Local Rule Rule 512: Lapse in Appropriations

RULE 512. LAPSE IN APPROPRIATIONS

This Rule shall become effective only when Congress fails to enact legislation to fund operations of the United States Courts. The Anti-Deficiency Act, 31 U.S.C. § 1342 limits permissible government activities in the event of such a failure to those otherwise "authorized by law" or those needed to meet "cases of emergency involving the safety of human life or the protection of property."

This Court is directly involved in the judicial process, and under the Constitution and laws of the United States, it is always open to exercise the judicial power of the United States. Thus, the Court must continue, even in the absence of funding by Congress, to receive new cases, and hear and dispose of pending cases. Activities will, however, be limited as nearly as practical to those functions necessary and essential to continue the resolution of pending cases. The Court shall advise the United States Marshal and the General Services Administration of the level of building and security services necessary to maintain such court operations.

The Court finds that district judges' staff, magistrate judges' staff, the Clerk's Office, the CJA Supervising Attorney, the staff attorneys, the Probation Department, the Pretrial Services Office, the Federal Public Defender's Office, Criminal Justice Act attorneys, official court reporters, and jurors are all excepted employees essential to the continuation of court operations. Work of all personnel shall be limited to those excepted functions set forth above. In the event any personnel are not engaged in those services, they shall be furloughed for the period of lapsed appropriations.

The Court will recognize that the United States Attorney, as an officer of the Department of Justice, may have to restrict the role of the staff of the United States Attorney's Office to cases "essential to protect life and property."