‘Timely justice?’ Shutdown means case delays, no pay for staff at federal courthouse in Chicago

Fallout from the government shutdown is inflicting financial pain on workers at the Dirksen federal courthouse in Chicago and delaying some litigation.

Saturday marked the start of “Phase 2” of shutdown consequences, said Virginia Kendall, chief judge of the Northern District of Illinois.

That means most employees will be working without pay and inadequate funding will shrink the number of cases the courthouse can handle.

In addition, the clerk’s office will be staffed at 78% of authorized levels.

“I am concerned that the lack of appropriation will create delays in the court’s ability to ensure timely justice,” Kendall said in a statement Friday.

“Furthermore, 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,” Kendall noted.

Court officials will be prioritizing cases involving emergency circumstances and “activity that protects constitutional guarantees.” For example, a hearing on a lawsuit filed by Chicago and the state of Illinois against the Trump administration over deploying the National Guard to the region is still scheduled for Wednesday.

The shutdown started Oct. 1 and Congress remains at an impasse. Democrats are seeking concessions on extending health care benefits and Republicans are pushing to reopen the government first.

The government’s state of limbo will also throw a wrench into many civil cases.

“The lapse in appropriations required a reduction in the workforce of the United States Attorney’s Office and other federal agencies, particularly with respect to prosecution and defense of civil cases,” Kendall stated. “The court entered an order staying all deadlines in all civil cases involving the United States as a party, with limited exceptions.”

However, sufficient funding is available to pay grand jurors and regular jurors for the time being, she noted.

“Therefore, all trials and grand jury sessions will continue as scheduled until such time as the (administrative office) determines that fees for jurors have been exhausted.”

However, some cases have already been postponed for fear of a prolonged shutdown, legal experts said.