Federal Courts Begin Furloughs as Shutdown Drains Judiciary Budget

Employee Furloughs and Payment Obligations

The Government Employee Fair Treatment Act of 2019 mandates that all judiciary employees—whether furloughed or designated to perform excepted activities—receive back pay at the earliest date possible after appropriations are enacted. Conrad’s memorandum acknowledges the “complex financial implications” furloughs create for affected employees and their families.

Federal court clerks, probation officers, pretrial services officers, circuit mediators, and bankruptcy administrators face uncertain work schedules depending on their designation status. Only employees performing activities deemed constitutionally or statutorily required will report to work during Phase 2.

Broader Government Shutdown Context

The judiciary’s funding crisis stems from Congress’s failure to pass FY 2026 appropriations legislation covering the federal court system. While the judiciary operates as an independent branch under Article III of the Constitution, it depends on congressional appropriations for operational funding.