II

103D CONGRESS

1ST SESSION S. 1718

To create a Supreme Court for the District of Columbia, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

NOVEMBER 19 (legislative day, NOVEMBER 2), 1993

Mr. LIEBERMAN introduced the following bill; which was read twice and

referred to the Committee on Governmental Affairs

A BILL

To create a Supreme Court for the District of Columbia,

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,

3 SECTION 1. SHORT TITLE.

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

5 Judicial Reorganization Act of 1993’’.
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1 TITLE I—SUPREME COURT OF

2 THE DISTRICT OF COLUMBIA

3 SEC. 101. ESTABLISHMENT OF SUPREME COURT OF THE

4 DISTRICT OF COLUMBIA.

5 Title 11 of the District of Columbia Code is amended

6 by adding after chapter 5 the following new chapter 6:

7 ‘‘CHAPTER 6. SUPREME COURT OF THE DISTRICT

8 OF COLUMBIA

‘‘SUBCHAPTER I. ESTABLISHMENT AND ORGANIZATION

‘‘Sec.

‘‘11–601. Establishment; court of record; seal.

‘‘11–602. Composition.

‘‘11–603. Justices; service; compensation.

‘‘11–604. Oath of justices.

‘‘11–605. Term; hearings; quorum.

‘‘11–606. Absence, disability, or disqualification of judges; vacancies.

‘‘11–607. Assignment of justices and judges to and from other courts of the

District of Columbia.

‘‘11–608. Clerks and secretaries for justices.

‘‘11–609. Reports.

‘‘SUBCHAPTER II. JURISDICTION

‘‘11–621. Certification to the Supreme Court of the District of Columbia.

‘‘11–622. Review by the Supreme Court of the District of Columbia.

‘‘11–623. Certification of questions of law.

‘‘SUBCHAPTER III. MISCELLANEOUS PROVISIONS

‘‘11–641. Contempt powers.

‘‘11–642. Oaths, affirmations, and acknowledgments.

‘‘11–643. Rules of court.

‘‘11–644. Judicial conference.

9 ‘‘SUBCHAPTER I. ESTABLISHMENT AND

10 ORGANIZATION

11 ‘‘§ 11–601. Establishment; court of record; seal

12 ‘‘(a) The Supreme Court of the District of Columbia

13 (hereafter in this chapter referred to as ‘the court’) is
3

•S 1718 IS

1 hereby established as a court of record in the District of

2 Columbia.

3 ‘‘(b) The court shall have a seal.

4 ‘‘§ 11–602. Composition

5 ‘‘The court shall consist of a chief justice and 6 asso6 ciate justices.

7 ‘‘§ 11–603. Justices; service; compensation

8 ‘‘(a) The chief justice and the justices of the court

9 shall serve in accordance with chapter 15 of this title.

10 ‘‘(b) Justices of the court shall be compensated at

11 the rate prescribed by law for judges of the United States

12 Court of Appeals. The chief justice shall receive $500 per

13 year in addition to the salary of other justices of the court.

14 ‘‘§ 11–604. Oath of justices

15 ‘‘Each justice, when appointed, shall take the oath

16 prescribed for judges of courts of the United States.

17 ‘‘§ 11–605. Term; hearings; quorum

18 ‘‘(a) The court shall sit in one term each year for

19 such period as it may determine.

20 ‘‘(b) The court shall sit in banc to hear and determine

21 cases and controversies, except that the court may sit in

22 divisions of 3 justices to hear and determine cases and

23 controversies certified for review under section 11–621 if

24 the court determines that subsection (b)(2) of such section

25 is the exclusive basis for such certification. The court in
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1 banc for a hearing shall consist of the justices of the court

2 in regular active service.

3 ‘‘(c) A majority of the justices serving shall constitute

4 a quorum.

5 ‘‘(d) A rehearing before the court may be ordered by

6 a majority of the justices of the court in regular active

7 service. The court in banc for a rehearing shall consist

8 of the justices of the court in regular active service.

9 ‘‘§ 11–606. Absence, disability, or disqualification of

10 justices; vacancies

11 ‘‘(a) When the chief justice of the court is absent or

12 disabled, the duties of the chief justice shall devolve upon

13 and be performed by such associate justice as the chief

14 justice may designate in writing. In the event that the

15 chief justice is (1) disqualified or suspended, or (2) unable

16 or fails to make such a designation, such duties shall de17 volve upon and be performed by the associate justices of

18 the court according to the seniority of their original com19 missions.

20 ‘‘(b) A chief justice whose term as chief justice has

21 expired shall continue to serve until redesignated or until

22 a successor has been designated. When there is a vacancy

23 in the position of chief justice the position shall be filled

24 temporarily as provided in the second sentence of sub25 section (a).
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1 ‘‘§ 11–607. Assignment of justices and judges to and

2 from other courts of the District of

3 Columbia

4 ‘‘(a) Upon presentation of a certificate of necessity

5 by the chief judge of the District of Columbia Court of

6 Appeals, the chief justice of the Supreme Court of the Dis7 trict of Columbia may designate and assign temporarily

8 one or more justices of the Supreme Court of the District

9 of Columbia or one or more judges of the Superior Court

10 of the District of Columbia to serve on the District of Co11 lumbia Court of Appeals or a division thereof whenever

12 the business of the District of Columbia Court of Appeals

13 so requires. Such designations or assignments shall be in

14 conformity with the rules or orders of the District of

15 Columbia Court of Appeals.

16 ‘‘(b) Upon presentation of a certificate of necessity

17 by the chief judge of the Superior Court of the District

18 of Columbia, the chief justice of the Supreme Court of

19 the District of Columbia may designate and assign tempo20 rarily one or more justices of the Supreme Court of the

21 District of Columbia or one or more judges of the District

22 of Columbia Court of Appeals to serve as a judge of the

23 Superior Court of the District of Columbia.

24 ‘‘§ 11–608. Clerks and secretaries for justices

25 ‘‘Each justice may appoint and remove a personal

26 secretary. The chief justice may appoint and remove not
6

•S 1718 IS

1 more than three personal law clerks, and each associate

2 justice may appoint and remove not more than two per3 sonal law clerks. In addition, the chief justice may appoint

4 and remove law clerks for the court and law clerks and

5 secretaries for the senior justices. The law clerks ap6 pointed for the court shall serve as directed by the chief

7 justice.

