Vol. 37, Number 12—December 2005

Judiciary Gets Funding Increase, But Cuts May Still Come

The federal Judiciary overall received a 6.1 percent increase for Fiscal Year 2006 over the FY 2005 appropriations level, while the courts' Salaries and Expenses Account received a 5.4 percent increase. The Judiciary's appropriation, however, may be reduced as Congress considers across-the-board reductions to all spending bills. But unless Congress applies a significant across-the-board cut, the courts should be in a position to backfill some of the positions they have lost.

"Thanks to this action by Congress, and Judiciary-wide efforts to contain costs, our financial picture is not as difficult as it might have been," said Administrative Office Director Leonidas Ralph Mecham. "Not only should the courts be in a position to restore some of the staffing losses that took place over the last two years, but funding for court operating expenses also will improve."

The Judiciary received its FY 2006 funding when the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act of 2006, was signed into law as P.L. 109-115 by the President on November 30.

"Clearly, the House and Senate recognized the critical work of the federal Judiciary and made us a funding priority," said Mecham. He credited the work of the Judicial Conference Budget Committee, judges and unit executives across the country, and AO staff with communicating to Members of Congress the courts' budgetary problems and the importance of funding to the Judiciary's continued operation.

Their best efforts, however, may not prevent the cuts Congress is considering in all appropriations. The cuts, which could be around 1 percent, are seen as necessary in order to fund Katrina disaster recovery and flu pandemic preparedness, and to meet long-term deficit reduction goals. Both the Chief Justice, in a letter to the congressional leadership, and the Judicial Conference in a resolution have urged Congress to exempt the Judiciary from any across-the-board reductions