II 

114TH CONGRESS 

2D SESSION H. R. 4419 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 26, 2016 

Received 

AN ACT 

To update the financial disclosure requirements for judges 

of the District of Columbia courts and to make other 

improvements to the District of Columbia courts. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


SSpencer on DSK4SPTVN1PROD with BILLS
2 

HR 4419 RDS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘District of Columbia 

3 Judicial Financial Transparency Act’’. 

4 SEC. 2. FINANCIAL DISCLOSURE REQUIREMENTS FOR 

5 JUDGES OF DISTRICT OF COLUMBIA COURTS. 

6 (a) REQUIREMENTS DESCRIBED.—Section 11–1530, 

7 D.C. Official Code, is amended to read as follows: 

8 ‘‘§ 11–1530. Financial statements 

9 ‘‘(a) Pursuant to such rules as the Commission shall 

10 promulgate, each judge of the District of Columbia courts 

11 shall, within 1 year following the date of enactment of the 

12 District of Columbia Court Reorganization Act of 1970 

13 and at least annually thereafter, file with the Commission 

14 a report containing the following information: 

15 ‘‘(1)(A) The source, type and amount of the 

16 judge’s income which exceeds $200 (other than in17 come from the United States government and in18 come referred to in subparagraph (C)) for the period 

19 covered by the report. 

20 ‘‘(B) The source and type of the judge’s 

21 spouse’s income which exceeds $1,000 (other than 

22 income from the United States government and in23 come referred to in subparagraph (C)) for the period 

24 covered by the report. 

25 ‘‘(C) The source and type of income which con26 sists of dividends, rents, interest, and capital gains 


SSpencer on DSK4SPTVN1PROD with BILLS
3 

HR 4419 RDS

1 received by the judge and the judge’s spouse during 

2 such period which exceeds $200 in amount or value, 

3 and an indication of which of the following cat4 egories the amount or value of such item of income 

5 is within— 

6 ‘‘(i) not more than $1,000; 

7 ‘‘(ii) greater than 1,000 but not more than 

8 $2,500; 

9 ‘‘(iii) greater than $2,500 but not more 

10 than $5,000; 

11 ‘‘(iv) greater than $5,000 but not more 

12 than $15,000; 

13 ‘‘(v) greater than $15,000 but not more 

14 than $50,000; 

15 ‘‘(vi) greater than $50,000 but not more 

16 than $100,000; 

17 ‘‘(vii) greater than $100,000 but not more 

18 than $1,000,000; 

19 ‘‘(viii) greater than $1,000,000 but not 

20 more than $5,000,000; or 

21 ‘‘(ix) greater than $5,000,000. 

22 ‘‘(2) The name and address of each private 

23 foundation or eleemosynary institution, and of each 

24 business or professional corporation, firm, or enterVerDate Sep 11 2014 02:17 Sep 30, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4419.RDS H4419

SSpencer on DSK4SPTVN1PROD with BILLS
4 

HR 4419 RDS

1 prise in which the judge was an officer, director, 

2 proprietor, or partner during such period. 

3 ‘‘(3) The identity and category of value (as set 

4 forth in subsection (b)) of each liability of $10,000 

5 or more owed by the judge or by the judge and the 

6 judge’s spouse jointly at any time during such pe7 riod. 

8 ‘‘(4) The source and value of all gifts in the ag9 gregate amount or value of $250 or more from any 

10 single source received by the judge during such pe11 riod, except gifts from the judge’s spouse or any of 

12 the judge’s children or parents. 

13 ‘‘(5) The identity of each trust in which the 

14 judge held a beneficial interest having a value of 

15 $10,000 or more at any time during such period, 

16 and in the case of any trust in which the judge held 

17 any beneficial interest during such period, the iden18 tity, if known, of each interest in real or personal 

19 property in which the trust held a beneficial interest 

20 having a value of $10,000 or more at any time dur21 ing such period. If the judge cannot obtain the iden22 tity of the trust interest, the judge shall request the 

23 trustee to report that information to the Commis24 sion. 


SSpencer on DSK4SPTVN1PROD with BILLS
5 

HR 4419 RDS

1 ‘‘(6) The identity and category of value (as set 

2 forth in subsection (b)) of each interest in real or 

3 personal property having a value of $10,000 or more 

4 which the judge owned at any time during such pe5 riod. 

6 ‘‘(7) The amount or value and source of each 

7 honorarium of $250 or more received by the judge 

8 and the judge’s spouse during such period. 

9 ‘‘(8) The source and amount of all money, other 

10 than that received from the United States govern11 ment, received in the form of an expense account or 

12 as reimbursement for expenditures from any source 

13 aggregating more than $250 during such period. 

14 ‘‘(9) The source and amount of all waivers or 

15 partial waivers of fees or charges accepted by the 

16 judge on behalf of the judge or the judge’s spouse, 

17 domestic partner, or guest during such period. 

