Vol. 37, Number 2 —February 2005

Where the Money Goes:A Look At How The Judiciary's FY 2005 Budget Is Divided

The Consolidated Appropriations Act of 2005 included $5.43 billion for the Judiciary in fiscal year 2005 after application of across-the-board cuts for almost all federal agencies. How does the Judiciary spread that funding across the courts of appeals and the district courts? And which programs and funding categories have first priority when that funding pie is divvied up?

The largest part of the funding pie, 96 percent of the FY 2005 budget, goes to the courts of appeals and district courts, and other judicial services. The remaining 4 percent is divided among the Supreme Court, the Court of Appeals for the Federal Circuit, the Court of International Trade, the Administrative Office, the Federal Judicial Center, the U.S. Sentencing Commission, and payments to the Judiciary Trust Fund.

The 96 percent of the total Judiciary budget earmarked for the courts and other judicial services can be broken down further. Eighty percent is allocated to court salaries and expenses. Thirteen percent is for the operation of federal public defender and community defender organizations, compensation for private attorneys representing indigent defendants, and fees of persons providing investigative, expert, and other services under the Criminal Justice Act. Six percent of the funds provides for court security; the procurement, installation, and maintenance of security equipment; and protective services including court security officers for the courts. One percent pays for fees and expenses of jurors.

The 80 percent available for court salaries and expenses is further divided. (See the pie chart, page 1.) Twenty-one percent goes to space rental costs as charged primarily by the General Services Administration, 55 percent for court personnel salaries and benefits, 9 percent for judges pay and benefits, 9 percent for operating expenses including such controllable expenses as furniture, information technology, and tenant alterations, and 6 percent for uncontrollable costs, such as postage and FTS charges.

Rental costs, judicial salaries and benefits, court support staff benefits, and chambers staff compensation and benefits, along with other costs such as interpreters, transcripts, and drug testing and treatment expenses for offenders, are expenses the Judiciary has historically paid in full—even when the Judiciary receives less than adequate funding in a fiscal year. This means the two expense items considered discretionary spending—court operating expenses and support staff salaries—are vulnerable areas that are first to feel cutbacks. For example, when faced with a very contracted budget in FY 2004, and the threat of a hard freeze in FY 2005, courts were compelled to reduce their workforce nationwide by 1,350 positions, or six percent.