Monday, December 24, 2018

Monday at the Bar: The Federal bench is still open.


An email circulating to lawyers who are admitted to practice in the Federal District Court of Colorado*:
U.S. District Court OPEN During Government Shutdown: Despite a government shutdown, the federal Judiciary, including the United States District Court for the District of Colorado, will remain open and can continue operations for approximately three weeks, through January 11, 2019, by using court fee balances and other funds not dependent on a new appropriation. Most proceedings and deadlines will occur as scheduled. In cases where an attorney from an Executive Branch agency is not working because of the shutdown, hearing and filing dates may be rescheduled. Case Management/Electronic Case Files (CM/ECF) also will remain in operation for electronic filing of documents. If the shutdown were to continue past three weeks, and exhaust the Judiciary’s resources, the Judiciary would then operate under the terms of the Anti-Deficiency Act, which allows work to continue during a lapse in appropriations if it is necessary to support the exercise of Article III judicial powers. Under this scenario, the Court would determine the staffing resources necessary to support such work. 
Sigh. . . sign of the times.
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*Which doesn't mean that you are admitted to practice in Colorado state courts. The Colorado Federal Courts allow admission under some circumstances to lawyers who are admitted in other states.

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