Federal courts maintain business as usual, but larger impacts loom if government shutdown drags on

A federal judge heard arguments Tuesday about whether or not to block the transition away from attendant care to structured family care for two Hoosier families.(Whitney Downard/Indiana Capital Chronicle)

Federal courts in Indiana and across the United States are maintaining business as usual for now, but how long that will last will be determined by the length of the federal government shutdown and at what point existing short-term court funds are exhausted.

U.S. Courts said in a news release Wednesday morning that the federal judiciary will remain open with paid operations through Friday by using court fee balances and other funds that are not dependent on a new appropriation.

The statement said the federal court system is working to determine if paid operations can be sustained through Oct. 17.  Most proceedings and deadlines will occur as planned for now. In cases where an attorney from an executive branch agency is not working because of the shutdown, filing and hearing dates could be rescheduled, the courts said.

The U.S. District Court of Southern Indiana told The Indiana Lawyer that the court will remain open and will maintain sufficient staffing as necessary to continue to support its constitutional and statutory obligations.

“Absent further order, all trials and hearings will proceed as scheduled. Electronic case filing will remain available through CM/ECF and all filing deadlines will remain in effect,” said Doria Lynch, public information officer for the court.

The U.S. District Court of Northern Indiana did not immediately respond to a request for comment regarding specific impacts of the shutdown on the court.

In previous shutdowns, courts have found ways to use existing funds to maintain operations for several weeks But years of rising costs and tighter budgets have made the task more difficult, according to reporting by ABC News.

If judiciary funds are exhausted before the shutdown ends, the courts will then operate under the terms of the Anti-Deficiency Act. Under the act, work can continue despite a lapse in appropriations if the work is necessary to support the exercise of Article III judicial powers.

In those cases, court and federal defender’s offices will determine on an individual basis what staffing resources they need to continue the work.

Under the act, federal judges’ pay may not be affected However, court personnel may be furloughed.