8 ‘‘§ 11–609. Reports

9 ‘‘Each justice shall submit to the chief justice such

10 reports and data as the chief justice may request.

11 ‘‘SUBCHAPTER II. JURISDICTION

12 ‘‘§ 11–621. Certification to the Supreme Court of the

13 District of Columbia

14 ‘‘(a) In any case or class of cases in which an appeal

15 has been taken to or filed with the District of Columbia

16 Court of Appeals, the Supreme Court of the District of

17 Columbia, by order of the Supreme Court sua sponte, or,

18 in its discretion, on motion of the District of Columbia

19 Court of Appeals or of any party, may certify the case

20 or class of cases for review by the Supreme Court before

21 it has been determined by the District of Columbia Court

22 of Appeals. The effect of such certification shall be to

23 transfer jurisdiction over the case or class of cases to the

24 Supreme Court of the District of Columbia for all pur25 poses.
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1 ‘‘(b) Such certification may be made only if not less

2 than 3 of the justices of the Supreme Court of the District

3 of Columbia determine that—

4 ‘‘(1) the case or class of cases involves a ques5 tion that is novel or difficult or is of importance in

6 the general public interest or the administration of

7 justice; or

8 ‘‘(2) the case or class of cases was pending in

9 the District of Columbia Court of Appeals on the ef10 fective date of this section and, because the justices

11 of the Supreme Court of the District of Columbia

12 were familiar with the case or class of cases while

13 serving as judges of the District of Columbia Court

14 of Appeals, the sound and efficient administration of

15 justice dictates that the case or class of cases be cer16 tified for review by the Supreme Court of the

17 District of Columbia.

18 ‘‘§ 11–622. Review by the Supreme Court of the Dis19 trict of Columbia

20 ‘‘(a) Any party aggrieved by a final decision of the

21 District of Columbia Court of Appeals may petition the

22 Supreme Court of the District of Columbia for an appeal.

23 Such a petition may be granted and appeal be heard by

24 the Supreme Court of the District of Columbia only upon

25 the affirmative vote of not less than 3 of the justices that
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1 the matter involves a question that is novel or difficult,

2 is the subject of conflicting authorities within the jurisdic3 tion, or is of importance in the general public interest or

4 the administration of justice. The granting of such peti5 tions for appeal shall be in the discretion of the Supreme

6 Court of the District of Columbia. The Supreme Court

7 of the District of Columbia shall not be required to state

8 reasons for denial of petitions for appeal.

9 ‘‘(b) On hearing an appeal in any case or controversy,

10 the Supreme Court of the District of Columbia shall give

11 judgment after an examination of the record without re12 gard to errors or defects which do not affect the substan13 tial rights of the parties.

14 ‘‘§ 11–623. Certification of questions of law

15 ‘‘(a) The Supreme Court of the District of Columbia

16 may answer a question of law of the District of Columbia

17 certified to it by the Supreme Court of the United States,

18 a Court of Appeals of the United States, or the highest

19 appellate court of any State, if—

20 ‘‘(1) such question of law may be determinative

21 of the case pending in such a court; and

22 ‘‘(2) there is no controlling precedent regarding

23 such question of law in the decisions of the District

24 of Columbia Court of Appeals or the Supreme Court

25 of the District of Columbia.
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1 ‘‘(b) This section may be invoked by an order of any

2 of the courts referred to in subsection (a) upon such

3 court’s motion or upon the motion of any party to the

4 case.

5 ‘‘(c) A certification order under this section shall—

6 ‘‘(1) describe the question of law to be an7 swered;

8 ‘‘(2) contain a statement of all facts relevant to

9 the question certified and the nature of the con10 troversy in which the questions arose; and

11 ‘‘(3) upon the request of the Supreme Court of

12 the District of Columbia contain the original or cop13 ies of the record of the case in question or of any

14 portion of such record as the Supreme Court of the

15 District of Columbia considers necessary to deter16 mine the questions of law which are the subject of

17 the motion.

18 ‘‘(d) Fees and costs shall be the same as in appeals

19 docketed before the Supreme Court of the District of Co20 lumbia and shall be equally divided between the parties

21 unless precluded by statute or by order of the certifying

22 court.

23 ‘‘(e) The written opinion of the Supreme Court of the

24 District of Columbia stating the law governing any ques-
10

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1 tions certified under subsection (a) shall be sent by the

2 clerk to the certifying court and to the parties.

3 ‘‘(f) The Supreme Court of the District of Columbia,

4 on its own motion, the motion of the District of Columbia

5 Court of Appeals, or the motion of any party to a case

6 pending in the Supreme Court of the District of Columbia

7 or the District of Columbia Court of Appeals, may order

8 certification of a question of law of another State to the

9 highest court of such State if, in the view of the Supreme

10 Court of the District of Columbia—

11 ‘‘(1) such question of law may be determinative

12 of the case pending in the Supreme Court of the

13 District of Columbia or the District of Columbia

14 Court of Appeals; and

15 ‘‘(2) there is no controlling precedent regarding

16 such question of law in the decisions of the appellate

17 courts of the State to which the order of certification

18 is directed.

19 ‘‘(g) The Supreme Court of the District of Columbia

20 may prescribe the rules of procedure concerning the an21 swering and certification of questions of law under this

22 section.
11

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1 ‘‘SUBCHAPTER III. MISCELLANEOUS

2 PROVISIONS

3 ‘‘§ 11–641. Contempt powers

4 ‘‘In addition to the powers conferred by section 402

5 of title 18, United States Code, the Supreme Court of the

6 District of Columbia, or a justice thereof, may punish for

7 disobedience of an order or for contempt committed in the

8 presence of the court.

9 ‘‘§ 11–642. Oaths, affirmations, and acknowledgments

10 ‘‘Each justice of the Supreme Court of the District

11 of Columbia and each employee of the court authorized

12 by the chief justice may administer oaths and affirmations

13 and take acknowledgments.

