S. 1379 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To amend title 11, District of Columbia Official Code, to revise certain administrative 

authorities of the District of Columbia courts, and to authorize the District of 

Columbia Public Defender Service to provide professional liability insurance for 

officers and employees of the Service for claims relating to services furnished 

within the scope of employment with the Service. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘D.C. Courts and Public Defender 

Service Act of 2011’’. 

SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS. 

(a) PERMITTING JUDICIAL CONFERENCE ON BIENNIAL BASIS; 

ATTENDANCE OF MAGISTRATE JUDGES.—Section 11–744, District of 

Columbia Official Code, is amended— 

(1) in the first sentence, by striking ‘‘annually’’ and 

inserting ‘‘biennially or annually’’; 

(2) in the first sentence, by striking ‘‘active judges’’ and 

inserting ‘‘active judges and magistrate judges’’; 

(3) in the third sentence, by striking ‘‘Every judge’’ and 

inserting ‘‘Every judge and magistrate judge’’; and 

(4) in the third sentence, by striking ‘‘Courts of Appeals’’ 

and inserting ‘‘Court of Appeals’’. 

(b) EMERGENCY AUTHORITY TO TOLL OR DELAY JUDICIAL PROCEEDINGS.— 

(1) PROCEEDINGS IN SUPERIOR COURT.— 

(A) IN GENERAL.—Subchapter III of Chapter 9 of title 

11, District of Columbia Official Code, is amended by 

adding at the end the following new section: 

‘‘§ 11–947. Emergency authority to toll or delay proceedings. 

‘‘(a) TOLLING OR DELAYING PROCEEDINGS.— 

‘‘(1) IN GENERAL.—In the event of a natural disaster or 

other emergency situation requiring the closure of Superior 

Court or rendering it impracticable for the United States or 

District of Columbia Government or a class of litigants to 

comply with deadlines imposed by any Federal or District of 

Columbia law or rule that applies in the Superior Court, the 

chief judge of the Superior Court may exercise emergency 

authority in accordance with this section. 

‘‘(2) SCOPE OF AUTHORITY.—(A) The chief judge may enter 

such order or orders as may be appropriate to delay, toll, 

or otherwise grant relief from the time deadlines imposed by 
S. 1379—2 

otherwise applicable laws or rules for such period as may 

be appropriate for any class of cases pending or thereafter 

filed in the Superior Court. 

‘‘(B) The authority conferred by this section extends to 

all laws and rules affecting criminal and juvenile proceedings 

(including, pre-arrest, post-arrest, pretrial, trial, and post-trial 

procedures) and civil, family, domestic violence, probate and 

tax proceedings. 

‘‘(3) UNAVAILABILITY OF CHIEF JUDGE.—If the chief judge 

of the Superior Court is absent or disabled, the authority conferred by this section may be exercised by the judge designated 

under section 11–907(a) or by the Joint Committee on Judicial 

Administration. 

‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing in this section 

shall be construed to authorize suspension of the writ of habeas 

corpus. 

‘‘(b) CRIMINAL CASES.—In exercising the authority under this 

section for criminal cases, the chief judge shall consider the ability 

of the United States or District of Columbia Government to investigate, litigate, and process defendants during and after the emergency situation, as well as the ability of criminal defendants as 

a class to prepare their defenses. 

‘‘(c) ISSUANCE OF ORDERS.—The United States Attorney for 

the District of Columbia or the Attorney General for the District 

of Columbia or the designee of either may request issuance of 

an order under this section, or the chief judge may act on his 

or her own motion. 

‘‘(d) DURATION OF ORDERS.—An order entered under this section 

may not toll or extend a time deadline for a period of more than 

14 days, except that if the chief judge determines that an emergency 

situation requires additional extensions of the period during which 

deadlines are tolled or extended, the chief judge may, with the 

consent of the Joint Committee on Judicial Administration, enter 

additional orders under this section in order to further toll or 

extend such time deadline. 

‘‘(e) NOTICE.—Upon issuing an order under this section, the 

chief judge— 

‘‘(1) shall make all reasonable efforts to publicize the order, 

including, when possible, announcing the order on the District 

of Columbia Courts Web site; and 

‘‘(2) shall send notice of the order, including the reasons 

for the issuance of the order, to the Committee on Homeland 

Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House 

of Representatives. 

‘‘(f) REQUIRED REPORTS.—Not later than 180 days after the 

expiration of the last extension or tolling of a time period made 

by the order or orders relating to an emergency situation, the 

chief judge shall submit a brief report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Joint Committee on Judicial Administration 

describing the orders, including— 

‘‘(1) the reasons for issuing the orders; 

‘‘(2) the duration of the orders; 

‘‘(3) the effects of the orders on litigants; and 

‘‘(4) the costs to the court resulting from the orders. 
S. 1379—3 

‘‘(g) EXCEPTIONS.—The notice under subsection (e)(2) and the 

report under subsection (f) are not required in the case of an 

order that tolls or extends a time deadline for a period of less 

than 14 days.’’. 

(B) CLERICAL AMENDMENT.—The table of contents of 

chapter 9 of title 11, District of Columbia Official Code, 

is amended by adding at the end of the items relating 

to subchapter III the following: 

‘‘11–947. Emergency authority to toll or delay proceedings.’’. 

(2) PROCEEDINGS IN COURT OF APPEALS.— (A) IN GENERAL.—Subchapter III of chapter 7 of title 

11, District of Columbia Official Code, is amended by 

adding at the end the following new section: 

‘‘§ 11–745. Emergency authority to toll or delay proceedings. 

