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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1718 Introduced in Senate (IS)]

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.

    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 ``District of Columbia Judicial 
Reorganization Act of 1993''.

           TITLE I--SUPREME COURT OF THE DISTRICT OF COLUMBIA

SEC. 101. ESTABLISHMENT OF SUPREME COURT OF THE DISTRICT OF COLUMBIA.

    Title 11 of the District of Columbia Code is amended by adding 
after chapter 5 the following new chapter 6:

         ``CHAPTER 6. SUPREME COURT OF THE DISTRICT 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.

             ``SUBCHAPTER I. ESTABLISHMENT AND ORGANIZATION

``Sec. 11-601. Establishment; court of record; seal
    ``(a) The Supreme Court of the District of Columbia (hereafter in 
this chapter referred to as `the court') is hereby established as a 
court of record in the District of Columbia.
    ``(b) The court shall have a seal.
``Sec. 11-602. Composition
    ``The court shall consist of a chief justice and 6 associate 
justices.
``Sec. 11-603. Justices; service; compensation
    ``(a) The chief justice and the justices of the court shall serve 
in accordance with chapter 15 of this title.
    ``(b) Justices of the court shall be compensated at the rate 
prescribed by law for judges of the United States Court of Appeals. The 
chief justice shall receive $500 per year in addition to the salary of 
other justices of the court.
``Sec. 11-604. Oath of justices
    ``Each justice, when appointed, shall take the oath prescribed for 
judges of courts of the United States.
``Sec. 11-605. Term; hearings; quorum
    ``(a) The court shall sit in one term each year for such period as 
it may determine.
    ``(b) The court shall sit in banc to hear and determine cases and 
controversies, except that the court may sit in divisions of 3 justices 
to hear and determine cases and controversies certified for review 
under section 11-621 if the court determines that subsection (b)(2) of 
such section is the exclusive basis for such certification. The court 
in banc for a hearing shall consist of the justices of the court in 
regular active service.
    ``(c) A majority of the justices serving shall constitute a quorum.
    ``(d) A rehearing before the court may be ordered by a majority of 
the justices of the court in regular active service. The court in banc 
for a rehearing shall consist of the justices of the court in regular 
active service.
``Sec. 11-606. Absence, disability, or disqualification of justices; 
              vacancies
    ``(a) When the chief justice of the court is absent or disabled, 
the duties of the chief justice shall devolve upon and be performed by 
such associate justice as the chief justice may designate in writing. 
In the event that the chief justice is (1) disqualified or suspended, 
or (2) unable or fails to make such a designation, such duties shall 
devolve upon and be performed by the associate justices of the court 
according to the seniority of their original commissions.
    ``(b) A chief justice whose term as chief justice has expired shall 
continue to serve until redesignated or until a successor has been 
designated. When there is a vacancy in the position of chief justice 
the position shall be filled temporarily as provided in the second 
sentence of subsection (a).
``Sec. 11-607. Assignment of justices and judges to and from other 
              courts of the District of Columbia
    ``(a) Upon presentation of a certificate of necessity by the chief 
judge of the District of Columbia Court of Appeals, the chief justice 
of the Supreme Court of the District of Columbia may designate and 
assign temporarily one or more justices of the Supreme Court of the 
District of Columbia or one or more judges of the Superior Court of the 
District of Columbia to serve on the District of Columbia Court of 
Appeals or a division thereof whenever the business of the District of 
Columbia Court of Appeals so requires. Such designations or assignments 
shall be in conformity with the rules or orders of the District of 
Columbia Court of Appeals.
    ``(b) Upon presentation of a certificate of necessity by the chief 
judge of the Superior Court of the District of Columbia, the chief 
justice of the Supreme Court of the District of Columbia may designate 
and assign temporarily one or more justices of the Supreme Court of the 
District of Columbia or one or more judges of the District of Columbia 
Court of Appeals to serve as a judge of the Superior Court of the 
District of Columbia.
``Sec. 11-608. Clerks and secretaries for justices
    ``Each justice may appoint and remove a personal secretary. The 
chief justice may appoint and remove not more than three personal law 
clerks, and each associate justice may appoint and remove not more than 
two personal law clerks. In addition, the chief justice may appoint and 
remove law clerks for the court and law clerks and secretaries for the 
senior justices. The law clerks appointed for the court shall serve as 
directed by the chief justice.
``Sec. 11-609. Reports
    ``Each justice shall submit to the chief justice such reports and 
data as the chief justice may request.

