Will federal courts shut down? How would pending cases be treated? Would timelines keep running?
According to the Administrative Office of the U.S. Courts: “In the event of a government shutdown on October 1, 2013, the federal Judiciary will remain open for business for approximately 10 business days. On or around October 15, 2013, the Judiciary will reassess its situation and provide further guidance. All proceedings and deadlines remain in effect as scheduled, unless otherwise advised. Case Management/Electronic Case Files (CM/ECF) will remain in operation for the electronic filing of documents with courts.”
Will prisons be secure?
According to the House committee on the Judiciary, care of prisoners and other persons in the custody of the United States is considered an excepted activity, as are personnel, in the event of a shutdown. Everyone who works at a Bureau of Prisons facility is considered a federal corrections officer. Thus, all prison employees are treated as essential. However, there will likely be some furloughs at the administrative offices, but employees working on intelligence and monitoring will likely also be considered essential. The same is likely to be true for pre-trial detainees held in the custody of the U.S. Marshals Service.
What happens with federal contracts?
According to the Congressional Research Service, effects of a shutdown on federal contractors “often depend upon the facts and circumstances of individual contracts, such as the funding source(s) for the contract, the type and terms of the contract, and where and how the contract is being performed. However, as a general matter, in the event of a shutdown, the Anti-Deficiency Act would greatly restrict agencies’ ability to enter new contracts, or to allot additional funds to existing contracts. Contractors with contracts that are fully funded are also likely to experience delays in performance and/or payment.”