COURT ADMINISTRATION - LAPSE IN APPROPRIATIONS

AND/OR DISRUPTION IN SERVICE This Rule will 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. § 1515, 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 protections 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 as a unit of the District Court. Thus, the Court must continue, even in the absence of funding by Congress, to receive new cases and to hear and dispose of pending cases. Activities will, however, be limited as nearly as practical to those functions necessary and essential to continue the administration of pending cases.

The Court will advise the United States Marshals Service and the General Services Administration of the level of building and security services necessary to maintain such Court operations. The Court finds that judges’ staffs and the Clerk and the Clerk’s staff are persons essential to the continuation of Court operations.