BILL TO EXEMPT D.C. COURTS, CSOSA, AND PDS FROM FEDERAL GOVERNMENT SHUTDOWNS IS INTRODUCED BY NORTON

On April 4, 2019, Congresswoman Eleanor Holmes Norton (D-DC) introduced H.R. 2264, a bill to exempt from federal government shutdowns agencies that have jurisdiction only over District of Columbia matters but are exclusively or primarily funded by the federal government and not under the District's control. The bill would exempt the following agencies:

Court Services and Offender Supervision Agency (CSOSA)
D.C. Courts
D.C. Public Defender Service (PDS)
D.C. Commission on Judicial Disabilities and Tenure
D.C. Judicial Nomination Commission
D.C. Criminal Justice Coordinating Council

Norton introduced the bill in response to the longest government shutdown in American history, which lasted from December 22, 2018, to January 25, 2019. During the shutdown, these agencies were forced to furlough employees and reduce services, which had a significant impact on the District of Columbia's criminal justice system.

Norton argued that these agencies should be exempt from shutdowns because they provide essential services to the District of Columbia and have nothing to do with federal issues or congressional shutdown fights. She also pointed out that the District of Columbia is a bystander to the federal issues involved in shutdowns and should not be caught up in them.

The bill was co-sponsored by 15 other Democrats, including Representatives John Lewis, Jerrold Nadler, and Pramila Jayapal. However, the bill did not advance out of committee in the Republican-controlled House of Representatives.

Norton reintroduced the bill in January 2021, after the Democrats took control of the House of Representatives. The bill was passed by the House in April 2021, but it has not yet been taken up by the Senate.

Impact of the bill

If the bill is passed into law, it would exempt the listed agencies from federal government shutdowns. This would ensure that these agencies can continue to provide essential services to the District of Columbia, even during a shutdown.

The bill would also have a positive impact on the District of Columbia's criminal justice system. During the 2019 shutdown, the furlough of employees and reduction of services at these agencies had a significant impact on the system. For example, the closure of CSOSA's halfway house meant that dozens of people who had been released from prison were forced to live on the streets.

The bill would help to ensure that this does not happen again. By exempting these agencies from shutdowns, the bill would help to ensure that the District of Columbia's criminal justice system can continue to operate effectively, even during a shutdown.

Arguments in favor of the bill

There are several strong arguments in favor of the bill. First, the agencies listed in the bill provide essential services to the District of Columbia. These services include:

Providing security and public safety
Adjudicating criminal and civil cases
Providing legal representation to indigent defendants
Overseeing the judicial system

Second, these agencies have nothing to do with federal issues or congressional shutdown fights. They are solely focused on providing essential services to the District of Columbia.

Third, the District of Columbia is a bystander to the federal issues involved in shutdowns. It should not be caught up in congressional shutdown fights.

Fourth, exempting these agencies from shutdowns would help to ensure that the District of Columbia's criminal justice system can continue to operate effectively.

Arguments against the bill

There are a few arguments against the bill. First, some argue that the bill is unnecessary because the District of Columbia government can provide funding for these agencies during a shutdown. However, this is a risky proposition. During the 2019 shutdown, the District of Columbia government was on the verge of running out of money. If the shutdown had continued, the District of Columbia government would not have been able to fund these agencies.

Second, some argue that the bill would create a precedent for exempting other agencies from shutdowns. However, this is not a valid concern. The agencies listed in the bill are unique in that they are exclusively or primarily funded by the federal government but are not under the District's control.

Conclusion

The bill to exempt D.C. courts, CSOSA, and PDS from federal government shutdowns is a sound policy proposal. It would ensure that these agencies can continue to provide essential services to the District of Columbia, even during a shutdown. The bill would also have a positive impact on the District of Columbia's criminal justice system.