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Government Shutdown

Posted: Sun Apr 23, 2017 10:16 pm
by TEIAM
Anyone have any ideas what the implications would be for clerks? I know it happened back in 2013.

https://www.washingtonpost.com/news/the ... 1bdeb0114b

Re: Government Shutdown

Posted: Sun Apr 23, 2017 11:43 pm
by Anonymous User
Judiciary has the funds to stay open another 3 weeks and change. After that clerks and judges alike will presumably be shut down like the rest of the country. Guidance to current clerks thus far has not gone beyond that.

Re: Government Shutdown

Posted: Mon Apr 24, 2017 12:20 am
by Anonymous User
Anonymous User wrote:Judiciary has the funds to stay open another 3 weeks and change. After that clerks and judges alike will presumably be shut down like the rest of the country. Guidance to current clerks thus far has not gone beyond that.
Depends on the court.
Last time there was a shutdown, for example, the Eleventh Circuit declared all of its employees (including clerks) necessary, so they kept working.
(But no government employee--even an essential one--gets paid after appropriations run out. At least not until they inevitably get paid retroactively later on.)

http://www.ca11.uscourts.gov/sites/defa ... rder40.pdf

Re: Government Shutdown

Posted: Mon Apr 24, 2017 3:11 am
by Anonymous User
Anonymous User wrote:
Anonymous User wrote:Judiciary has the funds to stay open another 3 weeks and change. After that clerks and judges alike will presumably be shut down like the rest of the country. Guidance to current clerks thus far has not gone beyond that.
Depends on the court.
Last time there was a shutdown, for example, the Eleventh Circuit declared all of its employees (including clerks) necessary, so they kept working.
(But no government employee--even an essential one--gets paid after appropriations run out. At least not until they inevitably get paid retroactively later on.)

Ah. Didn't realize. Well the above still applies to at least majority of ninth circuit.

http://www.ca11.uscourts.gov/sites/defa ... rder40.pdf

Re: Government Shutdown

Posted: Thu Jan 18, 2018 9:09 pm
by Anonymous User
Anyone gotten any guidance if it actually comes to pass this time? Would paychecks get delayed, or is the judiciary's reserve (or whatever you want to call it) good for about three weeks like someone alluded to? Current chambers law clerk if it matters.

Re: Government Shutdown

Posted: Thu Jan 18, 2018 9:54 pm
by lavarman84
I haven't heard anything. I don't expect a shutdown to happen this time.

Re: Government Shutdown

Posted: Thu Jan 18, 2018 10:32 pm
by BlackAndOrange84
Anonymous User wrote:Anyone gotten any guidance if it actually comes to pass this time? Would paychecks get delayed, or is the judiciary's reserve (or whatever you want to call it) good for about three weeks like someone alluded to? Current chambers law clerk if it matters.
Like the posters above said, it's a court-by-court question. I'd ask around your courthouse about what happened in the last shutdown.

Re: Government Shutdown

Posted: Thu Jan 18, 2018 10:40 pm
by mjb447
BlackAndOrange84 wrote:
Anonymous User wrote:Anyone gotten any guidance if it actually comes to pass this time? Would paychecks get delayed, or is the judiciary's reserve (or whatever you want to call it) good for about three weeks like someone alluded to? Current chambers law clerk if it matters.
Like the posters above said, it's a court-by-court question. I'd ask around your courthouse about what happened in the last shutdown.
Yeah - even if “the judiciary” has some funds, a lot of budgeting decisions are made locally and I wouldn’t be surprised if different courts handle things differently. What happened last time is probably as good a guide as you’re going to get.

Re: Government Shutdown

Posted: Thu Jan 18, 2018 11:06 pm
by Anonymous User
Anonymous User wrote:Anyone gotten any guidance if it actually comes to pass this time? Would paychecks get delayed, or is the judiciary's reserve (or whatever you want to call it) good for about three weeks like someone alluded to? Current chambers law clerk if it matters.
CA9 clerk, here. We were forwarded an email today from the AO. Basically there is enough money from filing fees and what not to keep the judiciary running for about three weeks (paying all employees, paying jurors for service, etc.). Other decisions would have to be made from there.

Re: Government Shutdown

Posted: Fri Jan 19, 2018 9:46 am
by Anonymous User
2d Cir says clerks are essential by virtue of the judge, so we keep working and earning a salary. Whether we actually get paid on time during a shutdown, no one can say for sure, but there will be backpay.

Re: Government Shutdown

Posted: Sat Jan 20, 2018 12:58 am
by blueapple
lavarman84 wrote:I haven't heard anything. I don't expect a shutdown to happen this time.
what do you think now

Re: Government Shutdown

Posted: Sat Jan 20, 2018 1:04 am
by lavarman84
blueapple wrote:
lavarman84 wrote:I haven't heard anything. I don't expect a shutdown to happen this time.
what do you think now
Nope, no shutdown is happening.
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Yea, I was dead wrong. I didn't think the Democrats had the balls to follow through on their threats.