14 ‘‘§ 11–643. Rules of court

15 ‘‘The Supreme Court of the District of Columbia

16 shall conduct its business in accordance with such rules

17 and procedures as the court shall adopt.

18 ‘‘§ 11–644. Judicial conference

19 ‘‘The chief justice of the Supreme Court of the Dis20 trict of Columbia shall summon annually the justices and

21 active judges of the District of Columbia courts to a con22 ference at a time and place that the chief justice des23 ignates, for the purpose of advising as to means of improv24 ing the administration of justice within the District of Co25 lumbia. The chief justice shall preside at such conference
12

•S 1718 IS

1 which shall be known as the Judicial Conference of the

2 District of Columbia. Each justice and judge summoned,

3 unless excused by the chief justice of the Supreme Court

4 of the District of Columbia, shall attend throughout the

5 conference. The Supreme Court of the District of Colum6 bia shall provide by its rules for representation of and ac7 tive participation by members of the unified District of

8 Columbia Bar and other persons active in the legal profes9 sion at such conference.’’.

10 SEC. 102. TRANSITION PROVISIONS.

11 (a) ELEVATION OF JUDGES OF THE DISTRICT OF CO12 LUMBIA COURT OF APPEALS AS JUSTICES OF THE SU13 PREME COURT OF THE DISTRICT OF COLUMBIA.—

14 (1) Except as provided in paragraph (2), begin15 ning on the effective date of this title the chief judge

16 of the District of Columbia Court of Appeals shall

17 serve the remainder of the term to which he or she

18 was appointed as the chief justice of the Supreme

19 Court of the District of Columbia and the associate

20 judges of the District of Columbia Court of Appeals

21 shall serve the remainder of the respective terms to

22 which they were appointed as associate justices of

23 the Supreme Court of the District of Columbia. The

24 Supreme Court of the District of Columbia shall

25 conform to the numerical requirements of section
13

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1 11–602 of the D.C. Code through attrition. Vacan2 cies in the offices of chief judge and associate judge

3 of the District of Columbia Court of Appeals shall

4 be filled in accordance with chapter 15 of title 11 of

5 the D.C. Code.

6 (2) Any judge of the District of Columbia Court

7 of Appeals may serve the remainder of the term to

8 which he or she was appointed as a judge of that

9 court by providing written notice to the chief judge

10 of the District of Columbia Court of Appeals not less

11 than 30 days after the date of the enactment of this

12 Act.

13 (b) TRANSITION PERIOD FOR THE SUPREME COURT

14 OF THE DISTRICT OF COLUMBIA.—

15 (1) A committee consisting of the chief judge of

16 the District of Columbia Court of Appeals together

17 with 2 other judges of such court and the chief

18 judge of the Superior Court of the District of Co19 lumbia together with 2 other judges of such court

20 shall be responsible for the administration of the pe21 riod of transition prior to the establishment of the

22 Supreme Court of the District of Columbia, includ23 ing the hiring of necessary staff, the preparation of

24 facilities, and the purchase of necessary equipment

25 and supplies.
14

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1 (2) Not more than 120 days after the date of

2 the enactment of this Act, the committee referred to

3 in paragraph (1) shall submit to the Committee on

4 Governmental Affairs of the Senate and the Com5 mittee on the District of Columbia of the House of

6 Representatives a transition report, consistent with

7 this Act, regarding the establishment of the Su8 preme Court of the District of Columbia and the fill9 ing of vacancies on the District of Columbia Court

10 of Appeals resulting from the elevation of the judges

11 of such Court to positions on the Supreme Court of

12 the District of Columbia pursuant to subsection (a).

13 (3) This subsection shall take effect on the date

14 of the enactment of this Act.

15 SEC. 103. CONFORMING AND OTHER AMENDMENTS.

16 (a) AMENDMENTS TO THE HOME RULE ACT.—

17 (1) Section 431(a) of the District of Columbia

18 Self-Government and Governmental Reorganization

19 Act is amended—

20 (A) in the first sentence by inserting ‘‘Su21 preme Court of the District of Columbia,’’ after

22 ‘‘vested in the’’; and

23 (B) by adding after the fourth sentence the

24 following: ‘‘The Supreme Court of the District

25 of Columbia has jurisdiction of appeals from
15

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1 the District of Columbia Court of Appeals and

2 of cases certified to the Supreme Court under

3 section 11–621(a), District of Columbia Code.’’.

4 (2) Section 431 of such Act is further amend5 ed—

6 (A) in subsection (b)—

7 (i) by inserting ‘‘chief justice or’’ be8 fore ‘‘chief judge’’ each place it appears,

9 (ii) by striking ‘‘term as a judge’’ and

10 inserting ‘‘term as a justice or judge’’, and

11 (iii) by inserting ‘‘chief justice’s or’’

12 before ‘‘chief judge’s’’ each place it ap13 pears;

14 (B) in subsections (b) and (g), by inserting

15 ‘‘justices or’’ before ‘‘judges’’ each place it ap16 pears; and

17 (C) in subsections (c) and (g), by inserting

18 ‘‘justice or’’ before ‘‘judge’’ each place it ap19 pears.

20 (3) Section 432 of such Act is amended—

21 (A) by inserting ‘‘justice or’’ before

22 ‘‘judge’’ each place it appears;

23 (B) by striking ‘‘District of Columbia

24 Court of Appeals’’ each place it appears and in-
16

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1 serting ‘‘Supreme Court of the District of Co2 lumbia’’; and

3 (C) in subsection (a)(1) by striking ‘‘law or

4 which would be a felony in the District’’ and in5 serting ‘‘law or the laws of the District of Co6 lumbia’’.

7 (4) Section 433 of such Act is amended—

8 (A) in the heading by inserting ‘‘JUSTICES

9 AND’’ before ‘‘JUDGES’’;

10 (B) by inserting ‘‘justices and’’ before

11 ‘‘judges’’ each place it appears; and

12 (C) by inserting ‘‘justice or’’ before

13 ‘‘judge’’ each place it appears.

