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Government shutdown would have little impact on federal legal system

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Even if the U.S. Congress fails to pass a short-term budget measure and prevent a government shutdown before midnight Friday, the various arms of the Indiana federal legal community will remain operating mostly as usual – at least for the time being.

The clock is ticking toward 12 a.m. when a one-week stopgap resolution expires. If federal lawmakers and President Barack Obama don’t break the impasse, most nonessential government services will come to a halt. Negotiations have been ongoing all day and both political sides agreed on $38 billion in spending cuts, but no final resolution had been reached by deadline for this story.

At the Administrative Office of U.S. Courts, spokeswoman Karen Redmond said the judiciary would use non-appropriated fees to continue full operations for the first weeks of a government shutdown. Each appellate, District, and bankruptcy court – as well as the judges – would continue those operations as part of their exercise of judicial power, and each would individually determine the number of court staff, probation, and pretrial service officers necessary to adequately maintain those court services. Notices are posted on each of Indiana’s federal courts, including the 7th Circuit Court of Appeals, about how the shutdown would impact that court.

Clerk Laura Briggs in the Southern District said the court might have to limit its operations to those services deemed necessary and essential – such as accepting new cases – if a shutdown lasts longer than two weeks.

Since the courts will be open on Monday regardless, Briggs said that a planned event featuring 7th Circuit Judge Ann C. Williams will proceed as scheduled after initially being pushed back from February because of inclement weather.

But not everything would go on as usual.

Both U.S. Attorney’s Office districts directed questions to the Department of Justice, and spokesman Robert O’Donnell responded that all criminal litigation will continue without any interruption as “an activity essential to the safety of human life and the protection of property.”

“If there is a government shutdown, the Department will be forced to stop or significantly curtail an array of different activities and services that will have a national impact, including most civil litigation, community outreach to victims of crime, and the processing of grants,” he wrote in an email.

One question that concerns Chief Judge Richard Young in the Southern District of Indiana is whether background checks on potential magistrates will continue, impacting the ongoing review of Indianapolis attorney Denise LaRue who was confirmed as a federal magistrate judge earlier this year. She’d be able to begin as soon as a background check is complete since funding for the new position was authorized to begin April 1.

It wasn’t immediately clear if a shutdown would impact the Federal Community Defenders in Indiana, as some nationally have said they have enough funding on hand to continue operating on a temporary basis.
 

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  1. IF the Right to Vote is indeed a Right, then it is a RIGHT. That is the same for ALL eligible and properly registered voters. And this is, being able to cast one's vote - until the minute before the polls close in one's assigned precinct. NOT days before by absentee ballot, and NOT 9 miles from one's house (where it might be a burden to get to in time). I personally wait until the last minute to get in line. Because you never know what happens. THAT is my right, and that is Mr. Valenti's. If it is truly so horrible to let him on school grounds (exactly how many children are harmed by those required to register, on school grounds, on election day - seriously!), then move the polling place to a different location. For ALL voters in that precinct. Problem solved.

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  3. Let's be honest. A glut of lawyers out there, because law schools have overproduced them. Law schools dont care, and big law loves it. So the firms can afford to underpay them. Typical capitalist situation. Wages have grown slowly for entry level lawyers the past 25 years it seems. Just like the rest of our economy. Might as well become a welder. Oh and the big money is mostly reserved for those who can log huge hours and will cut corners to get things handled. More capitalist joy. So the answer coming from the experts is to "capitalize" more competition from nonlawyers, and robots. ie "expert systems." One even hears talk of "offshoring" some legal work. thus undercutting the workers even more. And they wonder why people have been pulling for Bernie and Trump. Hello fools, it's not just the "working class" it's the overly educated suffering too.

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