Chief Judge Virginia M. Kendall of the U.S. District Court for the Northern District of Illinois has issued a stark warning that court employees will stop receiving pay and operations will be significantly reduced as the federal judiciary enters the next stage of its government shutdown procedures. In a statement released Friday, Judge Kendall said the court will move into “Phase 2” on Saturday, October 18, after running out of available funds to maintain normal operations.
Under Phase 2, the Clerk’s Office will be staffed at about 78% of its authorized level and will carry out only “excepted” duties necessary to comply with the Antideficiency Act. This federal law prohibits agencies from spending money before Congress appropriates it, meaning that only constitutional and emergency functions can continue. “I am concerned that the lack of appropriation will create delays in the court’s ability to ensure timely justice,” Kendall said, noting that dedicated court employees now face suspended paychecks and difficult financial decisions as the shutdown drags on.
The Northern District of Illinois includes the Stanley J. Roszkowski Courthouse in Rockford, which has already been operating in Phase 1 since October 1. During that period, the court stayed all deadlines in civil cases involving the United States as a party, with few exceptions. The shutdown has forced staffing cuts across the U.S. Attorney’s Office and other federal agencies, halting much of the government’s civil litigation work.
The Administrative Office of the U.S. Courts informed district courts on October 15 that they still have enough funds to pay petit and grand jurors for now. As a result, criminal trials and grand jury sessions will continue until juror fee funds are depleted. Judges and Supreme Court justices will remain on salary, protected by constitutional provisions that prohibit reducing judicial pay. However, thousands of judiciary employees across the country — including clerks, probation officers and public defenders — will soon be required to work without pay or face furloughs. The Supreme Court building will also be closed to the general public.
Nationwide, the judiciary’s limited reserves are projected to run out early next week, triggering widespread furloughs and a major reduction in court activity. The Administrative Office’s director, Judge Robert Conrad, said in an internal memo that courts had already postponed planned spending to preserve resources but can no longer continue at full capacity without congressional action. This marks the first time in nearly 30 years that the judiciary has been forced to furlough staff during a funding lapse.
Delays in civil matters are expected to grow, compounding the effects already felt since the start of the shutdown. Judge Kendall expressed concern that continued inaction from Congress threatens not only the delivery of justice but also the livelihoods of the judiciary’s dedicated workforce.
Sources: WIFR, Rockford Register Star, Reuters
