What are a federal judge’s concerns as the government shutdown continues?
As Washington, D.C., appears headed for a lengthy shutdown, Senior U.S. District Judge John R. Tunheim of the District of Minnesota warns that federal courthouses will soon be unable to pay employees if government funding isn’t renewed.
In the initial stage of a government shutdown, courts rely on reserve resources, such as court fee balances, to pay staff and continue services, according to a statement released by the Administrative Office of the U.S. Courts. After that, federal judges will still get paid, according to Bloomberg Law, but staff won’t.
Some cases, Tunheim says, will be “significantly” delayed. He has been overseeing a multidistrict antitrust case in which the Department of Justice alleges price fixing in the U.S. meat-processing industry. The case has been stayed because the DOJ said it can’t work during a shutdown, according to court papers.
In addition, certain services, such as cleaning and maintenance, have already been affected and will likely lead to more concerns if the shutdown continues, he says.
The shutdown “has an impact on buildings if you don’t have people cleaning them or making sure the heating, air conditioning and elevators are all running. There’s a lot that goes into running a federal courthouse,” says Tunheim, a former chair of the council of the ABA Government and Public Sector Lawyers Division.
The Minneapolis Federal Building houses the federal court. (Photo By David Brewster/The Star Tribune via Getty Images)
What has been the effect of the shutdown so far?
Travel has been discouraged, and any other expenses have been discouraged. The directive is to save as much money as possible to use as long as possible for salaries. For the most part, civil litigation involving the government has been stayed at the request of the government. I have a number of cases that have been stayed. The other cases are going on as usual. As of right now, the shutdown’s full effect hasn’t hit the judiciary and won’t until the end of this week or sometime next week.
What is the possible impact of the shutdown on the federal courts if the shutdown goes longer?
The effect will be much more significant if the shutdown continues. In civil cases, particularly those involving the government, there will be much more significant delays. Discovery deadlines will pass; motions will be delayed. New calendars will have to be set. Once we no longer have money for salaries, there will probably be some furloughs, although most federal judiciary employees will be deemed to be essential, which means they will work without pay.
What is one of your main concerns regarding the shutdown?
Not being able to pay salaries would have a big impact on judiciary staff. That would have an impact on morale. The bills aren’t going to stop, and being concerned about finances, that’s hard on people.
See also:
How the federal judiciary will continue operations during shutdown
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