Amidst the government shutdown, Middle Georgia federal prosecutors work unpaid
Though civil cases involving the U.S. Attorney’s Office in Middle Georgia have stalled after a “lapse of appropriations” caused by the government shutdown, federal prosecutors continue to work on criminal cases, court records show.
Criminal cases and other judicial functions will proceed uninterrupted despite the government shutting down on Oct. 1 when Congress officials failed to come to a resolution on funding healthcare subsidies. While court officials will be paid using court fee balances , employees of the Department of Justice, including the U.S. Attorney’s Office for the Middle District of Georgia, will work unpaid.
Federal prosecutors are continuing to work according to the Anti-Deficiency Act, which allows them and other DOJ employees to work as “the Department’s mission related to the safety of human life and protection of property,” according to the department’s contingency plan for the 2026 fiscal year.
Chief Judge Leslie Abrams Gardner ordered on Monday that all civil cases involving the United States, its federal agencies, officers and employees, as well as the U.S. Attorneys and assistant U.S. attorneys, be paused.
But other federal court proceedings continue, including criminal cases, civil immigration cases and other civil matters that don’t involve federal employees. Court officials will be paid using court fee balances and other funds that aren’t dependent on the new appropriation, according to a news release from the U.S. Courts.
Those balances will last until Oct. 17, the news release said.
If the shutdown continues, the courts will operate under the Anti-Deficiency Act, which will allow work to continue during a lapse of appropriations “if it is necessary to support the exercise of... judicial powers,” the release said.
“Under this scenario, each court and federal defender’s office would determine the staffing resources necessary to support such work,” according to the release.
89% of DOJ employees continue to work
Nearly 5,000 employees with the DOJ whose compensation is financed by a resource other than the annual appropriation are exempt from the contingency plan and will continue to work and be paid.
But those employees who are necessary to perform activities authorized by law, necessary to the discharge of the president’s constitutional duties and powers and those necessary to protect life and property will continue working without being paid, according to the contingency plan.
They, as well as the 5,000 employees financed by other resources, represent 89% of the DOJ who continue working during the shutdown.
The rest of the employees will be furloughed, according to the contingency plan.
It is unclear when funding will be restored by Congress.