I 

116TH CONGRESS 

2D SESSION H. R. 7941 

To amend title 11, District of Columbia Official Code, to expand the authorities of magistrate judges of the District of Columbia courts, to modernize 

the rules and procedures for the service of jurors in District of Columbia 

courts, to authorize the establishment of a program of voluntary separation incentive payments for nonjudicial employees of the District of 

Columbia courts and employees of the District of Columbia Public Defender Service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 4, 2020 

Ms. NORTON introduced the following bill; which was referred to the 

Committee on Oversight and Reform 

A BILL 

To amend title 11, District of Columbia Official Code, to 

expand the authorities of magistrate judges of the District of Columbia courts, to modernize the rules and 

procedures for the service of jurors in District of Columbia courts, to authorize the establishment of a program 

of voluntary separation incentive payments for nonjudicial employees of the District of Columbia courts 

and employees of the District of Columbia Public Defender Service, and for other purposes. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Courts Improvement Act of 2020’’. 

4 SEC. 2. EXPANSION OF AUTHORITY OF MAGISTRATE 

5 JUDGES OF SUPERIOR COURT TO PERFORM 

6 CERTAIN JUDICIAL FUNCTIONS. 

7 (a) EXPANDED AUTHORITIES DESCRIBED.—Section 

8 11–1732(j), District of Columbia Official Code, is amend9 ed by striking paragraph (5) and inserting the following: 

10 ‘‘(5) Issue arrest and search warrants pursuant 

11 to subchapters II and IV of chapter 5 of title 23, 

12 District of Columbia Official Code, and search war13 rants pursuant to section 14 of the Uniform Nar14 cotic Drug Act (52 Stat. 792; sec. 48–921.02, D.C. 

15 Official Code). 

16 ‘‘(6) In the case of proceedings which are initi17 ated prior to the expiration of the 5-year period 

18 which begins on the date of the enactment of the 

19 District of Columbia Courts Improvement Act of 

20 2020, conduct hearings, make findings, and enter in21 terim and final orders or judgments in uncontested 

22 or contested proceedings in the Probate and Civil 

23 Divisions of the Superior Court, excluding the fol24 lowing proceedings: 

25 ‘‘(A) Trials. 


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1 ‘‘(B) Contested motions to dismiss, for 

2 judgment on the pleadings, and for summary 

3 judgment. 

4 ‘‘(7) Enter an order punishing an individual for 

5 contempt, except that no individual may be detained 

6 pursuant to the authority of this paragraph for 

7 longer than 180 days, and such an order shall not 

8 be subject to the limitations and exclusions applica9 ble to orders under paragraph (6). 

10 ‘‘(8) In addition to the functions described in 

11 the preceding paragraphs, with the consent of the 

12 parties involved, conduct hearings, make findings, 

13 and enter interim and final orders or judgments in 

14 all other uncontested or contested proceedings in the 

15 Civil, Criminal, and Probate Divisions and the Fam16 ily Court of the Superior Court, excluding jury trials 

17 in the Criminal Division and trials of felony cases in 

18 the Criminal Division.’’. 

19 (b) CONFORMING AMENDMENT RELATING TO RE20 VIEW OF ORDERS AND JUDGMENTS.—Section 11– 

21 1732(k), District of Columbia Official Code, is amended 

22 by striking ‘‘With respect to proceedings’’ and all that fol23 lows through ‘‘in the case of magistrate judges’’ and in24 serting the following: ‘‘With respect to hearings and pro25 ceedings under paragraphs (2), (3), (4), (6), (7), and (8) 


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1 of subsection (j) (or proceedings and hearings under sec2 tion 11–1732A(d), in the case of magistrate judges’’. 

3 (c) TECHNICAL AMENDMENT.—Paragraphs (1), (2), 

4 (3), and (4) of section 11–1732(j), District of Columbia 

5 Official Code, are each amended by striking the semicolon 

6 at the end and inserting a period. 

