FILED
MAR 1 ^ 2025
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMAOan [^^ne^cler
BY__J^fcA>_ . DEPUTY
IN RE: PLAN FOR LAPSE IN APPROPRIATIONS )
FOR THE DISTRICT COURT AND THE UNITED ) Misc. No. 22
STATES PROBATION OFFICE FOR THE )
WESTERN DISTRICT OF OKLAHOMA. )
ORDER
Pursuant to Volume 13, Chapter 2, § 230.50 of the Guide to Judiciary Policy, the
United States District Court for the Western District of Oklahoma adopts the following
plan for operating during a lapse in appropriations for the Judiciary.
1. Declaration of Policy. The District Court is constitutionally and statutorily
required to continue to exercise judicial power regardless of the status of
appropriations. The Court, however, is bound by the strictures of the Anti-
Deficiency Act, 31 U.S.C. §§ 1341-1342, in the event of a lapse of
appropriations. This Plan will govern in the event a Phase 2 lapse of
appropriations occurs, that is when balances from fees and no-year
appropriations are exhausted before Congress enacts legislation funding
judiciary operations, and the judiciary has no available funds to continue
operations. During a Phase 1 lapse, the Court will operate pursuant to the
provisions of the Guide to Judiciary Policy, see Volume 13, Chapter 2, §
230.50.10.
a. During a Phase 2 lapse, the judiciary, and accordingly the Court, will have
no funding to incur obligations or to make payments for most judiciary
activities. Therefore, in accordance with the Anti-Deficiency Act, the Court
is required to limit its operations so as to only incur obligations and
expenditures to perform "excepted activities." "Excepted activities" are
defined as:
i. activities necessary to support the exercise ofthe Article III judicial
power, i.e., the resolution of cases in which there is a constitutional
or statutory grant ofjurisdiction;
ii. activities addressing emergency circumstances, such that suspense of
the function would threaten the safety of human life or the protection
of property;
iii. activities otherwise authorized by law, either expressly or by
necessary implication, including:
1. Constitutional guarantees {e.g., the right to counsel under
the Sixth Amendment to the United States Constitution);
2. operating entitlement programs; and
3. executing activities needed for an orderly shutdown of
other official functions.
b. In accordance with these limitations the Court will continue to:
i. hear and decide cases without interruption;
ii. file new cases and maintain existing cases, as necessary to assist the
Court in implementing its orders and judgments;
iii. timely file and process filings, motions, orders, emergency
applications, warrants, and other litigation documents;
iv. collect and deposit fees and costs into the Treasury;
V. disburse restitution or registry funds pursuant to Court order;
vi. administer the petit jury and grand jury systems, including the
approval of payments to jurors through the Jury Management
System;' and
vii. appoint attorneys for persons deemed eligible under § IV.A.l of the
Court's Criminal Justice Act Plan (G.O. 24-6), authorize expert and
other services as appropriate, and review vouchers for payment.^
c. In accordance with the above limitations the Probation Office will continue
to;
i. produce reports on bail, sentencing, or release, and provide other
services required by Judges for the performance oftheir constitutional
duties in criminal cases;
ii. supervise individuals who have been released on conditions pending
trial or sentencing; and
iii. supervise offenders under supervised release, probation, or parole and
provide needed treatment services.
d. The Court and Probation Office will suspend all activities not specifically
'Although the Court will approve payments in the Jury Management System during a lapse, payment will not be
processed in the Judiciary Integrated Financial Management System, and accordingly,jurors will not be paid until
appropriated funds are available.
^ The Federal Public Defender processes vouchers for payment under the Criminal Justice Act in eVoucher.
Approval for payment by a judicial officer can occur during a Phase 2 lapse, however, the payment of vouchers will
be suspended until appropriated funds are available.
authorized in this plan, including:
i. the hiring of employees, including onboarding new interns and/or
pro bono law clerks;
ii. the purchasing ofequipment, supplies, and contractual services;^
iii. entering into new contractual obligations;
iv. non-essential training;
V. non-case related travel;
vi. supporting public and private non-adjudicative functions such as
naturalization ceremonies, bar organization meetings and functions,
and moot courts; and
vii. the attendance ofjudicial officers at public functions/appearances that
require security personnel.
e. Those employees perfonning tasks essential to the constitutional and
statutory mission of the Court and Probation Office are deemed to be
excepted employees. Excepted employees must report to work during any
lapse of appropriations unless granted leave.^ Employees not deemed to be
excepted employees will be placed in furlough status for the duration of the
lapse in appropriations; employees in furlough status may not report to work.
^ Even if a contract is in place when the Couit enters a Phase 2 lapse, any actions that would result in further expenses
under the contract will be curtailed unless clearly in support of activities designated essential. Further, payments for
goods and services acquired during a lapse in appropriates will be delayed until appropriated funds are available. A
Contracting Officer will notify contractors prior to a lapse in appropriations as directed by the Acquisition
Management Office(AMO)(formerly known as the Procurement Management Division).
'^Reimbursement for case-related and seniorjudge duty station travel will be suspended until funding is available.