14 (5) Section 434 of such Act is amended in sub15 sections (b)(3) and (d)—

16 (A) by inserting ‘‘justice or’’ before

17 ‘‘judge’’ each place it appears;

18 (B) by inserting ‘‘justices or’’ before

19 ‘‘judges’’ each place it appears; and

20 (C) by inserting ‘‘justice’s or’’ before

21 ‘‘judge’s’’ each place it appears.

22 (b) AMENDMENTS TO CHAPTER 1 OF TITLE 11, D.C.

23 CODE.—

24 (1) Section 11–101(2), D.C. Code, is amended

25 by redesignating subparagraphs (A) and (B) as sub-
17

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1 paragraphs (B) and (C), respectively, and by adding

2 before subparagraph (B) (as so redesignated) the

3 following:

4 ‘‘(A) The Supreme Court of the District of

5 Columbia.’’.

6 (2) Section 11–102, D.C. Code, is amended to

7 read as follows:

8 ‘‘§ 11–102. Status of Supreme Court of the District of

9 Columbia

10 ‘‘The highest court of the District of Columbia is the

11 Supreme Court of the District of Columbia. Final judg12 ments, orders, and decrees of the Supreme Court of the

13 District of Columbia and of the District of Columbia

14 Court of Appeals where review is denied by the Supreme

15 Court of the District of Columbia are reviewable by the

16 Supreme Court of the United States in accordance with

17 section 1257 of title 28, United States Code.’’.

18 (3) The item relating to section 11–102 of the

19 table of contents of chapter 1 of title 11, D.C. Code,

20 is amended to read as follows:

‘‘11–102. Status of Supreme Court of the District of Columbia.’’.

21 (c) AMENDMENTS TO CHAPTER 7 OF TITLE 11, D.C.

22 CODE.—

23 (1) Chapter 7 of title 11, D.C. Code, is amend24 ed by striking sections 11–707, 11–723, and 11–744
18

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1 and by striking the items relating to such sections

2 in the table of contents of such chapter.

3 (2) Section 11–703(b), D.C. Code, is amended

4 by striking ‘‘the rate prescribed by law for judges of

5 the United States courts of appeals.’’ and inserting

6 the following: ‘‘a rate equal to the average of the

7 compensation provided for judges of the Supreme

8 Court of the District of Columbia under section 11–

9 603 and the compensation provided for judges of the

10 Superior Court of the District of Columbia under

11 section 11–904(b).’’.

12 (3) Section 11–708, D.C. Code, is amended by

13 striking ‘‘not more than three law clerks for the

14 court.’’ and inserting ‘‘law clerks for the court and

15 law clerks and secretaries for the senior judges.’’.

16 (4) Section 11–722, D.C. Code, is amended by

17 striking ‘‘Commissioner’’ and inserting ‘‘Mayor’’.

18 (5) Section 11–743, D.C. Code, is amended by

19 striking ‘‘according to’’ and all that follows and in20 serting ‘‘in accordance with such rules and proce21 dures as it may adopt.’’.

22 (d) AMENDMENTS TO CHAPTER 9 OF TITLE 11, D.C.

23 CODE.—

24 (1) Section 11–908(b), D.C. Code, is amended

25 to read as follows:
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1 ‘‘(b) When the business of the Superior Court re2 quires, the chief judge may certify to the chief justice of

3 the Supreme Court of the District of Columbia the need

4 for an additional judge or judges as provided in section

5 11–607 and 11–707.’’.

6 (2) Section 11–910, D.C. Code, is amended by

7 adding at the end the following new sentence: ‘‘In

8 addition, the chief judge may appoint and remove

9 law clerks for the court, who shall serve as directed

10 by the chief judge.’’.

11 (3) Section 11–946, D.C. Code, is amended by

12 striking ‘‘District of Columbia Court of Appeals’’

13 each place it appears in the second and third sen14 tences and inserting ‘‘Supreme Court of the District

15 of Columbia’’.

16 (e) AMENDMENTS TO CHAPTER 15 OF TITLE 11,

17 D.C. CODE.—

18 (1) Section 11–1501, D.C. Code, is amended to

19 read as follows:

20 ‘‘§ 11–1501. Appointment and qualifications of judges

21 ‘‘(a) Except as provided in section 434(d)(1) of the

22 District of Columbia Self-Government and Governmental

23 Reorganization Act, the President shall nominate, from

24 the list of persons recommended by the District of Colum25 bia Judicial Nomination Commission established under
20

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1 section 434 of such Act, and, by and with the advice and

2 consent of the Senate, appoint all justices and judges of

3 the District of Columbia courts.

4 ‘‘(b) No person may be nominated or appointed a jus5 tice or judge of a District of Columbia court unless that

6 person—

7 ‘‘(1) is a citizen of the United States;

8 ‘‘(2) is an active member of the unified District

9 of Columbia Bar and has been engaged in the active

10 practice of law in the District for the five years im11 mediately preceding nomination or for such five

12 years has served as a judge of the United States or

13 the District of Columbia, has been on the faculty of

14 a law school in the District, or has been employed

15 as a lawyer by the United States or the District of

16 Columbia government;

17 ‘‘(3) is a bona fide resident of the District of

18 Columbia and has maintained an actual place of

19 abode in the District for at least 90 days imme20 diately prior to nomination, and shall retain such

21 residency as long as he or she serves as such judge,

22 except judges appointed prior to December 23,

23 1973, who retain residency in Montgomery or Prince

24 Georges Counties in Maryland, Arlington or Fairfax

25 Counties (or any cities within the outer boundaries
21

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1 thereof) or the city of Alexandria in Virginia shall

2 not be required to be residents of the District to be

3 eligible for reappointment or to serve any term to

4 which reappointed;

5 ‘‘(4) is recommended to the President, for such

6 nomination and appointment, by the District of Co7 lumbia Judicial Nomination Commission; and

8 ‘‘(5) has not served, within a period of 2 years

9 prior to nomination, as a member of the District of

10 Columbia Commission on Judicial Disabilities and

11 Tenure or of the District of Columbia Judicial Nom12 ination Commission.’’.

13 (2) Section 11–1504(a)(1), D.C. Code, is

14 amended by striking the period at the end of the

15 first sentence and inserting the following: ‘‘, except

16 that a retired judge may not serve or perform judi17 cial duties on the Supreme Court of the District of

18 Columbia.’’.

19 (3) Section 11–1505(a), D.C. Code, is amended

20 in the second sentence by striking ‘‘District’’ and all

21 that follows and inserting ‘‘court of the District of

22 Columbia on which the judge serves.’’.

23 (4) Subchapter I of chapter 15 of title 11, D.C.