18 ‘‘(b) For purposes of paragraphs (3) and (6) of sub19 section (a), the categories of value set forth in this sub20 section are— 

21 ‘‘(1) not more than $15,000; 

22 ‘‘(2) greater than $15,000 but not more than 

23 $50,000; 

24 ‘‘(3) greater than $50,000 but not more than 

25 $100,000; 


SSpencer on DSK4SPTVN1PROD with BILLS
6 

HR 4419 RDS

1 ‘‘(4) greater than $100,000 but not more than 

2 $250,000; 

3 ‘‘(5) greater than $250,000 but not more than 

4 $500,000; 

5 ‘‘(6) greater than $500,000 but not more than 

6 $1,000,000; 

7 ‘‘(7) greater than $1,000,000 but not more 

8 than $5,000,000; 

9 ‘‘(8) greater than $5,000,000 but not more 

10 than $25,000,000; 

11 ‘‘(9) greater than $25,000,000 but not more 

12 than $50,000,000; and 

13 ‘‘(10) greater than $50,000,000. 

14 ‘‘(c)(1) Reports filed pursuant to this section shall, 

15 upon written request, and notice to the reporting judge 

16 for purposes of making an application to the Commission 

17 for a redaction pursuant to paragraph (2), be made avail18 able for public inspection and copying within a reasonable 

19 time after filing and during the period they are kept by 

20 the Commission (in accordance with rules promulgated by 

21 the Commission), and shall be kept by the Commission 

22 for not less than 3 years. 

23 ‘‘(2) This section does not require the public avail24 ability of reports filed by a judge if upon application by 

25 the reporting judge, a finding is made by the Commission 


SSpencer on DSK4SPTVN1PROD with BILLS
7 

HR 4419 RDS

1 that revealing personal and sensitive information could en2 danger that judge or a family member of that judge, ex3 cept that a report may be redacted pursuant to this para4 graph only— 

5 ‘‘(A) to the extent necessary to protect the indi6 vidual who filed the report or a family member of 

7 that individual; and 

8 ‘‘(B) for as long as the danger to such indi9 vidual exists. 

10 ‘‘(d) The intentional failure by a judge of a District 

11 of Columbia court to file a report required by this section, 

12 or the filing of a fraudulent report, shall constitute willful 

13 misconduct in office and shall be grounds for removal from 

14 office under section 11–1526(a)(2).’’. 

15 (b) EFFECTIVE DATE.—The amendment made by 

16 subsection (a) shall apply with respect to reports filed 

17 under section 11–1530, D.C. Official Code, that cover pe18 riods beginning during or after 2016. 

19 SEC. 3. AUTHORITY OF PROBATE DIVISION TO USE MAG20 ISTRATE JUDGES. 

21 (a) IN GENERAL.—Section 11–1732(j)(5), District of 

22 Columbia Official Code, is amended by striking ‘‘Family 

23 Divisions’’ and inserting ‘‘Probate Divisions, and the 

24 Family Court,’’. 


SSpencer on DSK4SPTVN1PROD with BILLS
8 

HR 4419 RDS

1 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

2 Section 11–1732(j)(4)(A), District of Columbia Official 

3 Code, is amended by striking ‘‘Family Division’’ and in4 serting ‘‘Family Court’’. 

5 SEC. 4. AUTHORITY OF DISTRICT OF COLUMBIA COURTS TO 

6 ACCEPT CERTAIN TYPES OF PAYMENTS. 

7 (a) IN GENERAL.—Subchapter III of chapter 17 of 

8 title 11, District of Columbia Code, is amended by adding 

9 at the end the following: 

10 ‘‘§ 11–1748. Authority of courts to accept certain 

11 types of payments 

12 ‘‘(a) DEFINITIONS.—In this section, the term ‘elec13 tronic funds transfer’— 

14 ‘‘(1) means a transfer of funds, other than a 

15 transaction by check, draft, or similar paper instru16 ment, that is initiated through an electronic ter17 minal, telephone, or computer or magnetic tape for 

18 the purpose of ordering, instructing, or authorizing 

19 a financial institution to debit or credit an account; 

20 and 

21 ‘‘(2) includes point of sale transfers, automated 

22 teller machine transfers, direct deposit or withdrawal 

23 of funds, transfers initiated by telephone, and trans24 fers resulting from debit card transactions. 


SSpencer on DSK4SPTVN1PROD with BILLS
9 

HR 4419 RDS

1 ‘‘(b) AUTHORITY TO ACCEPT CREDIT CARD PAY2 MENTS AND ELECTRONIC FUNDS TRANSFERS.— 

3 ‘‘(1) IN GENERAL.—The District of Columbia 

4 courts may accept payment of fines, fees, escrow 

5 payments, restitution, bonds, and other payments to 

6 the courts by credit card or electronic funds trans7 fer. 