                     ``SUBCHAPTER II. JURISDICTION

``Sec. 11-621. Certification to the Supreme Court of the District of 
              Columbia
    ``(a) In any case or class of cases in which an appeal has been 
taken to or filed with the District of Columbia Court of Appeals, the 
Supreme Court of the District of Columbia, by order of the Supreme 
Court sua sponte, or, in its discretion, on motion of the District of 
Columbia Court of Appeals or of any party, may certify the case or 
class of cases for review by the Supreme Court before it has been 
determined by the District of Columbia Court of Appeals. The effect of 
such certification shall be to transfer jurisdiction over the case or 
class of cases to the Supreme Court of the District of Columbia for all 
purposes.
    ``(b) Such certification may be made only if not less than 3 of the 
justices of the Supreme Court of the District of Columbia determine 
that--
            ``(1) the case or class of cases involves a question that 
        is novel or difficult or is of importance in the general public 
        interest or the administration of justice; or
            ``(2) the case or class of cases was pending in the 
        District of Columbia Court of Appeals on the effective date of 
        this section and, because the justices of the Supreme Court of 
        the District of Columbia were familiar with the case or class 
        of cases while serving as judges of the District of Columbia 
        Court of Appeals, the sound and efficient administration of 
        justice dictates that the case or class of cases be certified 
        for review by the Supreme Court of the District of Columbia.
``Sec. 11-622. Review by the Supreme Court of the District of Columbia
    ``(a) Any party aggrieved by a final decision of the District of 
Columbia Court of Appeals may petition the Supreme Court of the 
District of Columbia for an appeal. Such a petition may be granted and 
appeal be heard by the Supreme Court of the District of Columbia only 
upon the affirmative vote of not less than 3 of the justices that the 
matter involves a question that is novel or difficult, is the subject 
of conflicting authorities within the jurisdiction, or is of importance 
in the general public interest or the administration of justice. The 
granting of such petitions for appeal shall be in the discretion of the 
Supreme Court of the District of Columbia. The Supreme Court of the 
District of Columbia shall not be required to state reasons for denial 
of petitions for appeal.
    ``(b) On hearing an appeal in any case or controversy, the Supreme 
Court of the District of Columbia shall give judgment after an 
examination of the record without regard to errors or defects which do 
not affect the substantial rights of the parties.
``Sec. 11-623. Certification of questions of law
    ``(a) The Supreme Court of the District of Columbia may answer a 
question of law of the District of Columbia certified to it by the 
Supreme Court of the United States, a Court of Appeals of the United 
States, or the highest appellate court of any State, if--
            ``(1) such question of law may be determinative of the case 
        pending in such a court; and
            ``(2) there is no controlling precedent regarding such 
        question of law in the decisions of the District of Columbia 
        Court of Appeals or the Supreme Court of the District of 
        Columbia.
    ``(b) This section may be invoked by an order of any of the courts 
referred to in subsection (a) upon such court's motion or upon the 
motion of any party to the case.
    ``(c) A certification order under this section shall--
            ``(1) describe the question of law to be answered;
            ``(2) contain a statement of all facts relevant to the 
        question certified and the nature of the controversy in which 
        the questions arose; and
            ``(3) upon the request of the Supreme Court of the District 
        of Columbia contain the original or copies of the record of the 
        case in question or of any portion of such record as the 
        Supreme Court of the District of Columbia considers necessary 
        to determine the questions of law which are the subject of the 
        motion.
    ``(d) Fees and costs shall be the same as in appeals docketed 
before the Supreme Court of the District of Columbia and shall be 
equally divided between the parties unless precluded by statute or by 
order of the certifying court.
    ``(e) The written opinion of the Supreme Court of the District of 
Columbia stating the law governing any questions certified under 
subsection (a) shall be sent by the clerk to the certifying court and 
to the parties.
    ``(f) The Supreme Court of the District of Columbia, on its own 
motion, the motion of the District of Columbia Court of Appeals, or the 
motion of any party to a case pending in the Supreme Court of the 
District of Columbia or the District of Columbia Court of Appeals, may 
order certification of a question of law of another State to the 
highest court of such State if, in the view of the Supreme Court of the 
District of Columbia--
            ``(1) such question of law may be determinative of the case 
        pending in the Supreme Court of the District of Columbia or the 
        District of Columbia Court of Appeals; and
            ``(2) there is no controlling precedent regarding such 
        question of law in the decisions of the appellate courts of the 
        State to which the order of certification is directed.
    ``(g) The Supreme Court of the District of Columbia may prescribe 
the rules of procedure concerning the answering and certification of 
questions of law under this section.

