Judicial Conference warns proposed funding would be ‘detrimental’

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The Birch Bayh Federal Building & U.S. Courthouse in downtown Indianapolis. (IL file photo)

The Judicial Conference is warning Congress that proposed funding for the judicial branch for fiscal year 2024 would have a “detrimental impact” on the administration of justice and the functioning of federal courts.

In letters to the U.S. House and Senate Appropriations Committee leadership, potential impacts listed included staff downsizing, an inability to provide court-appointed counsel and deferment of courthouse security improvements.

According to the Judicial Conference, the funding approved by the House panel provides $454 million less than the $9.14 billion it asked for. The Senate’s version would provide $571 million less than the ask.

More than 80% of the requested increase is necessary to maintain current operations, the letters say. That includes space rental and other “inflationary adjustments,” along with a 5.2% pay adjustment for 2024.

Addressing court security, the letters say that although the House’s version of the budget is close to the judiciary’s request of $783.5 million for security, the Senate’s version freezes the appropriation at $750.2 million.

Funding at the lower level would come at a time of increased threats, the letters say, citing a 300% increase from 2015 to 2022 in the number of threats and inappropriate communications targeting judges and other court personnel.

Deferred security improvements would include x-ray equipment and replacing outdated video security systems, the letters say.

For defender services, the letters say if the decrease in funding were to be applied solely to federal defender offices, they would have to downsize by 368 full-time equivalents under the House version and 493 full-time equivalents under the Senate version.

If the shortfall were applied to payments to private practice panel attorneys appointed to take Criminal Justice Act cases, the letters say payments would need to be suspended beginning July 11, 2024, under the House bill and beginning June 18, 2024, under the Senate bill, through Sept. 30, 2024.

The “vast majority” of the budgets for other judicial branch organizations such as the Federal Judicial Center and U.S. Sentencing Commission are personnel costs, the letters say, so a funding shortage “has a direct and immediate impact on staffing l

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