Today the District of Delaware issued a Public Notice and Order regarding its anticipated continued operations during the federal government shutdown.
Per the Public Notice, funds are only available to maintain normal operations of the District Court through next Friday, January 25. As the Court has determined that all its judicial officers and staff are essential personnel, after that day all District of Delaware employees will continue to report to work. The operations of the Clerk’s Office, including the acceptance and processing of new civil and criminal cases, will also remain in effect.
In terms of active cases, “[t]o the extent possible, the Court will be open and operational without disruption, including by conducting jury trials and other criminal and civil proceedings.” Any proceeding regarding the potential deprivation of an individual’s liberty will be deemed the most essential of all judicial functions. The Court will then determine, on a case-by-case basis, action required on its remaining pending civil and criminal matters. It “remains within the discretion of each judge to manage his or her own docket, which may or may not include granting requests for stays or other relief.”