               ``SUBCHAPTER III. MISCELLANEOUS PROVISIONS

``Sec. 11-641. Contempt powers
    ``In addition to the powers conferred by section 402 of title 18, 
United States Code, the Supreme Court of the District of Columbia, or a 
justice thereof, may punish for disobedience of an order or for 
contempt committed in the presence of the court.
``Sec. 11-642. Oaths, affirmations, and acknowledgments
    ``Each justice of the Supreme Court of the District of Columbia and 
each employee of the court authorized by the chief justice may 
administer oaths and affirmations and take acknowledgments.
``Sec. 11-643. Rules of court
    ``The Supreme Court of the District of Columbia shall conduct its 
business in accordance with such rules and procedures as the court 
shall adopt.
``Sec. 11-644. Judicial conference
    ``The chief justice of the Supreme Court of the District of 
Columbia shall summon annually the justices and active judges of the 
District of Columbia courts to a conference at a time and place that 
the chief justice designates, for the purpose of advising as to means 
of improving the administration of justice within the District of 
Columbia. The chief justice shall preside at such conference which 
shall be known as the Judicial Conference of the District of Columbia. 
Each justice and judge summoned, unless excused by the chief justice of 
the Supreme Court of the District of Columbia, shall attend throughout 
the conference. The Supreme Court of the District of Columbia shall 
provide by its rules for representation of and active participation by 
members of the unified District of Columbia Bar and other persons 
active in the legal profession at such conference.''.

SEC. 102. TRANSITION PROVISIONS.

    (a) Elevation of Judges of the District of Columbia Court of 
Appeals as Justices of the Supreme Court of the District of Columbia.--
            (1) Except as provided in paragraph (2), beginning on the 
        effective date of this title the chief judge of the District of 
        Columbia Court of Appeals shall serve the remainder of the term 
        to which he or she was appointed as the chief justice of the 
        Supreme Court of the District of Columbia and the associate 
        judges of the District of Columbia Court of Appeals shall serve 
        the remainder of the respective terms to which they were 
        appointed as associate justices of the Supreme Court of the 
        District of Columbia. The Supreme Court of the District of 
        Columbia shall conform to the numerical requirements of section 
        11-602 of the D.C. Code through attrition. Vacancies in the 
        offices of chief judge and associate judge of the District of 
        Columbia Court of Appeals shall be filled in accordance with 
        chapter 15 of title 11 of the D.C. Code.
            (2) Any judge of the District of Columbia Court of Appeals 
        may serve the remainder of the term to which he or she was 
        appointed as a judge of that court by providing written notice 
        to the chief judge of the District of Columbia Court of Appeals 
        not less than 30 days after the date of the enactment of this 
        Act.
    (b) Transition Period for the Supreme Court of the District of 
Columbia.--
            (1) A committee consisting of the chief judge of the 
        District of Columbia Court of Appeals together with 2 other 
        judges of such court and the chief judge of the Superior Court 
        of the District of Columbia together with 2 other judges of 
        such court shall be responsible for the administration of the 
        period of transition prior to the establishment of the Supreme 
        Court of the District of Columbia, including the hiring of 
        necessary staff, the preparation of facilities, and the 
        purchase of necessary equipment and supplies.
            (2) Not more than 120 days after the date of the enactment 
        of this Act, the committee referred to in paragraph (1) shall 
        submit to the Committee on Governmental Affairs of the Senate 
        and the Committee on the District of Columbia of the House of 
        Representatives a transition report, consistent with this Act, 
        regarding the establishment of the Supreme Court of the 
        District of Columbia and the filling of vacancies on the 
        District of Columbia Court of Appeals resulting from the 
        elevation of the judges of such Court to positions on the 
        Supreme Court of the District of Columbia pursuant to 
        subsection (a).
            (3) This subsection shall take effect on the date of the 
        enactment of this Act.

