The National Law Journal reports that several federal courts have rejected advice and declared that all of their employees are essential.  “A growing number of federal chief judges have had enough.”

Frustrated by Shutdown, Federal Judges Push Back

 

Frustrated by the budget stalemate in Congress, many judges across the country declared all employees essential in the face of a shutdown—a bold but necessary move, the judges said, to ensure basic court operations past the judiciary’s funding date of October 17.

In more than two dozen courts, from busy urban districts in New York and Chicago to rural areas, judges went against guidance from the judiciary urging them not to enter broad orders deeming all staff essential. Judges said severe budget cuts over the past year left them no choice.

“We’re drowning,” said Chief Judge Anne Conway of the U.S. District Court for the Middle District of Florida, who declared all employees essential on October 7. “We’re treading water to keep our heads up. There’s just nobody left.”

The federal judiciary has enough money to keep courts fully operational through at least October 17th. Beyond that, the chief judges of district, appeals and bankruptcy courts were instructed by the Administrative Office of the U.S. Courts to figure out a shutdown plan for their respective courts.

Under federal law, only employees deemed “essential” could keep working if Congress failed to pass a budget by the start of the fiscal year on October 1. Now almost two weeks in, chief judges across the country said furloughs were off the table if the shutdown outlasted the judiciary’s funding.”