When the government shuts down, certain limitations are placed on D.C.’s courts. Here’s a list of what to know about court operations:
Litigation
According to a contingency plan posted to the U.S. Department of Justice’s website, criminal litigation will continue without interruption. That’s because criminal litigation is considered an activity essential to the safety of human life and the protection of property.
Alternatively, civil litigation will be postponed “to the extent that this can be done without compromising to a significant degree the safety of human life or the protection of property,” the plan states. Under this rule, litigators must make a request to the courts that active cases be postponed until funding becomes available. The court has the power to deny those requests.
Receipt of summonses, pleadings and motions by mail may also be delayed during the shutdown.
Immigration
Due to President Donald Trump’s declaration of a national emergency citing the threat to the national security and economy of the U.S. caused by illegal immigration, staff with the Justice Department’s Executive Office for Immigration Review are listed in the DOJ’s contingency plan as excepted from furloughs during the shutdown. According to the DOJ, “EOIR currently has a backlog approaching four million cases which would be greatly exacerbated during a shutdown absent excepted activities.”
Executive Office for Immigration Review court staff include administrative oversight and support staff, who are needed to process immigration cases and appeals involving detained respondents
According to the American Immigration Council, immigrant application interviews, naturalization ceremonies, biometrics processing and similar parts of the legal immigration system should remain unchanged during a shutdown. That’s because U.S. Citizenship and Immigration Services is almost entirely funded by fees paid by immigrants, U.S. citizens and employers paying for applications.
Marriage
A message on the D.C. Courts website states that the issuing of marriage licenses and performing marriage ceremonies will cease during the lapse, but staff will continue to issue certified copies of vital records, including marriage certificates.
During the last government shutdown, Mayor Muriel Bowser signed the “Let Our Vows Endure Emergency Act of 2019” or the LOVE act, a bill introduced by the D.C. Council that gave the mayor authority to issue marriage licenses and authorize officiants. That act has since expired, but in an email to WTOP, Bowser’s office confirmed she would sign it again if the council passes a similar act during this shutdown.
Jury duty and juvenile probation services
Jury duty is still on! Also, according to the D.C. Courts website, during the government shutdown, all jurors should report to court according to their jurors summons. This is because D.C. Courts will continue case resolution activities in all divisions and in the Family Court of the Superior Court and appeals in the Court of Appeals. Additionally, juvenile probation services provided by the Social Services Division will continue during the shutdown.
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