As the federal courts approach the point where all non-appropriated funds are expended, which remaining employees are essential becomes a heart-breaking question. STOP! Reject the premise of the question. Given the loss of employees already suffered by the judiciary on account of the sequester and otherwise, why shouldn’t every remaining employee of every federal district court (including FPD employees) be declared “essential?” If the Chief Judge, and all the district judges, issued an order so stating, the Clerk of Court, the Federal Public Defender and all the other Unit Executives, would be protected from prosecution under the Anit-Deficiency Act. Furthermore, there is a strong argument for such a declaration. Best of all, such an order would set up an inter-branch dispute worth having.
A tough one. The Constitution gives the legislative branch power to fund, but it also mandates a complete judiciary. Plus there is the fact that this is adjudicated in a federal court which is very biased toward judges and lawyers.
No comments:
Post a Comment