US Federal Courts May Struggle to Operate Fully After February 4

The federal courts may not be able to fully maintain paid operations beyond Feb. 4 if Congress fails to approve funding legislation before midnight on Friday, a senior judge warned on Tuesday.

Judge Robert Conrad, director of the Administrative Office of the U.S. Courts, said in an internal memorandum that the judiciary’s reserve funds would run out by that date if lawmakers do not enact appropriations for the fiscal year ending Sept  30.

The warning came as House and Senate negotiators were struggling to break a logjam over funding for the Department of Homeland Security and other federal agencies, with a partial government shutdown looming at the end of the week.

Conrad said the judiciary has enough money to keep most operations going for now, but that the ability to maintain “full, paid operations” after Feb. 4 was in doubt.

“If no action is taken by that time, it is possible that the Judiciary will not be able to continue full operations,” Conrad wrote.

The judiciary gets its funding through the same appropriations process that governs much of the rest of the federal government. During past shutdowns, courts have used fee collections and other resources to maintain normal operations for several weeks before switching to a more limited mode.

In a shutdown, the courts would continue to perform essential constitutional functions but could have to curtail or delay other activities, said a person familiar with the matter.

The judge said the uncertainty is creating challenges for court budgeting and planning.

The memo was sent to chief judges of federal courts, federal public defenders and other court officials.

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