Federal Court in Chicago to Scale Back Operations as Funding Lapse Reaches Phase 2 (Chicago, IL) – The U.S. District Court for the Northern District of Illinois will enter Phase 2 of operations during the federal funding lapse on Friday, Oct. 18, resulting in suspended pay for employees and reduced court services, Chief Judge Virginia M. Kendall announced Thursday.
The court will continue to operate, but only to perform “excepted activities”—limited functions allowed under the federal Antideficiency Act, which prohibits federal agencies from operating without appropriated funds except in emergencies or to protect constitutional functions.
Beginning Friday, Clerk’s Office operations will be reduced, and court staff—currently working at 78 percent of authorized staffing levels—will be reassigned exclusively to work that directly supports essential court functions. While employees will continue to work, they will not receive paychecks until funding is restored.
“I am concerned that the lack of appropriation will create delays in the Court’s ability to ensure timely justice,” Judge Kendall said. “The dedicated public servants who allow those who seek redress prompt access to Court are now feeling the pain of their paychecks being suspended and facing difficult financial decisions to keep their families afloat because of the shutdown.”
Civil Cases Against Federal Government Already Impacted
Phase 2 was triggered after the judiciary exhausted remaining reserve funding not dependent on Congressional appropriations. The new restrictions build on earlier disruptions already in place since the shutdown began.
All civil cases involving the United States as a party have been paused since Phase 1 began. The funding lapse forced federal agencies like the U.S. Attorney’s Office to reduce staffing, limiting their ability to prosecute or defend civil litigation. As a result, the court issued an order staying deadlines in all such civil matters, with few exceptions.
Jury Trials to Continue — For Now
Despite the funding shortfall, criminal and civil jury trials will continue as scheduled. The Administrative Office of the U.S. Courts notified federal courts on Oct. 15 that it still has enough funds to pay petit and grand jurors. Grand jury proceedings will also continue.
However, Judge Kendall warned that could change if the shutdown persists. Once available juror fee balances are exhausted, courts may be forced to delay trials.
Court officials did not indicate how long they expect Phase 2 operations to last. Continued operations will depend on whether Congress approves new funding to end the shutdown and restore judiciary appropriations.
The Northern District of Illinois serves more than nine million residents across 18 counties and is one of the busiest federal trial courts in the nation
Federal Court in Chicago to Scale Back Operations as Funding Lapse Reaches Phase 2
