IN THE UNITED STATES DISTRICT COURT
FILED IN THE
FOR THE DISTRICT OF HAWAII UNITED STATES DISTRICT COURT
DISTRICT OF HAWAII
Feb 02, 2026
Lucy H. Carrillo, Clerk of Court
ORDER REGARDING
OPERATIONS OF THE UNITED ORDER
STATES DISTRICT COURT
DISTRICT OF HAWAII DURING
A LAPSE IN APPROPRIATIONS
ORDER REGARDING OPERATIONS OF
THE UNITED STATES DISTRICT COURT DISTRICT OF HAWAII
DURING A LAPSE IN APPROPRIATIONS
This order shall become effective upon a lapse in available
appropriations for the Federal Judiciary as determined by the Administrative
Office of the United States Courts.
Once the appropriations lapse, the court is required to limit its
activities and functions to recognized “exceptions” to the Anti-Deficiency Act.
Pursuant to the Guide to Judiciary Policy, Volume 13, Chapter 2, Section
and the October 11, 2023 memorandum, from Roslynn R. Mauskapf, prior
Director of the Administrative Office of the United States Courts. “Excepted
activities” include:
• Activities necessary to the exercise of the Judiciary’s
constitutional functions. This may include the resolution of cases
in which there is a constitutional or statutory grant of power;
• Activities addressing emergency circumstances, such that the suspension
of the function would imminently threaten the safety of human life or the
protection of property; and
• Activities otherwise authorized by law or by necessary implication. This
will include the Judiciary’s administration of entitlement payments funded
by the Judiciary Retirement Trust Fund and other limited activities.
The District Court has a constitutional and statutory duty to
continue to hear and resolve cases and the United States Probation and Pretrial
Services Office have the unique responsibility to ensure the safety of the public
through the supervision of individuals under the court’s jurisdiction.
The Court determines that its constitutional and statutory
responsibilities require the continued performance of certain excepted functions
during a lapse in appropriations. Employees whose duties directly support these
excepted functions, including the exercise of the Court’s Article III authority and
activities necessary for the safety of human life and the protection of property, are
designated as excepted and shall report to work during their normally scheduled
hours.
Employees whose duties do not support excepted functions will be
furloughed in accordance with applicable law and guidance for the duration of the
lapse in appropriations.
Purchasing, travel, and other expenses shall be limited to those
absolutely necessary to support the operation of the court and as permitted by
law.
The court will review this Order on at least a weekly basis to
reexamine whether the court can exercise its excepted functions at less than full
staff. Further, upon the enactment into law of an appropriation to fund the
Federal Judiciary, or a Continuing Resolution, this Order shall be automatically
vacated.
The Clerk of Court is directed to notify the United States
Marshals Service, the Office of the Federal Public Defender, the United
States Attorney’s Office, and the General Services Administration of the
entry of this Order.
IT SO ORDERED.
DATED: February 2, 2026 at Honolulu, Hawaii.
/s/ Derrick K. Watson
_______________________________
Derrick K. Watson
Chief United States District Judge
Order Regarding Operations of the United States District Court for the District
of Hawaii During a Lapse in Appropriations