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

25 new section:
22

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1 ‘‘§ 11–1506. Definitions

2 ‘‘For purposes of this chapter—

3 ‘‘(1) the term ‘judge’ means any justice of the

4 Supreme Court of the District of Columbia, or any

5 judge of the District of Columbia Court of Appeals

6 or the Superior Court; and

7 ‘‘(2) the term ‘chief judge’ means the chief jus8 tice of the Supreme Court of the District of Colum9 bia, or the chief judges of the District of Columbia

10 Court of Appeals or the Superior Court, as appro11 priate.’’.

12 (5) Section 11–1526, D.C. Code, is amended by

13 striking ‘‘District of Columbia Court of Appeals’’

14 each place it appears and inserting ‘‘Supreme Court

15 of the District of Columbia’’.

16 (6) Section 11–1528, D.C. Code, is amended in

17 subsection (a)(2)(C) by inserting ‘‘the Supreme

18 Court of the District of Columbia or’’ after ‘‘ele19 vation to’’.

20 (7) Section 11–1529, D.C. Code, is amended by

21 striking ‘‘District of Columbia Court of Appeals’’

22 and inserting ‘‘Supreme Court of the District of Co23 lumbia’’.

24 (8) Section 11–1561, D.C. Code, is amended—
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1 (A) in paragraph (1), by inserting ‘‘any

2 justice of the Supreme Court of the District of

3 Columbia,’’ before ‘‘any judge’’; and

4 (B) in paragraph (2), by inserting ‘‘a jus5 tice in the Supreme Court of the District of Co6 lumbia,’’ before ‘‘a judge’’.

7 (9) The table of sections for subchapter I of

8 chapter 15 of title 11, D.C. Code, is amended by

9 adding at the end the following:

‘‘11–1506. Definitions.’’.

10 (f) AMENDMENTS TO CHAPTER 17 OF TITLE 11,

11 D.C. CODE.—

12 (1) Section 11–1701, D.C. Code, is amended—

13 (A) by amending subsection (a) to read as

14 follows:

15 ‘‘(a) There shall be a Joint Committee on Judicial

16 Administration in the District of Columbia (hereafter in

17 this chapter referred to as the ‘Joint Committee’) consist18 ing (during the first 3 fiscal years that begin after the

19 date of the enactment of the District of Columbia Judicial

20 Reorganization Act of 1993) of the chief justice of the Su21 preme Court of the District of Columbia (who shall serve

22 as chairperson) and two other justices of such court, the

23 chief judge of the District of Columbia Court of Appeals,

24 and the chief judge of the Superior Court of the District

25 of Columbia and two additional judges of such court.’’;
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1 (B) in subsection (b)—

2 (i) by amending paragraph (4) to read

3 as follows:

4 ‘‘(4) Preparation and publication of an annual

5 report of the District of Columbia court system re6 garding the work of the courts, the performance of

7 the duties enumerated in this chapter, and any rec8 ommendations relating to the courts.’’, and

9 (ii) by striking paragraphs (6) and (9)

10 and redesignating paragraphs (7) and (8)

11 as paragraphs (6) and (7); and

12 (C) in subsection (c)—

13 (i) by amending paragraph (2) to read

14 as follows:

15 ‘‘(2) formulate and enforce standards for out16 side activities of and receipt of compensation by the

17 judges of the District of Columbia court system;’’,

18 (ii) in paragraph (3), by striking ‘‘,

19 and institute such changes’’ and all that

20 follows through ‘‘justice’’,

21 (iii) by striking ‘‘and’’ at the end of

22 paragraph (3),

23 (iv) by striking the period at the end

24 of paragraph (4) and inserting a semi25 colon, and
25

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1 (v) by adding at the end the following

2 new paragraphs:

3 ‘‘(5) submit the annual budget requests of the

4 Supreme Court of the District of Columbia, the Dis5 trict of Columbia Court of Appeals, and the Superior

6 Court to the Mayor of the District of Columbia as

7 part of the integrated budget of the District of Co8 lumbia court system, except that any such request

9 may be modified upon the concurrence of 5 of the

10 7 members of the Joint Committee; and

11 ‘‘(6) with the concurrence of the chief justice of

12 the Supreme Court of the District of Columbia and

13 the respective chief judges of the other District of

14 Columbia courts, prepare and implement other poli15 cies and practices for the District of Columbia court

16 system and resolve other matters which may be of

17 joint and mutual concern of the Supreme Court of

18 the District of Columbia, the District of Columbia

19 Court of Appeals, and the Superior Court.’’.

20 (2) Section 11–1702, D.C. Code, is amended—

21 (A) in the heading, by inserting ‘‘the

22 chief justice and the’’ after ‘‘of’’;

23 (B) by redesignating subsections (a) and

24 (b) as subsections (b) and (c); and
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1 (C) by inserting before subsection (b) the

2 following new subsection:

3 ‘‘(a) The chief justice of the Supreme Court of the

4 District of Columbia, in addition to the authority con5 ferred by chapter 6 of this title, shall supervise the inter6 nal administration of that court—

7 ‘‘(1) including all administrative matters other

8 than those within the responsibility enumerated in

9 section 11–1701(b), and

10 ‘‘(2) including the implementation in that court

11 of the matters enumerated in section 11–1701(b),

12 consistent with the general policies and directives of the

13 Joint Committee.’’.

14 (3) Section 11–1703(a), D.C. Code, is amend15 ed—

16 (A) by striking ‘‘He’’ each place it appears

17 and inserting ‘‘The Executive Officer’’; and

18 (B) in the fourth sentence, by striking

19 ‘‘judges’’ and inserting ‘‘judge of the District of

20 Columbia Court of Appeals and the chief judge

21 of the Superior Court of the District of Colum22 bia’’.

