The following recommendation from the Unit Executives was approved last night by the active district judge for the District of Nebraska regarding implementation our shutdown plan:
UNITED STATES DISTRICT COURT
FY 2014 SHUTDOWN RECOMMENDATION
The judiciary shutdown is expected to commence on Friday, October 18, 2013. Pursuant to the District Court of Nebraska’s FY 2014 Shutdown Plan, the Court Unit Executives (CUEs) recommend to the active Article III judges that the court 1) permit all employees to perform essential work on Friday, October 18, 2013, and 2) furlough, i.e., place in a temporary non pay status because of lack of funds, each employee1 in the District Court Clerk’s Office, Probation, Pretrial Services, and Shared Services for one day (8 hours) per pay period, for a total of 99.26 days (794.08 hours) per pay period, commencing October 21, 2013 and ending when Congress passes a continuing resolution or an appropriation that is signed into law by the president.
During the judiciary shutdown period, employees may only perform the following essential work:
(1) activities necessary to support the exercise of the Article III judicial power, i.e., the resolution of cases in which there is a constitutional or statutory grant of jurisdiction;
(2) emergency activities necessary for the safety of human life and the protection of property; and
(3) activities otherwise authorized by law, either expressly or by necessary implication, including:
(A) items guaranteed by the Constitution (e.g., Article III judges= salaries);
(B) activities funded with available no-year appropriations (e.g., information technology resources, jury system, and federal defender program);
(C) entitlement programs (e.g., Judicial Survivors Annuities System, which is partly funded by judges= salaries); and
(D) minimal activities needed for an orderly shutdown of other official functions.
Staff will not perform functions that are unrelated to essential work (e.g., ancillary administrative tasks, non-essential training, and other similar activities).
1 Part-time employees furlough hours will be pro-rated.
Our Chief Judge, Laurie Smith Camp, was kind of enough to consult me about the implementation recommendation. I told her I agreed with it.