7 (d) EFFECTIVE DATE.—The amendments made by 

8 this section shall take effect on the date of the enactment 

9 of this Act, except that paragraph (5) of section 11– 

10 1732(j), District of Columbia Official Code (as amended 

11 by subsection (a)), shall take effect on the effective date 

12 of a law enacted after the date of the enactment of this 

13 Act by the government of the District of Columbia which 

14 amends section 23–501(1), District of Columbia Official 

15 Code, and section 14 of the Uniform Narcotic Drug Act 

16 (52 Stat. 792; sec. 48–921.02, D.C. Official Code) to take 

17 such paragraph (as amended by subsection (a)) into ac18 count. 

19 SEC. 3. MODERNIZATION OF RULES AND PROCEDURES RE20 LATING TO SERVICE OF JURORS. 

21 (a) ESTABLISHING FEES FOR JURORS SERVING IN

22 SUPERIOR COURT OF THE DISTRICT OF COLUMBIA AT

23 SAME RATES PAID FOR JURORS SERVING IN UNITED

24 STATES DISTRICT COURTS.— 


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1 (1) ESTABLISHMENT OF FEES.—Section 11– 

2 1912(a), District of Columbia Official Code, is 

3 amended to read as follows: 

4 ‘‘(a) Grand and petit jurors serving in the Superior 

5 Court shall receive fees and expenses at rates equivalent 

6 to the rates provided under section 1871 of title 28, 

7 United States Code, for fees and allowances paid to grand 

8 and petit jurors appearing in the district courts of the 

9 United States.’’. 

10 (2) CONFORMING AMENDMENT.—Section 15– 

11 718, District of Columbia Official Code, is repealed. 

12 (3) EFFECTIVE DATE.—The amendments made 

13 by this subsection shall apply with respect to fees 

14 and expenses paid on or after the first day of the 

15 first fiscal year which begins after the date of the 

16 enactment of this Act. 

17 (b) MODERNIZING PROCESS FOR SERVING OF SUM18 MONSES.— 

19 (1) JUROR QUALIFICATION FORMS.—Section 

20 11–1906(c), District of Columbia Official Code, is 

21 amended— 

22 (A) in paragraph (1), by striking ‘‘shall 

23 provide that a juror qualification form be 

24 mailed’’ and inserting ‘‘shall require that a 

25 juror qualification form be provided’’; and 


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1 (B) in paragraph (2), by striking ‘‘return’’ 

2 and inserting ‘‘submit’’. 

3 (2) USE OF ELECTRONIC COMMUNICATION.— 

4 Section 11–1907(a), District of Columbia Official 

5 Code, is amended by striking the last sentence and 

6 inserting the following: ‘‘Under the jury system plan, 

7 service of prospective jurors may be made person8 ally, by mail, or, with the consent of the prospective 

9 juror, by electronic communication.’’. 

10 (c) PERMITTING INDIVIDUALS 70 YEARS OF AGE OR

11 OLDER TO OPT OUT OF SERVICE.—Section 11–1908(b), 

12 District of Columbia Official Code, is amended— 

13 (1) by striking ‘‘or (4)’’ and inserting ‘‘(4)’’; 

14 and 

15 (2) by striking the period at the end of the first 

16 sentence and inserting the following: ‘‘; or (5) ex17 cluded by the Court upon the request of the indi18 vidual if the individual is 70 years of age or older.’’. 

19 SEC. 4. AUTHORIZATION FOR PROGRAM OF VOLUNTARY 

20 SEPARATION INCENTIVE PAYMENTS. 

21 (a) PROGRAM FOR DISTRICT OF COLUMBIA

22 COURTS.— 

23 (1) IN GENERAL.—Chapter 17 of title 11, Dis24 trict of Columbia Official Code, is amended by inVerDate Sep 11 2014 22:16 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7941.IH H7941

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1 serting after section 11–1726 the following new sec2 tion: 

3 ‘‘§ 11–1726A. Voluntary separation incentive pay4 ments 

5 ‘‘The Joint Committee on Judicial Administration 

6 may, by regulation, establish a program substantially simi7 lar to the program established under subchapter II of 

8 chapter 35 of title 5, United States Code, for nonjudicial 

9 employees of the District of Columbia courts, except that 

10 the maximum amount of the payment made under the pro11 gram to any individual may not exceed the amount re12 ferred to in section 3523(b)(3)(B) of title 5, United States 

13 Code.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents of chapter 17 of title 11, District of Columbia 

16 Official Code, is amended by inserting after the item 

17 relating to section 11–1726 the following new item: 

‘‘11–1726A. Voluntary separation incentive payments.’’. 

