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Funding and Budget – Annual Report 2022

Congressional Testimony on Fiscal Year 2023 Appropriations

Judiciary officials in May 2022 testified before Congress in support of an $8.6 billion request to fund Judicial Branch operations in fiscal year (FY) 2023. The request included funding to keep pace with inflation and to pay for important new investments in cybersecurity, judicial and courthouse security, and IT modernization. The request also reflected workload increases caused by issues outside the Judiciary’s control. 

The budget request was an overall increase of 7.2 percent over the previous fiscal year. 

U.S. Court of Appeals Judge Amy J. St. Eve, chair of the Judicial Conference's Committee on the Budget, said that the Judiciary was especially concerned about properly funding IT and cybersecurity needs. 

“A combination of constant technical innovation and long-term underinvestment has left a number of our major systems and applications out of date and, thus, inefficient, difficult to maintain, and at regular risk of failure,” St. Eve said. “The second dynamic is security. … [E]ven our newer IT assets face security risks as the threat environment is constantly evolving and increasing in sophistication.” 

Judge St. Eve said investment also is needed to protect the safety of courthouses and judges. This includes funding to protect courthouses from external attack, install or upgrade security systems and equipment, and reduce the online availability of personal information that might put judges and their families at risk. 

She said the Judiciary also is facing significant costs related to a U.S. Supreme Court ruling affecting Native American tribes in Oklahoma and a sharp increase in probation needs caused by the First Step Act. 

“Our work is very heavily influenced by actions and decisions of others,” St. Eve said. “Significant new legal and legislative developments can greatly impact the courts, probation and pretrial offices, or federal defenders in ways that we cannot always anticipate and often cannot avoid.” 

St. Eve testified (pdf) on May 12 before the House Appropriations Subcommittee on Financial Services and General Government. Also testifying (pdf) was U.S. District Judge Roslynn R. Mauskopf, director of the Administrative Office of the U.S. Courts (AO). Mauskopf outlined branch-wide priorities, including growing security needs for federal judges, sustaining an exemplary and inclusive workplace, and updating case management technology.

In discussing judicial security, Mauskopf cited the 2020 murder of the son of U.S. District Judge Esther Salas at her family’s home in New Jersey as well as a growing number of threats against judges and attacks against courthouses and courthouse security personnel. 

“Our constitutional system depends on judges who can make decisions without fear of reprisal or retribution,” Mauskopf said. “This is essential not just for the safety of judges and their families, but also to protect our democracy.” 

Fiscal Year 2023 Funding for the Judiciary

On Dec. 29, 2022, President Biden signed into law the Consolidated Appropriations Act of 2023, a multi-bill spending package that provided full-year FY 2023 appropriations for the government, including the Financial Services and General Government appropriations bill that funds the Judiciary. 

The bill provided the Judiciary with $8.5 billion in discretionary appropriations for FY 2023, a 5.9 percent ($474 million) overall increase above FY 2022 and $58 million below the Judiciary’s request. The branch’s total request reflected workload needs and increased funding for courthouse security, cybersecurity, and IT modernization. 

Highlights of the Judiciary’s appropriations funding included the following: 

• $5.9 billion for the Salaries and Expenses account that funds the courts’ operating expenses, a 5.8 percent increase ($325 million) above FY 2022. The level of funding will support current services across the courts. Of the total, $106 million is specifically designated for priority cybersecurity and IT modernization activities.   
• $1.4 billion for the Defender Services account, a 2.9 percent ($40 million) increase over FY 2022. The funding supports full requirements for the program, including $8 million designated for cybersecurity and IT modernization. 
• $750 million for the Court Security account, a 6.4 percent ($45 million) increase above FY 2022, to support essential security needs, including infrastructure costs associated with ongoing courthouse construction projects, investments in the modernization and cyclical replacement of physical access control systems, and court security officer staffing. 
  
  In a supplemental appropriations bill enacted in September 2022, Congress provided $112.5 million for the hardening of courthouse exteriors to protect them from external attacks, such as installing break-resistant glass, magnetic door locks, and temporary fencing that can help to better protect courthouse entrances, lobbies, and accessible portions of a building’s exterior. 
• $58 million for the Fees of Jurors and Commissioners account to support anticipated petit and grand juror costs in FY 2023. 
• $100 million for the General Services Administration to fund the top two courthouse projects on the Judiciary’s FY 2023 Courthouse Construction Priorities plan: $62 million for a courthouse in Hartford, CT, and $38 million for a new courthouse in Chattanooga, TN. GSA also received $19 million for the Judiciary Capital Security Program. 
• The President’s FY 2023 average pay adjustment of 4.6 percent for federal workers to take effect in January 2023, comprising a 4.1 percent across-the-board adjustment and a 0.5 percent locality adjustment. 

Fiscal Year 2022 Funding for the Judiciary

In March 2022, the President signed into law the Consolidated Appropriations Act, 2022, which included FY 2022 funding for the Judiciary. The legislation provided $8 billion in discretionary appropriations, an increase of 3.5 percent ($267 million) over FY 2021. 

Highlights of the Judiciary’s financial plan for 2022, which includes fee collections and available balances in addition to appropriated funds, included the following: 

• $6.4 billion for court salaries and general operating expenses, including both mandatory and discretionary funds. 
• $1.4 billion for defender services, including inflationary adjustments to panel attorney hourly rates to $202 in capital cases and $158 in non-capital cases, effective Jan. 1, 2022. Both the capital and non-capital hourly rates, which refer to rates paid to private defense attorneys appointed by the courts, were at the statutory maximums. The plan also provided for 134 new federal defender positions, including 14 positions to establish the Diversity Fellowship Program and eight new positions in the AO’s Defender Services Office. 
• $727.7 million for court security, which included $471.1 million for court security officers; $80.1 million for Federal Protective Service needs; $129.8 million for security systems and equipment; $15 million for courthouse hardening to protect court facilities from attempts to disrupt the judicial process; and $7.9 million for the Vulnerability Management Program, which helps judges and their family members  to identify active and potential threats to their security. 
• $51.4 million for fees of jurors and commissioners, allowing the Judiciary to fully fund requirements for the petit juror and grand juror needs estimated for FY 2022.