‘‘(a) TOLLING OR DELAYING PROCEEDINGS.— ‘‘(1) IN GENERAL.—In the event of a natural disaster or 

other emergency situation requiring the closure of the Court 

of Appeals or rendering it impracticable for the United States 

or District of Columbia Government or a class of litigants 

to comply with deadlines imposed by any Federal or District 

of Columbia law or rule that applies in the Court of Appeals, 

the chief judge of the Court of Appeals may exercise emergency 

authority in accordance with this section. 

‘‘(2) SCOPE OF AUTHORITY.—The chief judge may enter such 

order or orders as may be appropriate to delay, toll, or otherwise 

grant relief from the time deadlines imposed by otherwise 

applicable laws or rules for such period as may be appropriate 

for any class of cases pending or thereafter filed in the Court 

of Appeals. 

‘‘(3) UNAVAILABILITY OF CHIEF JUDGE.—If the chief judge 

of the Court of Appeals is absent or disabled, the authority 

conferred by this section may be exercised by the judge designated under section 11–706(a) or by the Joint Committee 

on Judicial Administration. 

‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing in this section 

shall be construed to authorize suspension of the writ of habeas 

corpus. 

‘‘(b) ISSUANCE OF ORDERS.—The United States Attorney for 

the District of Columbia or the Attorney General for the District 

of Columbia or the designee of either may request issuance of 

an order under this section, or the chief judge may act on his 

or her own motion. 

‘‘(c) DURATION OF ORDERS.—An order entered under this section 

may not toll or extend a time deadline for a period of more than 

14 days, except that if the chief judge determines that an emergency 

situation requires additional extensions of the period during which 

deadlines are tolled or extended, the chief judge may, with the 

consent of the Joint Committee on Judicial Administration, enter 

additional orders under this section in order to further toll or 

extend such time deadline. 

‘‘(d) NOTICE.—Upon issuing an order under this section, the 

chief judge— 

‘‘(1) shall make all reasonable efforts to publicize the order, 

including, when possible, announcing the order on the District 

of Columbia Courts Web site; and 
S. 1379—4 

‘‘(2) shall send notice of the order, including the reasons 

for the issuance of the order, to the Committee on Homeland 

Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House 

of Representatives. 

‘‘(e) REQUIRED REPORTS.—Not later than 180 days after the 

expiration of the last extension or tolling of a time period made 

by the order or orders relating to an emergency situation, the 

chief judge shall submit a brief report to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Government Reform of the House of Representatives, and the Joint Committee on Judicial Administration 

describing the orders, including— 

‘‘(1) the reasons for issuing the orders; 

‘‘(2) the duration of the orders; 

‘‘(3) the effects of the orders on litigants; and 

‘‘(4) the costs to the court resulting from the orders. 

‘‘(f) EXCEPTIONS.—The notice under subsection (d)(2) and the 

report under subsection (e) are not required in the case of an 

order that tolls or extends a time deadline for a period of less 

than 14 days.’’. 

(B) CLERICAL AMENDMENT.—The table of contents of 

chapter 7 of title 11, District of Columbia Official Code, 

is amended by adding at the end of the items relating 

to subchapter III the following: 

‘‘11–745. Emergency authority to toll or delay proceedings.’’. 

(c) PERMITTING AGREEMENTS TO PROVIDE SERVICES ON A

REIMBURSABLE BASIS TO OTHER DISTRICT GOVERNMENT OFFICES.— (1) IN GENERAL.—Section 11–1742, District of Columbia 

Official Code, is amended by adding at the end the following 

new subsection: 

‘‘(d) To prevent duplication and to promote efficiency and 

economy, the Executive Officer may enter into agreements to provide the Mayor of the District of Columbia with equipment, supplies, 

and services and credit reimbursements received from the Mayor 

for such equipment, supplies, and services to the appropriation 

of the District of Columbia Courts against which they were 

charged.’’. 

(2) EFFECTIVE DATE.—The amendment made by paragraph 

(1) shall apply with respect to fiscal year 2010 and each succeeding fiscal year. 

SEC. 3. LIABILITY INSURANCE FOR PUBLIC DEFENDER SERVICE. 

Section 307 of the District of Columbia Court Reform and 

Criminal Procedure Act of 1970 (sec. 2–1607, D.C. Official Code) 

is amended by adding at the end the following new subsection: 

‘‘(e) The Service shall, to the extent the Director considers 

appropriate, provide representation for and hold harmless, or provide liability insurance for, any person who is an employee, member 

of the Board of Trustees, or officer of the Service for money damages 

arising out of any claim, proceeding, or case at law relating to 

the furnishing of representational services or management services 

or related services under this Act while acting within the scope 

of that person’s office or employment, including but not limited 

to such claims, proceedings, or cases at law involving employment 

actions, injury, loss of liberty, property damage, loss of property, 
S. 1379—5 

or personal injury, or death arising from malpractice or negligence 

of any such officer or employee.’’. 

SEC. 4. REDUCTION IN TERM OF SERVICE OF JUDGES ON FAMILY 

COURT OF THE SUPERIOR COURT. 

(a) REDUCTION IN TERM OF SERVICE.—Section 11–908A(c)(1), 

District of Columbia Official Code, is amended by striking ‘‘5 years’’ 

and inserting ‘‘3 years’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to any individual serving as a judge on 

the Family Court of the Superior Court of the District of Columbia 

on or after the date of the enactment of this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.