18 (b) PROGRAM FOR DISTRICT OF COLUMBIA PUBLIC

19 DEFENDER SERVICE.—Section 305 of the District of Co20 lumbia Court Reform and Criminal Procedure Act of 1970 

21 (sec. 2–1605, D.C. Official Code) is amended by adding 

22 at the end the following new subsection: 

23 ‘‘(d) The Director may establish a program substan24 tially similar to the program established under subchapter 

25 II of chapter 35 of title 5, United States Code, for employVerDate Sep 11 2014 22:16 Aug 24, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7941.IH H7941

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1 ees of the Service, except that the maximum amount of 

2 the payment made under the program to any individual 

3 may not exceed the amount referred to in section 

4 3523(b)(3)(B) of title 5, United States Code.’’. 

5 (c) NO EFFECT ON PREVIOUS PAYMENTS.—Nothing 

6 in this section or the amendments made by this section 

7 may be construed to affect any voluntary separation incen8 tive payment made prior to the date of the enactment of 

9 this Act under a program established by the Joint Com10 mittee on Judicial Administration in the District of Co11 lumbia or the District of Columbia Public Defender Serv12 ice. 

13 SEC. 5. ADJUSTMENTS IN COMPENSATION RATES FOR CER14 TAIN PERSONNEL. 

15 (a) ATTORNEYS REPRESENTING INDIGENT DEFEND16 ANTS.— 

17 (1) IN GENERAL.—Section 11–2604(a), District 

18 of Columbia Official Code, is amended by striking 

19 ‘‘at a fixed rate of $90 per hour’’ and inserting ‘‘an 

20 hourly rate not to exceed the rate payable under sec21 tion 3006A(d)(1) of title 18, United States Code’’. 

22 (2) EFFECTIVE DATE.—The amendments made 

23 by this section shall apply with respect to cases and 

24 proceedings initiated on or after the date of the en25 actment of this Act. 


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1 (b) CRIMINAL JUSTICE INVESTIGATORS.— 

2 (1) IN GENERAL.—Section 11–2605, District of 

3 Columbia Official Code, is amended by striking ‘‘(or, 

4 in the case of investigative services, a fixed rate of 

5 $25 per hour)’’ each place it appears in subsections 

6 (b) and (c). 

7 (2) EFFECTIVE DATE.—The amendments made 

8 by this section shall apply with respect to investiga9 tive services provided in connection with cases and 

10 proceedings initiated on or after the date of the en11 actment of this Act. 

12 SEC. 6. AUTHORITY OF EXECUTIVE OFFICER OF COURTS 

13 OVER REGISTER OF WILLS. 

14 (a) APPOINTMENT AND REMOVAL.— 

15 (1) IN GENERAL.—Section 11–1725(b), District 

16 of Columbia Official Code, is amended— 

17 (A) by inserting ‘‘the Register of Wills,’’ 

18 after ‘‘the clerks of the courts,’’; and 

19 (B) by striking ‘‘(other than the Register 

20 of Wills and personal law clerks and secretaries 

21 of the judges)’’ and inserting ‘‘(other than per22 sonal law clerks and judicial administrative as23 sistants of the judges)’’. 

24 (2) CONFORMING AMENDMENT.—Section 11– 

25 2102(a), District of Columbia Official Code, is 


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1 amended by striking ‘‘The Superior Court shall ap2 point and remove’’ and inserting ‘‘Pursuant to sec3 tion 11–1725(b), the Executive Officer of the Dis4 trict of Columbia Courts shall appoint and may re5 move’’. 