23 (4) Section 11–1721, D.C. Code, is amended by

24 amending the matter following the heading to read

25 as follows:
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1 ‘‘(a) The Supreme Court of the District of Columbia

2 shall have a clerk appointed by the chief justice of that

3 court who shall, under the direction of the chief justice,

4 be responsible for the daily operations of that court and

5 serve as the clerk of the District of Columbia Court of

6 Appeals.

7 ‘‘(b) The Superior Court of the District of Columbia

8 shall have a clerk appointed by the chief judge of that

9 court who shall, under the direction of the chief judge,

10 be responsible for the daily operations of that court.

11 ‘‘(c) Each such clerk appointed under this section

12 shall receive a level of compensation, including retirement

13 benefits, determined by the Joint Committee on Judicial

14 Administration, except that such level may not exceed the

15 level of compensation provided for the Executive Officer.’’.

16 (5) Section 11–1726, D.C. Code, is amended—

17 (A) in the first sentence, by striking ‘‘Ex18 ecutive Officer’’ and all that follows and insert19 ing ‘‘Joint Committee (upon the recommenda20 tion of the Executive Officer) shall fix the rates

21 of compensation of such employees.’’; and

22 (B) in the second sentence, by striking

23 ‘‘Executive Officer’’ and inserting ‘‘Joint Com24 mittee’’.
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1 (6) Section 11–1730(a), D.C. Code, is amend2 ed—

3 (A) by striking ‘‘Judges’’ and inserting

4 ‘‘Justices and judges’’;

5 (B) by inserting ‘‘11–609,’’ after ‘‘sec6 tions’’; and

7 (C) by inserting ‘‘chief justice or’’ after

8 ‘‘respective’’.

9 (7) Section 11–1731, D.C. Code, is amended—

10 (A) by striking ‘‘or the chief judge’’ and

11 inserting ‘‘, the chief justice, or the chief

12 judges’’;

13 (B) in paragraph (7), by striking ‘‘the Dis14 trict of Columbia Bail Agency’’ and inserting

15 ‘‘the District of Columbia Pre-trial Services

16 Agency’’;

17 (C) by inserting ‘‘and’’ at the end of para18 graph (9); and

19 (D) by striking paragraphs (10) and (11)

20 and inserting the following:

21 ‘‘(10) the Department of Human Services.’’.

22 (8) Section 11–1741, D.C. Code, is amended—

23 (A) by amending the matter preceding

24 paragraph (1) to read as follows: ‘‘Within the

25 District of Columbia courts, and subject to the
29

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1 supervision of the chief justice of the Supreme

2 Court of the District of Columbia (acting in

3 consultation with the chief judge of the District

4 of Columbia Court of Appeals and the chief

5 judge of the Superior Court of the District of

6 Columbia), the Executive Officer shall—’’;

7 (B) by inserting ‘‘chief justice or’’ before

8 ‘‘chief’’ each place it appears in paragraphs (5),

9 (7), and (9);

10 (C) by striking ‘‘and’’ at the end of para11 graph (8);

12 (D) by striking the period at the end of

13 paragraph (9) and inserting ‘‘; and’’; and

14 (E) by adding at the end the following:

15 ‘‘(10) be responsible for the allocation, negotia16 tion for, and provision of space in the courts.’’.

17 (9) Section 11–1745(b)(2), D.C. Code, is

18 amended by striking ‘‘Commissioner’’ and inserting

19 ‘‘Mayor’’.

20 (10) Section 11–1747, D.C. Code, is amended

21 by striking ‘‘him’’ and inserting ‘‘the Executive

22 Officer’’.

23 (11) The table of sections for subchapter I of

24 chapter 17 of title 11, D.C. Code, is amended by
30

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1 amending the item relating to section 11–1702 to

2 read as follows:

‘‘11–1702. Responsibilities of the chief justice and the chief judges in the respective courts.’’.

3 (g) AMENDMENT TO CHAPTER 21 OF TITLE 11, D.C.

4 CODE.—Section 11–2102(c), D.C. Code, is amended by

5 striking ‘‘Superior Court’’ and all that follows and insert6 ing ‘‘Joint Committee on Judicial Administration in the

7 District of Columbia in accordance with section 11–

8 1726.’’.

9 (h) AMENDMENTS TO CHAPTER 25 OF TITLE 11,

10 D.C. CODE.—

11 (1) Section 11–2501, D.C. Code, is amended—

12 (A) by striking ‘‘District of Columbia

13 Court of Appeals’’ each place it appears and in14 serting ‘‘Supreme Court of the District of

15 Columbia’’; and

16 (B) by amending subsection (c) to read as

17 follows:

18 ‘‘(c) Members of the bar of the District of Columbia

19 Court of Appeals in good standing on the effective date

20 of title I of the District of Columbia Judicial Reorganiza21 tion Act of 1993 shall be automatically enrolled as mem22 bers of the bar of the Supreme Court of the District of

23 Columbia, and shall be subject to its disciplinary jurisdic24 tion.’’.
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1 (2) Section 11–2502, D.C. Code, is amended by

2 striking ‘‘District of Columbia Court of Appeals’’

3 and inserting ‘‘Supreme Court of the District of

4 Columbia’’.

5 (3) Section 11–2503, D.C. Code, is amended by

6 striking ‘‘District of Columbia Court of Appeals’’

7 and inserting ‘‘Supreme Court of the District of

8 Columbia’’.

9 (4) Section 11–2504, D.C. Code, is amended by

10 striking ‘‘District of Columbia Court of Appeals’’

11 and inserting ‘‘other courts of the District of Colum12 bia’’.

13 (i) AMENDMENT TO CHAPTER 26 OF TITLE 11, D.C.

14 CODE.—Section 11–2607, D.C. Code, is amended by

15 striking ‘‘Commissioner’’ and inserting ‘‘Mayor’’.

16 (j) AMENDMENT TO CHAPTER 3 OF TITLE 13, D.C.