SEC. 103. CONFORMING AND OTHER AMENDMENTS.

    (a) Amendments to the Home Rule Act.--
            (1) Section 431(a) of the District of Columbia Self-
        Government and Governmental Reorganization Act is amended--
                    (A) in the first sentence by inserting ``Supreme 
                Court of the District of Columbia,'' after ``vested in 
                the''; and
                    (B) by adding after the fourth sentence the 
                following: ``The Supreme Court of the District of 
                Columbia has jurisdiction of appeals from the District 
                of Columbia Court of Appeals and of cases certified to 
                the Supreme Court under section 11-621(a), District of 
                Columbia Code.''.
            (2) Section 431 of such Act is further amended--
                    (A) in subsection (b)--
                            (i) by inserting ``chief justice or'' 
                        before ``chief judge'' each place it appears,
                            (ii) by striking ``term as a judge'' and 
                        inserting ``term as a justice or judge'', and
                            (iii) by inserting ``chief justice's or'' 
                        before ``chief judge's'' each place it appears;
                    (B) in subsections (b) and (g), by inserting 
                ``justices or'' before ``judges'' each place it 
                appears; and
                    (C) in subsections (c) and (g), by inserting 
                ``justice or'' before ``judge'' each place it appears.
            (3) Section 432 of such Act is amended--
                    (A) by inserting ``justice or'' before ``judge'' 
                each place it appears;
                    (B) by striking ``District of Columbia Court of 
                Appeals'' each place it appears and inserting ``Supreme 
                Court of the District of Columbia''; and
                    (C) in subsection (a)(1) by striking ``law or which 
                would be a felony in the District'' and inserting ``law 
                or the laws of the District of Columbia''.
            (4) Section 433 of such Act is amended--
                    (A) in the heading by inserting ``justices and'' 
                before ``judges'';
                    (B) by inserting ``justices and'' before ``judges'' 
                each place it appears; and
                    (C) by inserting ``justice or'' before ``judge'' 
                each place it appears.
            (5) Section 434 of such Act is amended in subsections 
        (b)(3) and (d)--
                    (A) by inserting ``justice or'' before ``judge'' 
                each place it appears;
                    (B) by inserting ``justices or'' before ``judges'' 
                each place it appears; and
                    (C) by inserting ``justice's or'' before 
                ``judge's'' each place it appears.
    (b) Amendments to Chapter 1 of Title 11, D.C. Code.--
            (1) Section 11-101(2), D.C. Code, is amended by 
        redesignating subparagraphs (A) and (B) as subparagraphs (B) 
        and (C), respectively, and by adding before subparagraph (B) 
        (as so redesignated) the following:
            ``(A) The Supreme Court of the District of Columbia.''.
            (2) Section 11-102, D.C. Code, is amended to read as 
        follows:
``Sec. 11-102. Status of Supreme Court of the District of Columbia
    ``The highest court of the District of Columbia is the Supreme 
Court of the District of Columbia. Final judgments, orders, and decrees 
of the Supreme Court of the District of Columbia and of the District of 
Columbia Court of Appeals where review is denied by the Supreme Court 
of the District of Columbia are reviewable by the Supreme Court of the 
United States in accordance with section 1257 of title 28, United 
States Code.''.
            (3) The item relating to section 11-102 of the table of 
        contents of chapter 1 of title 11, D.C. Code, is amended to 
        read as follows:

