UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
In Re: CONTINUED OPERATION OF UNITS
OF THE UNITED STATES DISTRICT
COURT FOR THE WESTERN DISTRICT OF
Administrative Order No. 25-MS-094
MICHIGAN DURING A LAPSE IN
APPROPRIATIONS
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This Order shall take effect upon a lapse in a duly enacted appropriation or continuing
resolution for Fiscal Year 2026, and exhaustion of all no-year funds and fee revenue, which is
currently projected for close of business on October 17, 2025. Once triggered, this Order shall
remain in effect until the lapse is cured by a duly enacted appropriation, or until authorized funds
otherwise become available for the Court.
The United States District Court for the Western District of Michigan, including the United
States Bankruptcy Court, and Probation and Pretrial Services, shall continue to perform their
Constitutional duty to hear and decide cases and to support case disposition, without interruption.
All cases shall continue to be processed according to normal schedules and priorities in the
discretion of the assigned judicial officer.
The Guide to Judiciary Policy, Vol. 13, Finance and Budget, Ch. 2 §§ 220.30, et seq.,
allows discretion to court units in determining judicial officers and staff deemed necessary to the
performance of essential court functions that are excepted under the Anti-Deficiency Act.
The Court Unit Executives, in consultation with the Chief Judges of the District and
Bankruptcy Courts, have developed plans entitled Lapse Plan for the United States District Court,
Western District of Michigan and Shutdown Plan of the United States Bankruptcy Court, Western
District of Michigan that express the District’s policies on excepted functions and services.
Consistent with policy, and following a careful review of assigned responsibilities and the
work actually being performed, the Court has determined that all Chambers staff are deemed
essential to perform “excepted activities.” The Clerk of Court will evaluate clerk’s office staff
needed to perform those “excepted activities” that must continue during a government shutdown
because they are necessary to: support the work of Article III judges, protect life and property, and
fulfill constitutional and statutory obligations that cannot be postponed. Based on this evaluation,
the District and Bankruptcy Courts will staff the number of clerk’s office employees needed to
complete these activities, while all other staff will be placed on rotational furlough.
As Probation and Pretrial Services is a law enforcement agency, the Chief U.S. Probation
Officer has deemed all Probation and Pretrial Services staff essential, wherein each staff performs
“excepted activities.” Similarly, the Chief U.S. Probation Officer will evaluate staff needed to
perform those “excepted activities” that must continue during a government shutdown. Based on
this evaluation, U.S. Probation Office staff may be placed in furlough status when “excepted
activities” are not available to be performed.
Employees performing excepted functions must report to work in a non-pay status. Payroll
will be processed after an appropriation is enacted to fund judiciary operations.
Staff will not perform functions that are unrelated to “excepted activities” as set forth in
the Court’s lapse plan (e.g., ancillary administrative tasks, non-essential training, and other similar
activities). The Court Unit Executives will monitor staff’s work activity to ensure compliance
with their respective lapse plans and ongoing guidance from the Administrative Office of U.S.
Courts. The Court Unit Executives will adjust staffing levels as needed to ensure only excepted
work is performed during the lapse of appropriation or otherwise place staff in a furlough status
as required by law.
The General Services Administration shall provide the level of services and building
maintenance necessary to ensure that all court facilities are kept open for regular hours plus any
extended hours while court is in session, as permitted by law. The United States Marshals Service,
the Federal Protective Service, and other security providers shall maintain all functions necessary
for the appropriate security of all judges, court employees, jurors, and the public for the safe use
of all United States Court facilities within the District, as permitted by law.
This Order may be modified or superseded by further order of this Court.
IT IS SO ORDERED.
FOR THE COURT:
Dated: October 17, 2025
HALA Y. JARBOU
CHIEF UNITED STATES DISTRICT JUDGE
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