Judiciary Budget in the United States

The Judiciary’s Budget and the Federal Courts

In the words of the Administrative Office of the United States Courts: In recognition of the constitutional separation of powers among the three branches of the federal government, Congress has given the judiciary authority to prepare and execute its own budget. The Administrative Office, in consultation with the courts and with various Judicial Conference committees, prepares a proposed budget for the judiciary each fiscal year. The proposal is reviewed and approved by the Judicial Conference with an accompanying set of detailed justifications. By law, the President must include the judiciary’s proposed budget as a part of the unified federal budget submitted to Congress each year. The President may comment on the judiciary’s budget request, but the proposal must be transmitted to Congress without change. The congressional appropriations committees conduct hearings at which judges and the Director of the Administrative Office frequently present and justify the judiciary’s projected expenditures. After Congress enacts a budget for the judiciary, the Judicial Conference approves a plan to spend the money and the Administrative Office distributes funds directly to each court, operating unit, and program in the judiciary. Individual courts have considerable authority and flexibility to conduct their work, establish budget priorities, make sound business decisions, hire staff, and make purchases, consistent with Judicial Conference policies.