6 (b) DETERMINATION OF COMPENSATION.—Section 

7 11–2102(c), District of Columbia Official Code, is amend8 ed to read as follows: 

9 ‘‘(c) The compensation of the Register of Wills shall 

10 be fixed in accordance with section 11–1726(a).’’. 

11 (c) ASSIGNMENT OF DUTIES.—Section 11–2103, 

12 District of Columbia Official Code, is amended by striking 

13 ‘‘the chief judge of the Superior Court’’ and inserting ‘‘the 

14 Executive Officer of the District of Columbia Courts’’. 

15 SEC. 7. AUTHORIZATION OF RETROACTIVE PAY ADJUST16 MENTS FOR COURT EMPLOYEES. 

17 Section 11–1726, District of Columbia Official Code, 

18 is amended by adding at the end the following new sub19 section: 

20 ‘‘(d) Retroactive pay may be payable to an employee 

21 of the District of Columbia courts by reason of an increase 

22 in the salary or pay schedule applicable to the employee 

23 pursuant to this section which occurs during fiscal year 

24 2020 or any succeeding fiscal year, but only if— 


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1 ‘‘(1) the employee is in the service of the Dis2 trict of Columbia courts on the date of final action 

3 by the Executive Officer regarding the increase; or 

4 ‘‘(2) the employee retired or died during the pe5 riod beginning on the effective date of the increase 

6 and ending on the date of final action by the Execu7 tive Officer regarding the increase, except that retro8 active pay for such an employee shall be provided 

9 only with respect to services performed during that 

10 period.’’. 

11 SEC. 8. REVISING CERTAIN REFERENCES. 

12 (a) REFERENCES TO DOMESTIC VIOLENCE DIVI13 SION.— 

14 (1) IN GENERAL.—The District of Columbia 

15 Official Code is amended by striking ‘‘Domestic Vio16 lence Unit’’ each place it appears in the following 

17 sections and inserting ‘‘Domestic Violence Division’’: 

18 (A) Section 11–902(d). 

19 (B) Section 11–1101(b)(2). 

20 (C) Section 11–1732. 

21 (D) Section 16–1001(5). 

22 (E) Section 16–1003(a). 

23 (F) Section 16–1004(a). 


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1 (2) SPECIAL RULES FOR MAGISTRATE

2 JUDGES.—Section 11–1732A, District of Columbia 

3 Official Code, is amended— 

4 (A) in the heading, by striking ‘‘Domes5 tic Violence Unit’’ and inserting ‘‘Domes6 tic Violence Division’’; and 

7 (B) by striking ‘‘Domestic Violence Unit’’ 

8 each place it appears and inserting ‘‘Domestic 

9 Violence Division’’. 

10 (3) CLERICAL AMENDMENT.—The table of sec11 tions at the beginning of subchapter II of chapter 17 

12 of title 11, District of Columbia Official Code, is 

13 amended by amending the item relating to section 

14 11–1732A to read as follows: 

‘‘11–1732A. Special rules for magistrate judges of the Family Court of the Superior Court and the Domestic Violence Division.’’. 

15 (b) REFERENCES TO INDIVIDUALS WITH INTELLEC16 TUAL DISABILITIES.—(1) Section 11–501(2)(D), District 

17 of Columbia Official Code, is amended by striking ‘‘sub18 stantially retarded persons’’ and inserting ‘‘persons with 

19 moderate intellectual disabilities’’. 

20 (2) Section 11–921(a)(4)(D), District of Columbia 

21 Official Code, is amended by striking ‘‘substantially re22 tarded persons’’ and inserting ‘‘persons with moderate in23 tellectual disabilities’’. 


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1 (3) Section 11–1101(a)(15), District of Columbia Of2 ficial Code, is amended by striking ‘‘the at least mod3 erately mentally retarded’’ and inserting ‘‘persons with 

4 moderate intellectual disabilities’’. 

Æ 


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