Courts, Programs, and Other Items Funded by Congressional Appropriations for the Federal Judiciary

Courts, Programs, and Other Items Funded by Congressional Appropriations for the Federal Judiciary

February 7, 2024
Courts, Programs, and Other Items Funded by Congressional
Appropriations for the Federal Judiciary
Overview
international trade laws of the United States. At present,
Congress has authorized nine judgeships for the court.
Funds for the federal judiciary are included annually in the
Financial Services and General Government (FSGG)
U.S. District Courts
appropriations bill. For FY2023, Congress enacted $8.46
billion in discretionary funds and $761.37 million in
District courts are the federal trial courts of general
mandatory funds for the federal judiciary in the
jurisdiction. These trial courts determine facts and apply
Consolidated Appropriations Act, 2023 (P.L. 117-328).
legal principles to resolve civil disputes and criminal
matters. At present, Congress has authorized 677 district
The judiciary also uses non-appropriated funds to offset its
court judgeships.
appropriations requirement. The majority of these non-
appropriated funds are derived from the collection of fees,
Each state has at least one U.S. district court (there is also
primarily court filing fees. The judiciary’s annual
one district court in each of the District of Columbia, the
appropriations request submitted to Congress reflects the
Commonwealth of Puerto Rico, the U.S. Virgin Islands,
net needs of the judiciary after the use of non-appropriated
Guam, and the Commonwealth of the Northern Mariana
funds. For FY2024, the judiciary requested $8.95 billion in
Islands).
discretionary funds and $796.14 million in mandatory
funds.
U.S. Magistrate Judges
Described below are the courts, programs, and other items
Certain types of trials and proceedings held by district
funded by the appropriations enacted by Congress for the
courts can also be conducted by magistrate judges.
federal judiciary.
Magistrate judges cannot preside over felony criminal cases
(but can handle pretrial matters and preliminary
Federal Courts
proceedings in such cases).
Supreme Court
The number of magistrate judge positions is determined by
the Judicial Conference of the United States, the
The Supreme Court is the highest court in the federal
policymaking body for the federal courts. At present, the
judiciary. Justices are appointed by the President with the
conference has authorized 562 full-time magistrate judge
advice and consent of the Senate. At present, Congress has
positions, 25 part-time positions, and 2 combination
authorized nine judgeships for the Court.
clerk/magistrate judge positions.
U.S. Courts of Appeals
U.S. Bankruptcy Courts
U.S. courts of appeals take appeals from district court
Federal courts have exclusive jurisdiction over bankruptcy
decisions and are also empowered to review the decisions
matters (i.e., a bankruptcy case cannot be filed in state
of many administrative agencies.
court). Bankruptcy courts are units of the federal district
courts and exercise jurisdiction over bankruptcy matters as
The nation is divided into 12 geographic circuits, each with
granted by statute and referred to them by their respective
a U.S. court of appeals. There is also one circuit court, the
district courts. At present, Congress has authorized 345
U.S. Court of Appeals for the Federal Circuit, with
bankruptcy judgeships.
nationwide jurisdiction over certain types of cases. At
present, Congress has authorized 179 judgeships for the
U.S. Court of Federal Claims
U.S. Courts of Appeals.
The U.S. Court of Federal Claims has nationwide
Cases presented to U.S. circuit courts are generally
jurisdiction over various monetary claims against the
considered by judges sitting in three-member panels (circuit
federal government, including those involving tax refunds,
courts do not use juries).
federal taking of private property for public use, dismissal
of federal civilian employees, and other matters. At present,
U.S. Court of International Trade
Congress has authorized 16 judgeships for the court.
The U.S. Court of International Trade has nationwide
jurisdiction over civil actions related to the customs and
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Courts, Programs, and Other Items Funded by Congressional Appropriations for the Federal Judiciary
Programs and Services
vaccine-related injuries or deaths for covered vaccines
administered on or after October 1, 1988.
U.S. Probation and Pretrial Services System
An individual who believes he or she has been injured by a
Federal probation and pretrial services officers investigate
