Battle over federal courthouses erupts as GSA warns against giving judiciary more control

EXCLUSIVE: The agency overseeing U.S. courthouses is pushing back against a new bill that would give the judicial branch more property control, arguing that the judiciary has a history of mismanaging its buildings.

The General Services Administration (GSA), which serves as landlord for most federal courthouse space, said the bill would allow the judiciary to assume real property authority over facilities in up to 10 federal judicial districts from the GSA, including responsibility for repairing and maintaining facilities.

The bill, the Judicial Space and Facilities Management Effectiveness Act, was introduced July 30 by U.S. Sens. Dick Durbin, D-Ill., Kevin Cramer, R-N.D., and John Boozman, R-Ark. Proponents of the bill argue that it is necessary because the GSA itself has poorly maintained judicial facilities.

Pointing to a building-management delegation program approved as a pilot in 1988, the GSA said participating courts encountered significant repair costs after assuming greater facilities responsibilities. Judiciary records say GSA changed the program in 2004 to make participating agencies responsible for additional repair costs, including major and unforeseen repairs, and that the Judicial Conference voted in 2005 to withdraw from the program as a cost-saving measure.

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Only one courthouse, the Hugo Black Federal Courthouse in Birmingham, Alabama, remained under the judiciary, the agency said. The Judicial Conference later approved continued delegated management authority for the Birmingham courthouse under specified cost limits and provisions for catastrophic repairs.

The building reportedly deteriorated significantly and accumulated $57.7 million in delinquent maintenance costs. An analysis revealed extensive safety hazards, including improper chemical storage, inoperable elevator emergency phones and poorly maintained fire protection systems, among other issues, according to the GSA.

“The facility’s unique repair needs reflect poor maintenance practices that have shortened the useful life of expensive, critical systems, including elevators, chiller plants, and boilers,” the agency said.

Despite holding autonomy over the courthouse, the judiciary repeatedly turned to the GSA for technical assistance with complex repairs, the agency said. The judiciary also relied on GSA service contract templates to assist with its own contracting needs, according to the agency.

After GSA shifted additional maintenance responsibilities to participating courts, the Judicial Conference endorsed ending the judiciary’s participation in September 2005 “as a cost-savings measure,” according to Judiciary records.

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The judiciary strongly disputed those claims in a statement to Fox News Digital.

During a Senate hearing, Judge Julia S. Gibbons and then-Sen. Jeff Sessions both “enthusiastically praised” the property management results at the Birmingham courthouse, the judiciary said.

“There simply was no suggestion of failure at that hearing, and in fact the Judiciary manages repairs in the Birmingham courthouse, with no GSA involvement, to this day,” an Administrative Office spokesman said.

“The courts have a long history of managing complex business operations, such as budgets, finances, and information technology.”

The judiciary also pointed to the current GSA-managed maintenance backlog, which it said has ballooned to more than $8.3 billion, leaving federal courthouses to cope with broken elevators, severe storm damage and undrinkable water. GSA has also acknowledged more than $8.3 billion in courthouse repair and alteration liabilities.

“The Judiciary has endured 15 years of sustained failure to maintain our nation’s courthouses. We are seeking Real Property Authority for one reason—we have no choice,” the Administrative Office spokesman said.

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The GSA attributed the maintenance backlog to a “broken Congressional authorization and appropriations process,” pointing to delays and funding shortfalls. The agency said GSA Administrator Edward Forst has already made unprecedented efforts to address the backlog.

“The fundamental issue at hand is outdated Congressional funding and approval rules,” Forst said. “I’m leading an unprecedented effort to reimagine federal building management by raising the prospectus threshold and expanding access to the Federal Buildings Fund with support from 22 cabinet members and agency heads. Those changes — not Judiciary management — are what’s necessary to remediate and renew America’s federal facilities and courthouses.”

Separately, the GSA said it successfully completed construction on the new U.S. Courthouse in Huntsville, Alabama, in 2024. The project was completed $7 million under budget and features state-of-the-art security, energy efficiency and operations technology.

Forst claimed that the agency is “the most experienced and efficient building manager in the federal government.”

“Multiple Government Accountability Office (GAO) studies show that breaking our model apart would not make courthouse projects faster, cheaper, or better-built. It would make them more fragmented, more expensive, less accountable, and less safe,” Forst said.

“Trials and audits have shown that the Judiciary struggles with basic upkeep and maintenance of their facilities, doesn’t effectively utilize its vast space, and is not equipped with the financial resources or expertise to manage their own buildings,” GSA added.

GAO has separately found that congressional funding constraints have contributed to deferred maintenance in federal buildings and has cautioned that transferring real property authority to the Judiciary would not itself provide additional funding and would require sufficient real property expertise.

Defending the branch’s capability, an Administrative Office spokesperson argued that basic facilities upkeep is inherently tied to their work. “Maintaining a safe, functional environment is essential to the administration of justice,” the spokesperson said.

“Starting with the proposed pilot program, the Judiciary has the capacity to make property management decisions that better serve the public and the courts.”