17 CODE.—Section 13–302, D.C. Code, is amended by insert18 ing ‘‘the Supreme Court of the District of Columbia,’’

19 after ‘‘process of’’.

20 (k) AMENDMENTS TO CHAPTER 3 OF TITLE 17, D.C.

21 CODE.—

22 (1) The chapter heading for chapter 3 of title

23 17, D.C. Code, is amended by inserting ‘‘SUPREME

24 COURT OF THE DISTRICT OF COLUMBIA AND’’ be25 fore ‘‘DISTRICT’’.
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1 (2) Section 17–302, D.C. Code, is amended by

2 striking ‘‘District of Columbia Court of Appeals’’

3 each place it appears and inserting ‘‘Supreme Court

4 of the District of Columbia’’.

5 (3) Section 17–305, D.C. Code, is amended by

6 adding at the end the following new subsection:

7 ‘‘(c) The Supreme Court of the District of Columbia

8 shall apply the same standards regarding the scope of re9 view and the reversal of judgment as the District of Co10 lumbia Court of Appeals applies under subsections (a) and

11 (b).’’.

12 (4) Section 17–306, D.C. Code, is amended by

13 inserting ‘‘Supreme Court of the District of Colum14 bia or the’’ before ‘‘District’’.

15 (l) AMENDMENT TO CHAPTER 5 OF TITLE 21, D.C.

16 CODE.—The first sentence of section 21–502(e), D.C.

17 Code, is amended by striking ‘‘in accordance with’’ and

18 all that follows and inserting ‘‘by the Joint Committee on

19 Judicial Administration in the District of Columbia in ac20 cordance with section 11–1726.’’.

21 (m) AMENDMENT TO TITLE 5, UNITED STATES

22 CODE.—Section 5102(c)(4) of title 5, United States Code,

23 is amended by striking ‘‘the chief judges’’ and inserting

24 ‘‘the chief justice and the associate justices of the Su-
33

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1 preme Court of the District of Columbia and the chief

2 judges’’.

3 (n) AMENDMENTS TO TITLE 18, UNITED STATES

4 CODE.—(1) Section 3006A(k) of title 18, United States

5 Code, is amended in the second sentence by striking ‘‘the

6 Superior Court’’ and all that follows and inserting ‘‘the

7 Supreme Court of the District of Columbia, the District

8 of Columbia Court of Appeals, or the Superior Court of

9 the District of Columbia.’’.

10 (2) Section 6001(4) of title 18, United States Code,

11 is amended by inserting ‘‘the Supreme Court of the Dis12 trict of Columbia,’’ before ‘‘the District of Columbia Court

13 of Appeals,’’.

14 (o) AMENDMENTS TO TITLE 28, UNITED STATES

15 CODE.—(1) Section 1257(b) of title 28, United States

16 Code, is amended by striking ‘‘District of Columbia Court

17 of Appeals’’ and inserting ‘‘Supreme Court of the District

18 of Columbia’’.

19 (2) Section 2113 of title 28, United States Code, is

20 amended by striking ‘‘District of Columbia Court of Ap21 peals’’ and inserting ‘‘Supreme Court of the District of

22 Columbia’’.
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1 SEC. 104. EFFECTIVE DATE.

2 Except as provided in section 102, this title and the

3 amendments made by this title shall take effect 6 months

4 after the date of enactment of this Act.

5 TITLE II—JUDGES OF THE DIS6 TRICT OF COLUMBIA COURTS

7 SEC. 201. DESIGNATION OF CHIEF JUDGE.

8 (a) IN GENERAL.—Section 11–1503(a), D.C. Code,

9 is amended to read as follows:

10 ‘‘(a)(1) Except as provided in paragraph (2), the

11 chief justice or chief judge of a District of Columbia court

12 shall be designated by the District of Columbia Judicial

13 Nomination Commission from among the judges of the

14 court in regular active service. A chief judge shall serve

15 for a term of 4 years or until a successor is designated,

16 and shall be eligible for redesignation. A judge may relin17 quish the position of chief judge, after giving notice to the

18 District of Columbia Judicial Nomination Commission.

19 ‘‘(2) Notwithstanding the first sentence of paragraph

20 (1), the first chief justice of the Supreme Court of the

21 District of Columbia shall be appointed in accordance with

22 section 102(a) of the District of Columbia Judicial Reor23 ganization Act of 1993.’’.

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

25 subsection (a) shall take effect on the date of the enact26 ment of this Act.
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1 SEC. 202. COMPOSITION OF SUPERIOR COURT OF THE DIS2 TRICT OF COLUMBIA.

3 Section 11–903, D.C. Code, is amended—

4 (1) effective October 1, 1993, by striking ‘‘fifty5 eight’’ and inserting ‘‘sixty’’; and

6 (2) effective October 1, 1994, by striking

7 ‘‘sixty’’ and inserting ‘‘sixty-two’’.

8 SEC. 203. TREATMENT OF HEARING COMMISSIONERS AS

9 JUDICIAL MAGISTRATES.

10 (a) IN GENERAL.—

11 (1) REDESIGNATION OF TITLE.—Section 11–

12 1732, D.C. Code, is amended—

13 (A) by striking ‘‘hearing commissioners’’

14 each place it appears in subsection (a), sub15 section (b), subsection (d), subsection (i), sub16 section (l), and subsection (n) and inserting

17 ‘‘judicial magistrates’’;

18 (B) by striking ‘‘hearing commissioner’’

19 each place it appears in subsection (b), sub20 section (c), subsection (e), subsection (f), sub21 section (g), subsection (h), and subsection (j)

22 and inserting ‘‘judicial magistrate’’;

23 (C) by striking ‘‘hearing commissioner’s’’

24 each place it appears in subsection (e) and sub25 section (k) and inserting ‘‘judicial mag26 istrate’s’’;
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1 (D) by striking ‘‘Hearing commissioners’’

2 each place it appears in subsections (b), (d),

3 and (i) and inserting ‘‘Judicial magistrates’’;

4 and

5 (E) in the heading, by striking ‘‘Hearing

6 commissioners’’ and inserting ‘‘Judicial

7 magistrates’’.

