ILNews

Government shutdown would have little impact on federal legal system

Back to TopCommentsE-mailPrintBookmark and Share

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.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

ADVERTISEMENT