``11-102. Status of Supreme Court of the District of Columbia.''.
    (c) Amendments to Chapter 7 of Title 11, D.C. Code.--
            (1) Chapter 7 of title 11, D.C. Code, is amended by 
        striking sections 11-707, 11-723, and 11-744 and by striking 
        the items relating to such sections in the table of contents of 
        such chapter.
            (2) Section 11-703(b), D.C. Code, is amended by striking 
        ``the rate prescribed by law for judges of the United States 
        courts of appeals.'' and inserting the following: ``a rate 
        equal to the average of the compensation provided for judges of 
        the Supreme Court of the District of Columbia under section 11-
        603 and the compensation provided for judges of the Superior 
        Court of the District of Columbia under section 11-904(b).''.
            (3) Section 11-708, D.C. Code, is amended by striking ``not 
        more than three law clerks for the court.'' and inserting ``law 
        clerks for the court and law clerks and secretaries for the 
        senior judges.''.
            (4) Section 11-722, D.C. Code, is amended by striking 
        ``Commissioner'' and inserting ``Mayor''.
            (5) Section 11-743, D.C. Code, is amended by striking 
        ``according to'' and all that follows and inserting ``in 
        accordance with such rules and procedures as it may adopt.''.
    (d) Amendments to Chapter 9 of Title 11, D.C. Code.--
            (1) Section 11-908(b), D.C. Code, is amended to read as 
        follows:
    ``(b) When the business of the Superior Court requires, the chief 
judge may certify to the chief justice of the Supreme Court of the 
District of Columbia the need for an additional judge or judges as 
provided in section 11-607 and 11-707.''.
            (2) Section 11-910, D.C. Code, is amended by adding at the 
        end the following new sentence: ``In addition, the chief judge 
        may appoint and remove law clerks for the court, who shall 
        serve as directed by the chief judge.''.
            (3) Section 11-946, D.C. Code, is amended by striking 
        ``District of Columbia Court of Appeals'' each place it appears 
        in the second and third sentences and inserting ``Supreme Court 
        of the District of Columbia''.
    (e) Amendments to Chapter 15 of Title 11, D.C. Code.--
            (1) Section 11-1501, D.C. Code, is amended to read as 
        follows:
``Sec. 11-1501. Appointment and qualifications of judges
    ``(a) Except as provided in section 434(d)(1) of the District of 
Columbia Self-Government and Governmental Reorganization Act, the 
President shall nominate, from the list of persons recommended by the 
District of Columbia Judicial Nomination Commission established under 
section 434 of such Act, and, by and with the advice and consent of the 
Senate, appoint all justices and judges of the District of Columbia 
courts.
    ``(b) No person may be nominated or appointed a justice or judge of 
a District of Columbia court unless that person--
            ``(1) is a citizen of the United States;
            ``(2) is an active member of the unified District of 
        Columbia Bar and has been engaged in the active practice of law 
        in the District for the five years immediately preceding 
        nomination or for such five years has served as a judge of the 
        United States or the District of Columbia, has been on the 
        faculty of a law school in the District, or has been employed 
        as a lawyer by the United States or the District of Columbia 
        government;
            ``(3) is a bona fide resident of the District of Columbia 
        and has maintained an actual place of abode in the District for 
        at least 90 days immediately prior to nomination, and shall 
        retain such residency as long as he or she serves as such 
        judge, except judges appointed prior to December 23, 1973, who 
        retain residency in Montgomery or Prince Georges Counties in 
        Maryland, Arlington or Fairfax Counties (or any cities within 
        the outer boundaries thereof) or the city of Alexandria in 
        Virginia shall not be required to be residents of the District 
        to be eligible for reappointment or to serve any term to which 
        reappointed;
            ``(4) is recommended to the President, for such nomination 
        and appointment, by the District of Columbia Judicial 
        Nomination Commission; and
            ``(5) has not served, within a period of 2 years prior to 
        nomination, as a member of the District of Columbia Commission 
        on Judicial Disabilities and Tenure or of the District of 
        Columbia Judicial Nomination Commission.''.
            (2) Section 11-1504(a)(1), D.C. Code, is amended by 
        striking the period at the end of the first sentence and 
        inserting the following: ``, except that a retired judge may 
        not serve or perform judicial duties on the Supreme Court of 
        the District of Columbia.''.
            (3) Section 11-1505(a), D.C. Code, is amended in the second 
        sentence by striking ``District'' and all that follows and 
        inserting ``court of the District of Columbia on which the 
        judge serves.''.
            (4) Subchapter I of chapter 15 of title 11, D.C. Code, is 
        amended by adding at the end the following new section:
``Sec. 11-1506. Definitions
    ``For purposes of this chapter--
            ``(1) the term `judge' means any justice of the Supreme 
        Court of the District of Columbia, or any judge of the District 
        of Columbia Court of Appeals or the Superior Court; and
            ``(2) the term `chief judge' means the chief justice of the 
        Supreme Court of the District of Columbia, or the chief judges 
        of the District of Columbia Court of Appeals or the Superior 
        Court, as appropriate.''.
            (5) Section 11-1526, D.C. Code, is amended by striking 
        ``District of Columbia Court of Appeals'' each place it appears 
        and inserting ``Supreme Court of the District of Columbia''.
            (6) Section 11-1528, D.C. Code, is amended in subsection 
        (a)(2)(C) by inserting ``the Supreme Court of the District of 
        Columbia or'' after ``elevation to''.
            (7) Section 11-1529, D.C. Code, is amended by striking 
        ``District of Columbia Court of Appeals'' and inserting 
        ``Supreme Court of the District of Columbia''.
            (8) Section 11-1561, D.C. Code, is amended--
                    (A) in paragraph (1), by inserting ``any justice of 
                the Supreme Court of the District of Columbia,'' before 
                ``any judge''; and
                    (B) in paragraph (2), by inserting ``a justice in 
                the Supreme Court of the District of Columbia,'' before 
                ``a judge''.
            (9) The table of sections for subchapter I of chapter 15 of 
        title 11, D.C. Code, is amended by adding at the end the 
        following:

