A federal judge in Little Rock on Friday halted all civil cases involving federal attorneys in the Eastern District of Arkansas, citing a lack of funding during the now eight-day-old partial government shutdown.
U.S. judges across the country have heard Department of Justice requests to stay civil cases until Congress resolves the budget impasse, which has closed about one-quarter of the federal government and severed paychecks for roughly 350,000 federal workers.
Some courts, including one of the nation's busiest in Manhattan, have granted the requests, while other judges have ordered court business to continue as usual, according to The Associated Press.
Chief District Judge Brian S. Miller issued the Little Rock order, which halts all civil cases handled by U.S. Department of Justice attorneys "until Congress appropriates money to fund" the office.
It also affects local cases handled by special assistant attorneys based outside the office, such as Social Security litigation involving government attorneys based in Dallas.
"Although the request is granted, it must be noted that there is almost no chance that a similar administrative order would be entered staying the cases of a private lawyer or law firm simply because that lawyer or firm has no money," Miller wrote.
"Indeed, most private practitioners routinely face this problem, but strap it up and go to work, or find other counsel for their clients," he continued. "Of course, the United States cannot hire another law firm to represent it when it has no funding, so the request is granted."
Miller's order is similar to one issued in the Eastern District five years ago during a funding impasse that ultimately lasted 16 days, said First Assistant U.S. Attorney Jonathan Ross.
Ross issued a request for a blanket stay after consulting with the clerk's office.
The request followed U.S. Department of Justice guidance, which allows attorneys on criminal cases to work as normal during the shutdown while civil attorneys are sent home, Ross said. Five assistant U.S. attorneys in the Eastern District handle most of the caseload, Ross said.
Neither Ross nor District Clerk Jim McCormack, the Eastern District's clerk, could provide an estimate on the number of affected cases.
A spokesman for the U.S. Attorney's Office in the state's Western District could not immediately say Friday evening whether a similar order had been sought or granted.
The clerk's office has enough money to operate as usual until Jan. 11, McCormack said.
The U.S. House and Senate passed conflicting appropriations bills prior to adjourning. Congress will reconvene next week, with a new Democratic majority in the U.S. House.
At the heart of the dispute is how much money Congress should give to the U.S. Department of Homeland Security to build a wall on the U.S.-Mexico border, a campaign promise of President Donald Trump.
Metro on 12/29/2018