8 (2) CONFORMING AMENDMENTS.—(A) Section

9 11–1732(c)(3), D.C. Code, is amended by striking ‘‘,

10 except that’’ and all that follows and inserting a

11 period.

12 (B) Section 16–924, D.C. Code, is amended—

13 (i) by striking ‘‘hearing commissioner’’

14 each place it appears and inserting ‘‘judicial

15 magistrate’’; and

16 (ii) in subsection (f), by striking ‘‘hearing

17 commissioner’s’’ and inserting ‘‘judicial mag18 istrate’s’’.

19 (C) Section 16–2308, D.C. Code, is amended by

20 striking ‘‘judge’’ each place it appears and inserting

21 ‘‘judicial officer’’.

22 (D) Section 16–2312, D.C. Code, is amended—

23 (i) by striking ‘‘judge’’ each place it ap24 pears in subsections (c), (d), (e), (f), and (j)

25 and inserting ‘‘judicial officer’’;
37

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1 (ii) in subsection (c), by striking ‘‘He’’

2 each place it appears and inserting ‘‘The judi3 cial officer’’;

4 (iii) in subsection (d)(1), by striking ‘‘his

5 reasons’’ and inserting ‘‘the reasons’’ and by

6 striking ‘‘he finds’’ each place it appears and

7 inserting ‘‘the judicial officer finds’’;

8 (iv) in subsection (d)(2)(A), by striking

9 ‘‘supervise him’’ and inserting ‘‘supervise the

10 child’’;

11 (v) in subsection (d)(2)(C), by striking

12 ‘‘his protection’’ and inserting ‘‘the child’s pro13 tection’’;

14 (vi) in subsection (e), by striking ‘‘he

15 shall’’ and inserting ‘‘the judicial officer shall’’;

16 (vii) in subsection (f), by striking ‘‘his rea17 sons’’ and inserting ‘‘the reasons’’, and by

18 striking ‘‘he shall’’ each place it appears and in19 serting ‘‘the judicial officer shall’’;

20 (viii) by striking ‘‘his detention’’ each place

21 it appears in subsections (h) and (i) and insert22 ing ‘‘the child’s detention’’; and

23 (ix) in subsection (j), by striking ‘‘his par24 ent’’ and inserting ‘‘the child’s parent’’.
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1 (3) CLERICAL AMENDMENT.—The item relating

2 to section 11–1732 of the table of sections of chap3 ter 17 of title 11, D.C. Code, is amended to read as

4 follows:

‘‘11–1732. Judicial magistrates.’’.

5 (4) TRANSITION PROVISION REGARDING HEAR6 ING COMMISSIONERS.—Any individual serving as a

7 hearing commissioner under section 11–1732 of the

8 District of Columbia Code as of the date of the en9 actment of this Act shall serve the remainder of

10 such individual’s term as a judicial magistrate, and

11 may be reappointed as a judicial magistrate in ac12 cordance with section 11–1732(d), D.C. Code, except

13 that any individual serving as a hearing commis14 sioner as of the date of the enactment of this Act

15 who was appointed as a hearing commissioner prior

16 to the effective date of section 11–1732 of the Dis17 trict of Columbia Code shall not be required to be

18 a resident of the District of Columbia to be eligible

19 to be reappointed.

20 (b) EXPANSION OF DUTIES.—Section 11–1732(j),

21 D.C. Code, is amended—

22 (1) in paragraph (4)(A)—

23 (A) by inserting after ‘‘involving’’ the fol24 lowing: ‘‘the establishment of paternity or’’, and
39

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1 (B) by striking ‘‘guidelines established by

2 rule of the Superior Court’’ and inserting ‘‘child

3 support guidelines established by the Council of

4 the District of Columbia’’;

5 (2) in paragraph (5), by striking ‘‘and Family’’

6 and inserting ‘‘Family, Probate, and Tax’’;

7 (3) by redesignating paragraph (5) as para8 graph (7); and

9 (4) by inserting after paragraph (4) the follow10 ing new paragraphs:

11 ‘‘(5) Conduct detention, neglect, and shelter

12 care proceedings in which a child is alleged to be de13 linquent, neglected, or in need of supervision.

14 ‘‘(6) Conduct proceedings and issue orders in

15 uncontested probate and fiduciary matters brought

16 under title 20 of the District of Columbia Code.’’.

17 (c) ADDITIONAL CONFORMING AMENDMENTS.—(1)

18 Section 11–1732(d), D.C. Code, as amended by subsection

19 (a)(1), is further amended—

20 (A) by striking the period at the end of the first

21 sentence and inserting ‘‘, in accordance with stand22 ards and procedures established by the Superior

23 Court.’’; and

24 (B) by striking the second sentence.
40

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1 (2) Section 11–1732(m), D.C. Code, is amended to

2 read as follows:

3 ‘‘(m) The Chief Judge of the Superior Court shall,

4 from time to time, conduct such studies on the utilization

5 of judicial magistrates as the Board of Judges shall deem

6 expedient, taking into account the suggestions of the Dis7 trict of Columbia Bar and other interested parties.’’.

8 (3) Section 11–1732, D.C. Code, is amended by add9 ing at the end the following new subsection:

10 ‘‘(p) The Joint Committee on Judicial Administration

11 in the District of Columbia shall determine the rate of

12 compensation for judicial magistrates in accordance with

13 section 11–1726.’’.

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

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

16 of this Act.

17 SEC. 204. STUDY OF FEASIBILITY OF ESTABLISHING DIS18 TRICT OF COLUMBIA NIGHT COURT.

19 (a) STUDY.—The Executive Officer of the District of

20 Columbia courts shall conduct a study of the feasibility

21 and desirability of establishing a District of Columbia

22 Night Court as a division of the Superior Court of the

23 District of Columbia.

24 (b) REPORT.—Not later than 120 days after the date

25 of the enactment of this Act, the Executive Officer shall
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1 submit a report on the study conducted under subsection

2 (a) to the Joint Committee on Judicial Administration in

3 the District of Columbia, which shall forward the study

4 together with any comments and recommendations to Con5 gress not later than 180 days after the date of the enact6 ment of this Act.

Æ

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