^ Pursuant to 31 U.S.C. § 1341(c)(3), excepted employees are entitled to take leave during any lapse in
funding,
Pursuant to 31 U.S.C. § 1341(c)(2), all employees, whether excepted or in
furlough status, shall be paid for the period of the lapse in appropriations at
their standard rate of pay when funding is available.
f. The Court will advise the United States Marshals Service and the United
States General Services Administration of the level of services required to
maintain operation of the Court.
2. Judges and Chambers' Staff.
a. Each judge is mandated by either the Constitution or a federal statute to
continue working despite a lapse in appropriations. Each judge may employ
staff, for example law clerks and judicial assistants, who are essential to the
resolution of cases. Each judge must notify the Clerk of Court if any staff
member is to be placed on furlough status. Otherwise, all chambers' staff
will be deemed excepted.
b. During any lapse in appropriations, chambers staff may perform only
functions essential to the constitutional and statutory mission of the Court.
Accordingly, chambers staff may not work on ancillary matters, such as
preparing materials for an article or speech, or perform non-essential
administrative tasks.
3. Clerk's Office Personnel.
a. Clerk's Office staff perform functions essential to the Court's constitutional
and statutory mission, such as:
i. Ensuring the proper and timely processing of all pleadings, motions,
orders, emergency applications, and other litigation documents;
ii. Collecting and depositing fees, costs, and criminal debt payments
into the Treasury;
iii. Disbursing restitution and registry funds pursuant to Court order;
iv. Accepting and processing new civil and criminal cases;
V. maintaining the Court's information technology ("IT") systems,
including the Court's systems network, CM/ECF system,
courtroom technology, e-mail, internal and external websites, and
IT security;
vi. performing regular administrative duties and providing support to
both petit and grand juries, including the processing payment of
jurors in accordance with pre-existing procedures and as set forth
above.
b. The employees performing the identified excepted functions, by title, are:
i. Clerk of Court;
ii. ChiefDeputy;
iii. Administrative Assistant;^
iv. Courtroom Deputies;
V. Case Administrators;
^ The Administrative Assistant performs tasks that support the above constitutional and statutory obligations, such as
processing mail which includes incoming payments and supporting attorney admissions and attorney access to the
CM/ECF system.
vi. Court Reporters;
vii. Jury Specialist;
viii. Financial Administrator;
ix. Pro Se and Death Penalty Law Clerks;
X. IT Support to include:
1. Systems Manager;
2. Assistant Systems Manager;
3. IT Security Officer; and
4. At least one additional member ofIT to support courtroom
operations and end users;
XL The Procurement Specialist or Procurement Services Technician to
the extent it is necessary to procure interpreters for criminal
proceedings and to undertake action with regard to procurements
necessary to ensure the continuation of exempted activities; and
xii. The Budget Analyst to maintain and account for appropriated funds,
including reconciling payments that were disbursed before the
shutdown or during Phase 1;
xiii. The Human Resources Administrator as needed to modify the
furlough status of employees.
c. The Clerk of Court will determine the employees needed to perform
essential functions, including the number of such personnel when more
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than one employee is performing the function. In addition, the Clerk of
Court should determine the excepted or furlough status of employees on a
weekly basis in accordance with Vol. 13, § 230.50.40(a) ofthe Guide to
Judiciary Policy.
d. Procurements necessary to support excepted activities include:
i. The retention of interpreters for cases brought by the United States
as required by law, payment will be tendered once appropriated
funds are available; and
ii. Postage to the extent necessary to provide notice to parties and to
summons potential jurors.
4. Probation Office.
a. Probation Office staff perform functions that are essential to the Court's
constitutional and statutory mission, such as:
i. Producing reports on bail, sentencing, or release, and providing other
services required by Judges for the performance oftheir
constitutional duties;
ii. Supervising individuals who have been released on conditions
pending trial or sentencing; and
iii. Supervising offenders under supervised release, probation, or parole
and providing needed treatment services.
b. The employees performing these functions are listed by title below.
i. Chief;
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ii. Deputy Chief;
iii. Administrative Manager;
iv. Supervising Probation Officers;
V. Probation Officers
vi. Probation Technicians;
vii. IT Support, to include:
1. The Systems Manager, and
2. IT Specialist.
viii. The Procurement Specialist to undertake action with regard to
procurements necessary to ensure the continuation of excepted
activities;
ix. The Budget Analyst to maintain and account for appropriated funds,
including reconciling payments that were disbursed before the
shutdown or during Phase I; and
X. The Human Resources Specialist as needed to modify the furlough
status of employees,
c. The ChiefProbation Officer will determine the employees needed to
perform essential functions, including the number of such personnel when
one or more employee is performing the function. In addition, the Chief
Probation Officer shall determine the excepted or furlough status of
employees on a weekly basis in accordance with Vol. 13, § 230.50140(a) of
the Guide to Judiciary Policy.
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d. Procurements necessary to support excepted activities include:
i. Treatnent and location monitoring services, including services that
require travel to carry out such activities, in accordance with Vol.
13, § 230.50.30{j)(l)(B) ofthe Guide to Judiciary Policy.
IT IS SO ORDERED.
N
Entered this '' day of March 2025.
'J:-
TIMOTHY b. DEGIUSTI
CHIEF UNITED STATES DISTRICT JUDGE
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