The partial United States government shutdown in October affected about one-third of all public services, including the justice system. Due to the stalemate between President Barack Obama and the Republican leadership, federal courts announced that they would be delaying civil cases, which caused a tremendous concern amongst legal professionals.
At the time, it was reported that criminal trials would proceed ahead because they are constitutionally required to go to a speedy trial. Bankruptcy cases and appeals were also moving ahead. Civil cases, meanwhile, felt the effects of the shutdown as they were delayed because prosecutors had diminished staff members.
District courts had placed civil cases on hold, except those that were already on trial. Immigration court proceedings were also put on hold for the time being until the government shutdown had been resolved between the Republicans and Democrats.
“The Constitution tells us what we have to do and we can’t control our workload. It walks in the door, whether we’re funded or not funded,” U.S. District Court Chief Judge Loretta Preska in New York told the Associated Press.
All across the country – California, New York, Montana, New Hampshire, Pennsylvania – federal prosecutors, staff members and federal agency experts were sent home. However, some states, such as Florida, Michigan, Indiana and Nevada, announced that all of its employees were essential and that litigants, attorneys and members of the public wouldn’t notice much difference in the daily operations of those procedures.
One contingency plan made public found that the Department of Justice furloughed 17,742 employees, or roughly 15 percent of its workforce, beginning Oct. 1, including those working in the Antitrust Division, Civil Rights Division and the Executive Office for Immigration Review.
The end of the government shutdown came at a good time for courts in states around the nation. It was reported by the administrative office of the U.S. courts in Washington, D.C. that the justice system would have been forced to rely on revenue sources and fees until Oct. 17, which by then they would have run out of the necessary funds. Furthermore, this forced court officials to eliminate non-essential spending, such as equipment acquisitions, training and travel.
There were numerous concerns that there would have been no funds to pay for security officers, attorneys and even jurors – for the two weeks, there were warnings that there could have been no money for juror reimbursement. In the event of an extended shutdown, experts say that each case would be stood case-by-case and determined by the judge who is in charge of the case.
Here is a statement made by Texas government lawyers on Oct. 2 in a filing:
“Department of Justice attorneys and employees are prohibited from working, even on a voluntary basis, except in very limited circumstances including emergencies involving the safety of human life or the protection of property.”
In the end, the government reopened, civil servants were sent back to work and public officials proclaimed that there will not be another government shutdown… that is until the next major governmental event in the middle of March, according to experts, because the new debt ceiling cap will be at around $17.3 trillion.