Whenever the cash runs out, the courts will begin operating under the Antideficiency Act, the federal law that requires work to continue if it’s necessary “to support the exercise of Article III judicial powers,” or the resolution of cases, under the Constitution.

A Dec. 10 congressional report on the effects of shutdowns said that neither judges nor their most important staff would be subject to furlough. Essential probation and pretrial services officers also would be protected if needed to resolve cases, according to the report, which found that most courts continued to function during the 1995-96 closure. Employees would either work without pay or be reimbursed with funds designated for other services, such as training or technology, Sellers said.