Many staffers of Minnesota’s federal courts have been directed to report for work next week despite an announcement on Friday that money has run out to pay for nonessential work amid the ongoing federal government shutdown, forcing the system into “limited operations.”
Though the shutdown began Oct. 1, the country’s federal courts system has been able to remain afloat through court fee balances. That funding is set to dry up Monday, according to an announcement by the U.S. District Courts, until the shutdown is resolved. The announcement mandates that court staff perform only essential activities, defined as “necessary for the safety of human life and protection of property,” without pay. Any nonessential workers will be furloughed.
The announcement said each individual federal court system will determine how its cases and probation will continue during the funding lapse.
“Each appellate, district, and bankruptcy court will make operational decisions regarding how its cases and probation and pretrial supervision will be conducted during the funding lapse,” the statement said. “Each court and federal defender’s office will determine the staffing resources necessary to support such work.”
Ahead of Friday’s announcement, Minnesota’s District Court’s Chief Judge Patrick Schiltz addressed the funding lapse in an administrative order that directed many staff to report to work in the court system, which includes the Diana E. Murphy U.S. Courthouse in Minneapolis, the federal courthouse within the Warren E. Burger Federal Building in St. Paul, the Gerald W. Heaney Federal Building and U.S. Courthouse and Customhouse in Duluth and the Edward J. Devitt U.S. Courthouse and Federal Building in Fergus Falls.
“The District Judges of this Court exercise judicial power under Article III of the United States Constitution, and the Magistrate Judges, Bankruptcy Judges, and staff of this Court provide critical support of that exercise of judicial power,” Schiltz said in his order, issued on Wednesday.
Schiltz added that district judges, magistrate judges, bankruptcy judges, law clerks, judicial assistants, court reporters, court deputies, clerk’s office employees, bankruptcy court staff and probation and pretrial services officers will “continue to perform excepted activities” and are “directed to report to work” for their regular hours, unless otherwise notified.
Asked if the memo will delay any proceedings, a spokesperson for Minnesota’s federal court system pointed to the District of Minnesota’s website, which states court hearings, including trials, will take place and jurors should report for jury duty.
