BJay Pak, U.S. attorney for the Northern District of Georgia (Photo: John Disney/ALM)

Federal courts in the Northern District of Georgia have sufficient funds to operate fully staffed until Jan. 11 despite the ongoing shutdown, a district court official said Wednesday.

The court will remain open and operation after that date if the government shutdown continues, said court executive James Hatten. The courts are using court fee balances and other funds not dependent on a new appropriations bill to stay operational.

“It's just a matter of what staff will be here,” Hatten said. “The staff that will be here … will be working in anticipation of pay but not receiving it.”

The U.S. Court of Appeals for the Eleventh Circuit in Atlanta also remains open. It has posted a notice to that effect on its website, adding that all filing deadlines remain in effect and that PACER remains functional.

Kate Adams, an attorney adviser in the circuit executive's office, referred The Daily Report to the website notice. Lawyers with cases affected by the shutdown are negotiating with the appeals court “on an individual basis,” she said in an email. The court will not announce any further plans regarding the shutdown unless it continues past Jan. 11.

Meanwhile, the office of the U.S. attorney for the Northern District of Georgia is functioning at about 60 percent capacity, said U.S. Attorney Byung J. “BJay” Pak. Because the lapse in funding occurred during the holiday season, Pak said, “We really haven't seen too much of an impact. There are a lot of people who have been on vacation.”

But he said the shutdown has delayed all civil cases—including forfeitures and representation of federal agencies in litigation—normally handled by the civil lawyers and their support staff. Pak said he asked the judges to stay civil cases handled by his office until the furlough is over. Pending criminal cases will go forward as usual.

“All the judges have been very receptive and accommodating,” he said. But, he added, “Whatever the court wants to address, we do it, regardless of a lapse in funding.”

On Dec. 26, Chief Judge Thomas Thrash issued an administrative order staying civil proceedings where the federal government, federal agencies, officers and employees are parties or where the U.S. attorney or members of his legal team are counsel of record until appropriations are restored.

Thrash also ordered that deadlines in any civil case affected by the shutdown be automatically extended by the number of shutdown days.

Pak said he has “fantastic men and women” in his office, many of whom have volunteered to be furloughed on a rotation basis so no single group or section bears the brunt of the funding lapse. Those who continue to work are doing so without pay for now, he said. “We are going to do what's necessary … to keep the public safe.”

“It's about mission first here,” Pak continued. “Obviously, I am very humbled by the tremendous amount of dedication shown.”

Hatten said the court is already planning operations if the shutdown extends past Jan. 11.

“All judges are essential, of course,” he said.

Regarding support staff, he said it's difficult to say someone is not essential, since support staff is already lean. Only two people are assigned to handle juries, and each judge is assigned a single courtroom deputy.

“Many courts have determined in the past that all staff is essential,” Hatten said. “Our court could do that as well.”

“I assure you the courts will remain open for business and doing business up to and including Jan. 11 and beyond. We will have enough people to support them.”