By Cortez Collins, FTC law clerk

A June 24 House  hearing on fiscal accountability and oversight of the judiciary focused on the urgent operational and security challenges facing the third branch due to underfunding and political interference.

Members of the House Judiciary’s Courts Subcommittee and sitting judges alike discussed how the current fiscal climate, intensified by partisan gridlock, jeopardizes not only court efficiency but also the independence and safety of the judiciary.

Another concern raised both on the judiciary’s side of the room and by the Subcommittee Chairman, Rep. Darrell Issa, was the overwhelming backlog of cases, reportedly more than 600 per judge, hindering the judiciary’s ability to ensure timely proceedings and protect the Sixth Amendment right to a speedy trial. (Issa introduced a bill in February that would increase the number of authorized district court judgeships, albeit not a bipartisan one.)

Judge Amy St. Eve of the Seventh Circuit, who chairs the Judicial Conference’s Budget Committee, testified that courts are currently facing hiring freezes and delays in paying attorneys, directly affecting case movement and the functioning of public defenders offices.

On top of that, she noted, an Arizona FDO was recently hit with a ransomware attack, illustrating the growing cybersecurity threats the judiciary is facing. Judge Michael Scudder, also of the Seventh Circuit, who chairs the Conference’s Information Technology Committee, testified that $74 million in funding is needed to effectively implement cybersecurity measures, including collaboration with federal agencies.

The safety of judges emerged as a central issue. Between March and May, 197 federal judges received threats, a sharp increase coinciding with the rise in politically charged rhetoric.

The Subcommittee’s Ranking Member, Rep. Jamie Raskin, emphasized that such intimidation undermines judicial independence, a principle firmly rooted in the Constitution and in Marbury v. Madison. Additionally, he said that the Trump administration had rolled back protections provided by the Department of Homeland Security, which had previously supported cyber defense for the judiciary.

Ethics and judicial independence were also prominent themes. Democrats criticized Republican threats to withhold funding from the judiciary on account of certain rulings, likening this to the practices of King George III. Rep. Sydney Kamlager-Dove noted the contradiction in Republicans refusing to fully fund public defenders while simultaneously supporting leniency and pardons for Jan. 6th rioters.

In terms of court access and transparency, Rep. Issa asked about whether the PACER system (used to access public court records) should be made free to the public. The testifying judges acknowledged the diminishing costs of digital storage, suggesting that PACER access could be made more affordable, but they said that the funding gap from PACER fees would need to be made up in some way.

In sum, witnesses and members alike stressed that the judiciary should not be treated as a political tool but rather as a co-equal branch deserving of stable, sufficient funding to uphold the Constitution and serve the American people impartially.