Federal courthouses in Houston and elsewhere will remain open during the government shutdown, according to an online update posted by the Administrative Office of U.S. Courts.
The judiciary can continue to operate for about three weeks, through February 9, using accumulated balances from court fees and other funds that are not tied to appropriations.
The courts will proceed and deadlines will remain intact in most cases. In cases where an attorney from the executive branch has been put on hold by the shutdown, deadlines can be extended and court dates reset, the site says.
The U.S. Marshal's Office will also be functioning during the shutdown, according to spokesman Alfredo Perez. Likewise, the FBI, DEA, ATF and other law enforcement agencies are also exempted from the shutdown
In addition, court filing through the electronic system know as Case Management/Electronic Case Files (CM/ECF) or PACER will also remain intact.
After three weeks, work could continue as needed but resources would be exhausted. In that scenario, specific courts and federal defender's offices would determine the staffing resources necessary to remain functioning.
The majority of the Justice Department divisions, more than 82 percent of its employees, are shielded from the shutdown because the department's "mission relates to the safety of human life and the protection of property," according to a contingency plan written in September that employees are relying on for guidance.
This plan explicitly states that, "The law enforcement capacity of the U.S. Government should not be impaired or perceived to be impaired. To do so could constitute an imminent threat to the safety of human life and the protection of property."
Criminal cases will move forward for this reason, but civil cases will be in a holding pattern to the extent possible without endangering "human life or the protection of property."
Lawyers at the U.S. Attorneys office are encouraged to postpone civil cases when possible. And attorneys handling those cases will be reduced to minimum staffing levels. The instructions say that, "Receipt of summonses, pleadings and motions by mail may be delayed," for these lawyers.
The Federal Bureau of Prisons also has a separate carryover funding source and will not be impacted, according to the contingency plan.
Justice officials will remain in place to handle all immigration cases and appeals involving detentions.