The Shutdown and the Federal Judiciary

THE SHUTDOWN AND THE FEDERAL JUDICIARY

As a bar association, it is part of our mission to defend the judiciary, both state and federal.  Now that Election Day has passed, we believe we are compelled to point out the impact of the government shutdown on the federal judiciary. 

The shutdown has impacted the federal judiciary in several ways.  While the judges themselves are being paid, as Article III requires since judges are protected against decreases in pay to protect their independence, many other court employees are not.  Clerks and other courthouse staff, essential to the functioning of the courts, are not being paid even though they are being asked to work voluntarily.  AUSAs and assigned defense counsel in criminal cases, required to be appointed for the indigent by Gideon v. Wainwright, also cannot be paid, nor can they hire experts, accountants and other persons providing necessary support services in criminal cases.  U.S. Marshals who provide courthouse security in an era where judges are increasingly under threat were paid in October, but likely will not be starting in November.  Most civil cases involving the government have been stayed.  While different districts are implementing these restrictions differently, depending on their individual caseloads and needs, one can easily see a day, soon to come, where the federal judicial system will rapidly grind to a halt, until the shutdown comes to an end.

We call on Congress, and the President, to consider the special needs of the judiciary, as a co-equal branch of our federal government, to be funded adequately to conduct its core functions even amidst the continuing shutdown.  Having a functioning judiciary is essential to our governmental system.  A special funding bill for the federal judiciary should be passed.

We are cognizant that there are many other compelling needs to be met, and many other federal employees not being paid.  The judiciary is, we believe, a special case, since it is a co-equal branch, and should not be subject to infighting among the other two co-equal branches.

Richard P. Swanson, NYCLA President

Ronald C. Minkoff, NYCLA President-Elect

About the New York County Lawyers Association
The New York County Lawyers Association (www.nycla.org) was founded in 1908 as one of the first major bar associations in the country that admitted members without regard to race, ethnicity, religion, or gender. Since its inception, it has pioneered some of the most far-reaching and tangible reforms in American jurisprudence and has continuously played an active role in legal developments and public policy.

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