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    Federal Court Funding

    Last Updated: 6/1/2023

    Overview

    The Federal Judiciary requires sufficient funds to perform the core functions assigned to it by the Constitution and Congress. These include adjudicating all cases filed in federal courts; supervising defendants awaiting trial and criminals on post-conviction release; providing representation for indigent defendants; securing jurors for jury trials; and ensuring the safety of all those who work at or enter federal court facilities. These are vast responsibilities that generate a workload over which the Judiciary has no control. In 2022, over 420,000 cases were filed in district courts and courts of appeal; over 395,000 petitions were filed in bankruptcy courts; over 148,000 persons were placed under pre-trial or post-conviction supervision; and 143, 287 indigent criminal defendants were provided counsel under the Criminal Justice Act.

    In 2013, across-the board budget cuts that were mandated by the Budget Control Act of 2011 reduced non-defense discretionary spending by five percent, The Judiciary, like every other component of government was subject to the mandatory cut, resulting in $350 million funding reduction. Congress recognized that a cut of this magnitude constrained the operations of the courts nationwide and has been respectful of the need to provide adequate funding for the Third Branch to assure that it can perform its statutory and constitutional duties in a timely and impartial manner.     

    • In FY 2014, Congress restored the Judiciary’s discretionary funding to its pre-sequestration level of $6.516 billion. 
    • In FY 2015, the Judiciary received $6.7 billion in discretionary funding, a 2.8% increase over the prior year.
    • In FY 2016, the Judiciary was funded at $6.78 billion in discretionary funding, a 1.2% increase over FY 2015 funding.
    • In FY 2017, the Judiciary was funded at $6.9 billion in discretionary funding, a 2.2% increase over the prior year’s funding.
    • In FY 2018, the Judiciary was funded at $7.1 billion in discretionary funding, a 2.7% increase over the prior year’s funding.
    • In FY 2019, the Judiciary was funded at $7.26 billion in discretionary funding, a 2.1% increase over the prior year's funding.
    • In FY 2020, the Judiciary received $7.487 billion in discretionary funding, a 3.2% increase over the prior year’s funding.
    • In FY 2021, the Judiciary received $7.72 billion in discretionary funding, a 3.1% increase over the prior year’s funding. 
    • In FY 2022, the Judiciary received $7.99 billion in discretionary funding, a 3.5% increase over the prior year’s funding.
    • In FY 2023, the Judiciary received $8.46 billion in discretionary funding, a 5.9% increase over the prior year’s funding. 

    Additional information on the Judiciary's appropriation for FY 2013 - FY 2023 is available here.  

    FY 2024 Funding Request

    The  Judiciary is seeking $9.1 billion in discretionary funding from Congress for  FY 2024, an increase of 8.0 percent over the FY 2023 appropriation of $8.46 billion, according to the Judiciary’s budget request, which was released to the public on March 9.

    Summary of Request.  In the budget submission, Judge Amy J. St. Eve, chair of the Judicial Conference Budget Committee, and Judge Roslynn R. Mauskopf, director of the Administrative Office of the U.S. Courts, wrote that the funding is needed to maintain existing services, add some staffing to address caseload increases, and bolster IT security.

    According to a summary published by the  Administrative Office of the U.S. Courts (AO) at  https://www.uscourts.gov/news/2023/03/09/judiciary-seeks-91-billion-fy-2024-budget-request, the Judiciary’s discretionary budget funds four primary categories of expenditure. The largest category, $6.4 billion for the salaries and expenses of courts nationwide, funds critical new investments, including additional clerks and probation and pretrial services office staff due to higher workload estimates, and tenant alterations required to address life and safety issues. The request also includes $156.7 million for the courts to support the FY 2024 portion of the Judiciary’s multi-year cybersecurity and IT modernization plan.

     In addition, the AO stated that the Judiciary is requesting $1.5 billion for defender services, an increase of $150.3 million (10.9 percent) over the FY 2023 enacted level. This would fund a projected 204,100 Criminal Justice Act representations in FY 2024. The request also includes $9.9 million for the federal defenders’ FY 2024 costs in support of the Judiciary’s multi-year cybersecurity and IT modernization plan.

    A total of $783.5 million is requested for court security, an increase of $33.3 million –or 4.4 percent-- above FY 2023. The funding would pay for some judicial security enhancements enacted into law during the 117th Congress   in response to the 2020 slaying of Judge Esther Salas’ son, at their home in New Jersey. It also would cover emergency management activities, additional U.S. Marshals Service staffing requirements, and continued replacement and modernization of security systems and equipment.

    The Judiciary also seeks $59.9 million for jurors’ fees, an increase of $1.7 million (2.9 percent) over the FY 2023 enacted level.

    The AO also said funding for three partially funded courthouse projects is needed in the budget of the General Services Administration, which manages courthouse construction. These include $315.6 million in design and construction funding to address a judicial space emergency in San Juan, Puerto Rico, and $128.1 million and $76.3 million to fully fund construction of the new courthouses in Hartford, Connecticut, and Chattanooga, Tennessee, respectively. The Judiciary’s request notes that a cost estimate is being developed for a new courthouse in Bowling Green, Kentucky.

    Prognosis. Given renewed efforts by House Majority Leader Keven McCarthy and his Republican colleagues to significantly reduce domestic discretionary spending, it is not likely that Congress will grant the Judiciary’s request for an 8% appropriation increase   in FY 2024.  When running for the hotly contended Speaker position at the start of the 117th Congress, McCarthy pledged to keep discretionary domestic spending in FY 2024 to FY 2022 levels. The debt ceiling deal that recently passed cuts domestic spending by $1 billion in FY 2024. While much of that will be offset by other funds that will be redirected (e.g., unobligated COVID-19 relief funds and funds to hire more IRS personnel), it nonetheless does not bode well for a robust funding increase for the Judiciary in 2024.  Stay tuned for an update.  

    Key Points

    • The ABA urges Congress, when making budgeting decisions, to take into consideration that the Federal Judiciary is essential to preserving constitutional democracy and freedom.
    • The ABA urges Congress to protect the Federal Judiciary from future deficit reduction.
    • ABA policies on federal court funding may be accessed here. 

    Contact

    Denise A. Cardman, Deputy Director
    Governmental Affairs Office
    American Bar Association
    [email protected]