CHARLESTON, W.Va. — A federal judge from West Virginia says his court should be exempt from the effects of the federal shutdown affecting the U.S. Department of Justice.
U.S. District Judge Joseph Goodwin, whose courtroom is in the Southern District of West Virginia, issued a general order on Wednesday exempting cases assigned to him.
“It is my view that the government should not be given special influence or accomodation in cases where such special considerations are unavailable to other litigants,” Goodwin wrote.
“The government, like all parties, is ‘required to find the means by which to continue its participation in its litigation on a timely basis regardless of internal issues.'”
Goodwin’s order was in response to a prior order by U.S. District Judge Irene Berger, who also sits in the Southern District, holding civil matters in abeyance in which the United States is a party.
Her order was prompted by the federal shutdown and its effects on the Department of Justice, including the U.S. Attorney’s Office.
The Berger order referenced federal furloughs and staffing shortages.
“Therefore, the lapse in appropriations requires a reduction in the workforce of the United States Attorney’s Office and other federal agencies, particularly with respect to the prosecution of civil cases,” she wrote.
Federal courts in West Virginia have enough funding through court fee balances and other funds to operate until next week before they will be affected by the shutdown.
While many staff will continue to work without pay to ensure the judiciary and law enforcement continues, some employees will likely be furloughed, U.S. Sen. Joe Manchin, D-W.Va., noted.
Judge Goodwin’s order drew attention amid the ongoing coverage of the shutdown and its effects.
This is QUITE the order from a fed judge in West Virginia. The court agreed to put civil cases on hold that involve DOJ, given the shutdown. Judge Joseph Goodwin was … not a fan, and said DOJ won’t get special treatment before him just because the govt is fighting with itself pic.twitter.com/4yOU291L02
— Zoe Tillman (@ZoeTillman) January 2, 2019
Goodwin: “It is my view that the government should not be given special influence or accommodation in cases where such special considerations are unavailable to other litigants. The government, like all parties, is ‘required to find the means by which to continue…'”
— Zoe Tillman (@ZoeTillman) January 2, 2019
To put this in context: Most judges have been agreeing to requests by DOJ to stay civil litigation as long as there’s a shutdown. Goodwin’s order has echoes of what we saw in 2013, which was judges bristling at a political fight tying up the business of the courts
— Zoe Tillman (@ZoeTillman) January 2, 2019