covered vaccine can seek compensation from the fund by
and supervise defendants and offenders within the federal
filing a petition in the U.S. Court of Federal Claims and
criminal justice system. Pretrial service officers work with
sending a copy to the Department of Health and Human
defendants pretrial, while probation officers work with
Services. At present, total compensation paid over the life
offenders postconviction.
of VICP is approximately $5.0 billion.
Defender Services
U.S. Sentencing Commission
The Sixth Amendment of the U.S. Constitution guarantees
The United States Sentencing Commission is a bipartisan,
the right to representation by counsel in serious criminal
independent agency responsible for establishing and
proceedings. Federal defender organizations, funded by
amending the sentencing guidelines used by the federal
appropriations for the judiciary, are responsible for
judiciary.
providing representation to defendants financially unable to
retain counsel in federal criminal proceedings. At present,
The commission, with seven members appointed by the
there are 82 authorized federal defender organizations that
President and confirmed by the Senate, has a staff of
employ more than 3,700 lawyers, investigators, paralegals,
approximately 100 employees.
and support personnel.
Administrative Office of U.S. Courts
Funds are also used to reimburse the services of private
appointed counsel (i.e., panel attorneys) in federal criminal
The Administrative Office of the U.S. Courts, with a staff
proceedings. There are case maximum amounts that limit
of over 1,000 employees, is the agency within the judicial
the compensation paid to a panel attorney based on the type
branch that provides legislative, legal, financial,
of case to which he or she is appointed.
technology, management, administrative, and program
support services to the federal courts.
Court Security
A main responsibility of the Administrative Office of U.S.
Funds are used for protective guard services and security
Courts is to provide staff support and counsel for the
systems and equipment for U.S. courthouses and other
Judicial Conference of the United States and its
facilities housing federal court operations.
committees.
The majority of funding for court security is transferred to
Federal Judicial Center
the Judicial Security Division of the U.S. Marshals Service,
which is responsible for ensuring the safety and security of
The Federal Judicial Center is the judiciary’s research and
judicial proceedings and personnel.
education entity. Its work includes analyzing how to
improve the management and administration of the federal
At present, the Marshals have protective responsibility for
courts.
94 federal district courts, more than 800 judicial facilities,
approximately 2,700 federal judges, and approximately
Federal Courts and Items Not Funded by
30,300 federal prosecutors and court officials.
the Judiciary Budget
Fees and Allowances for Jurors
Three specialized courts within the federal court system are
not funded under the judiciary budget: the U.S. Court of
Funds are used to pay the fees and allowances provided to
Appeals for the Armed Forces (funded in the Department of
petit and grand jurors in federal judicial proceedings. Petit
Defense appropriations bill), the U.S. Court of Appeals for
jurors serve on a trial jury, while grand jurors serve on a
Veterans Claims (funded in the Military Construction,
grand jury.
Veterans Affairs, and Related Agencies appropriations bill),
and the U.S. Tax Court (funded under Independent
Jurors are paid a per diem allowance (a daily amount
Agencies, Title V of the FSGG bill).
specified by statute) and may also be reimbursed for other
Federal courthouse construction is funded within the
reasonable expenses and fees.
General Services Administration account under
Vaccine Injury Compensation Trust Fund
Independent Agencies, Title V of the FSGG bill.
Offices of the United States Attorneys are funded within the
The National Childhood Vaccine Injury Act of 1986 created
Department of Justice in the Commerce, Justice, Science,
the National Vaccine Injury Compensation Program (VICP)
and Related Agencies appropriations bill.
to provide compensation to people found to be injured by
certain vaccines. The Vaccine Injury Compensation Trust
Barry J. McMillion, Analyst in American National
Fund provides funding for VICP, covering claims related to
Government
IF12586
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Courts, Programs, and Other Items Funded by Congressional Appropriations for the Federal Judiciary

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