Constitutional and public health implications

Continued deterioration impairs the judiciary's ability to fulfill its constitutional mandate to administer justice by disrupting trials, limiting courtroom access and degrading security. Unsafe building conditions--such as water intrusion, mold and unremediated legionella--pose direct risks to the health of judges, staff, jurors, attorneys and the public. In aging and historic courthouses, environmental conditions have produced headaches, nosebleeds, sore throats in winter and mold-related respiratory issues in summer, demonstrating ongoing health impacts tied to facility failures. (Id.)

The judiciary's request to Congress: Real Property Authority and dedicated funding

On Feb. 24, 2026, the Judicial Conference transmitted to congressional leadership a legislative proposal to grant the judiciary independent Real Property Authority, enabling it to acquire, lease, operate, maintain, alter and construct facilities necessary for court operations. (See, Judiciary to ask Congress (PDF).) The draft bill would establish a judiciary Buildings Service within the Administrative Office, authorize transfers of jurisdiction, custody and control over court accommodations from GSA, and create a Judicial Space and Facilities Management Fund for dedicated, until expended use on courthouse needs. Congressional oversight would be preserved through prospectus approvals for major projects and leases above specified thresholds, annual inflation adjustments and required milestone notifications. Implementation would be phased, beginning no earlier than 180 days after enactment, with initial transfers limited to no more than 10 judicial districts and focused on properties critical to the judiciary's constitutional mission. The judiciary would remain authorized to request GSA support in multitenant contexts and to reimburse GSA at actual cost for services provided.

Anticipated benefits and early proof points

Granting Real Property Authority would allow the judiciary to allocate infrastructure funding to urgent safety, security and operational priorities without competing against executive branch portfolios, while remaining subject to congressional oversight. Limited delegated pilots show the judiciary can complete building projects at materially lower cost than GSA estimates--e.g., 11 paint and carpet projects at 64% less (saving $1 million), and 24 tenant alterations at 63% less (saving $2.5 million). Transferring special-purpose court properties would also enable GSA to concentrate on executive branch needs and shed an $8.3 billion maintenance burden it lacks resources to address. (See, the Judiciary background paper (PDF))

Consequences of inaction

Absent immediate and structural change, the downward spiral of critical-system failures, repair underfunding, security exposures and rising costs will intensify. Persistent outages and environmental hazards will continue to endanger health, impede courtroom operations and erode public confidence in the administration of justice. Judiciary leaders have concluded that the current GSA-dependent model no longer reliably delivers necessary maintenance, investment or responsiveness, rendering the status quo unsustainable. Federal courts have formally advised Congress of the need for legislation and initiated a dialogue with GSA to ensure a gradual, orderly transition if authority is granted. (See, Judiciary Says Courthouses Are in Crisis, Seeks Real Property Authority)

Conclusion

The record demonstrates systemic facility degradation, a multi-billion-dollar maintenance backlog, acute safety and health risks, and operational disruptions that jeopardize the judicial branch's constitutional function. The judiciary's request for Real Property Authority and a dedicated fund--implemented in phased coordination with Congress and GSA--offers a targeted, accountable remedy to stabilize and restore federal courthouses. As officers of the court, who collectively spend a substantial amount of time in these facilities in the service of our clients and justice, we members of the federal bar are in a unique position to support the judiciary in urging Congress to take the timely congressional action needed to arrest further deterioration, protect the health of all courthouse users and safeguard the uninterrupted administration of justice nationwide.