8 ‘‘(2) USE OF VENDORS AND THIRD PARTY PRO9 VIDERS.—The Executive officer— 

10 ‘‘(A) may contract with a bank or credit 

11 card vendor, or other third party provider, for 

12 purposes of accepting payments by credit card 

13 or electronic funds transfer; and 

14 ‘‘(B) shall make every effort to find the 

15 lowest cost vendor for purposes of accepting 

16 such payments. 

17 ‘‘(3) RESPONSIBILITY FOR PAYING FEES.— 

18 Under any contract entered into under paragraph 

19 (2), the person making the payment shall be respon20 sible for covering any fee or charge associated or im21 posed with respect to the method of payment. 

22 ‘‘(4) COMPLETION OF PAYMENT.—If a person 

23 elects to make a payment to the District of Colum24 bia courts by a method authorized under paragraph 


SSpencer on DSK4SPTVN1PROD with BILLS
10 

HR 4419 RDS

1 (1), the payment shall not be deemed to be made 

2 until the courts receive the funds. 

3 ‘‘(c) AUTHORITY TO ACCEPT CHECKS.— 

4 ‘‘(1) IN GENERAL.—The District of Columbia 

5 courts may accept payment of fines, fees, escrow 

6 payments, restitution, bonds, and other payments to 

7 the courts by check. 

8 ‘‘(2) USE OF CHECK GUARANTEE VENDOR.— 

9 The Executive Officer— 

10 ‘‘(A) may contract with a check guarantee 

11 vendor for purposes of accepting payments by 

12 check; and 

13 ‘‘(B) shall make every effort to find the 

14 lowest cost vendor for purposes of accepting 

15 such payments. 

16 ‘‘(3) RESPONSIBILITY FOR PAYING FEES.— 

17 Under any contract entered into under paragraph 

18 (2), the person making the payment by check shall 

19 be responsible for covering any fee or charge associ20 ated or imposed with respect to the method of pay21 ment. 

22 ‘‘(d) LIABILITY FOR NON-PAYMENT.—If a check or 

23 other method of payment, including payment by credit 

24 card, debit card, or charge card, so received is not duly 

25 paid, or is paid and subsequently charged back to the DisVerDate Sep 11 2014 02:17 Sep 30, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4419.RDS H4419

SSpencer on DSK4SPTVN1PROD with BILLS
11 

HR 4419 RDS

1 trict of Columbia courts, the person by whom such check 

2 or other method of payment has been tendered shall re3 main liable for the payment, to the same extent as if such 

4 check or other method of payment had not been ten5 dered.’’. 

6 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

7 The table of sections for subchapter III of chapter 17 of 

8 title 11, District of Columbia Code, is amended by adding 

9 at the end the following: 

‘‘11–1748. Authority of courts to accept certain types of payments.’’. 

10 SEC. 5. INCREASE IN MAXIMUM AMOUNT IN CONTROVERSY 

11 PERMITTED FOR CASES UNDER JURISDIC12 TION OF SMALL CLAIMS AND CONCILIATION 

13 BRANCH OF SUPERIOR COURT. 

14 (a) IN GENERAL.—Section 11–1321, District of Co15 lumbia Official Code, is amended by striking ‘‘$5,000’’ 

16 and inserting ‘‘$10,000’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 subsection (a) shall apply to any case filed in the Superior 

19 Court of the District of Columbia on or after the date of 

20 enactment of this Act. 

21 SEC. 6. AUTHORITY TO APPROVE COMPENSATION OF AT22 TORNEYS IN EXCESS OF MAXIMUM AMOUNT. 

23 (a) IN GENERAL.— 

24 (1) CRIMINAL DEFENSE APPOINTMENTS.—Sec25 tion 11–2604(c), District of Columbia Official Code, 


SSpencer on DSK4SPTVN1PROD with BILLS
12 

HR 4419 RDS

1 is amended by striking the last sentence and insert2 ing the following: ‘‘Each chief judge may delegate 

3 such approval authority to an active or senior judge 

4 in the court in which the chief judge sits.’’. 

5 (2) CHILD ABUSE AND NEGLECT APPOINT6 MENTS.—Section 16–2326.01(f), District of Colum7 bia Official Code, is amended— 

8 (A) by striking ‘‘(f)(1)’’ and inserting 

9 ‘‘(f)’’; 

10 (B) by striking paragraph (2); and 

11 (C) by adding at the end the following: 

12 ‘‘Each chief judge may delegate such approval 

13 authority to an active or senior judge in the 

14 court in which the chief judge sits.’’. 

15 (b) EFFECTIVE DATE.—The amendments made by 

16 subsection (a) shall apply with respect to any case or pro17 ceeding initiated on or after the date of enactment of this 

18 Act. 

Passed the House of Representatives September 22, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


SSpencer on DSK4SPTVN1PROD with BILLS