Federal courthouses are crumbling around the country, Congress turns a blind eye

Judges across the country have been complaining that their courthouses are in a dire state of disrepair, and that the G.S.A. is not doing enough to respond, reported The New York Times. The extent of the problem was highlighted in interviews with chief judges of district courts as well as in a list of maintenance issues compiled by the Administrative Office of the U.S. Courts, which coordinates operations across the judiciary.

For years, the chief judge overseeing the federal courts in Chicago had been trying to fix the water inside the Everett McKinley Dirksen U.S. Courthouse. A study had found that the water flowing to the building’s showers, sinks and drinking fountains most likely contained elevated levels of Legionella, the bacteria that causes Legionnaires’ disease.

A judge in Oklahoma worked beside a trash bin to catch water falling from a leaking ceiling, before the problem became so severe that she was forced to move to temporary chambers for more than a year. A century-old courthouse in Asheville, N.C., is plagued by mold and a dilapidated heating system, requiring some court services to move off-site. Judges from other courthouses say the G.S.A. has been slow to address problems with critical HVAC systems, falling ceiling tiles and termites.

In the Middle District of Florida, the G.S.A. has been slow to respond to repeated leaks in Jacksonville and has taken more than two years to fully repair a fence that secures a parking lot for judges in Ocala, Chief Judge Marcia Morales Howard said in an interview. She criticized the agency for failing to take into account the impact of courthouse shutdowns on jurors, litigants and the rule of law. “G.S.A. gets paid their rent no matter what,” she said. “And we can’t move. So there’s just no urgency in getting the repairs done.”

The problems with the nation’s courthouses are one facet of a crisis over the federal government’s longstanding inability to maintain its own buildings. Edward C. Forst, the G.S.A.’s administrator, has blamed a requirement that the agency get congressional approval in advance of major projects. As for courthouses, he has argued that the $1.3 billion the judiciary pays each year in rent is a bargain compared with the cost of repairs. He has also cited a report from the Government Accountability Office that found the judiciary’s own guidelines for the design of its courthouses will lead to higher costs.

But for judges the problem is especially frustrating because they must rely on the G.S.A., part of the executive branch, to persuade Congress to address their needs.

G.S.A. control of courthouse repairs is inconsistent with the nation’s tradition of separation of powers, said Judge Robert J. Conrad Jr., the director of the Administrative Office.

“We ought to be responsible for our own buildings. We ought not to be reliant upon an agency of the executive branch to manage our buildings,” Judge Conrad said in an interview. “Judicial independence, conceptually, is more important today than it has ever been.”

After years of frustration, Judge Conrad said the judiciary is now asking Congress to give it control of courthouses in 10 of the country’s 94 judicial districts — a pilot that could eventually lead to a more substantial handover. Senator Richard J. Durbin, Democrat of Illinois, mentioned the possibility of legislation that would transfer control of some courthouses to the judiciary in a hearing on Tuesday.

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