``11-1506. Definitions.''.
    (f) Amendments to Chapter 17 of Title 11, D.C. Code.--
            (1) Section 11-1701, D.C. Code, is amended--
                    (A) by amending subsection (a) to read as follows:
    ``(a) There shall be a Joint Committee on Judicial Administration 
in the District of Columbia (hereafter in this chapter referred to as 
the `Joint Committee') consisting (during the first 3 fiscal years that 
begin after the date of the enactment of the District of Columbia 
Judicial Reorganization Act of 1993) of the chief justice of the 
Supreme Court of the District of Columbia (who shall serve as 
chairperson) and two other justices of such court, the chief judge of 
the District of Columbia Court of Appeals, and the chief judge of the 
Superior Court of the District of Columbia and two additional judges of 
such court.'';
                    (B) in subsection (b)--
                            (i) by amending paragraph (4) to read as 
                        follows:
            ``(4) Preparation and publication of an annual report of 
        the District of Columbia court system regarding the work of the 
        courts, the performance of the duties enumerated in this 
        chapter, and any recommendations relating to the courts.'', and
                            (ii) by striking paragraphs (6) and (9) and 
                        redesignating paragraphs (7) and (8) as 
                        paragraphs (6) and (7); and
                    (C) in subsection (c)--
                            (i) by amending paragraph (2) to read as 
                        follows:
            ``(2) formulate and enforce standards for outside 
        activities of and receipt of compensation by the judges of the 
        District of Columbia court system;'',
                            (ii) in paragraph (3), by striking ``, and 
                        institute such changes'' and all that follows 
                        through ``justice'',
                            (iii) by striking ``and'' at the end of 
                        paragraph (3),
                            (iv) by striking the period at the end of 
                        paragraph (4) and inserting a semicolon, and
                            (v) by adding at the end the following new 
                        paragraphs:
            ``(5) submit the annual budget requests of the Supreme 
        Court of the District of Columbia, the District of Columbia 
        Court of Appeals, and the Superior Court to the Mayor of the 
        District of Columbia as part of the integrated budget of the 
        District of Columbia court system, except that any such request 
        may be modified upon the concurrence of 5 of the 7 members of 
        the Joint Committee; and
            ``(6) with the concurrence of the chief justice of the 
        Supreme Court of the District of Columbia and the respective 
        chief judges of the other District of Columbia courts, prepare 
        and implement other policies and practices for the District of 
        Columbia court system and resolve other matters which may be of 
        joint and mutual concern of the Supreme Court of the District 
        of Columbia, the District of Columbia Court of Appeals, and the 
        Superior Court.''.
            (2) Section 11-1702, D.C. Code, is amended--
                    (A) in the heading, by inserting ``the chief 
                justice and the'' after ``of'';
                    (B) by redesignating subsections (a) and (b) as 
                subsections (b) and (c); and
                    (C) by inserting before subsection (b) the 
                following new subsection:
    ``(a) The chief justice of the Supreme Court of the District of 
Columbia, in addition to the authority conferred by chapter 6 of this 
title, shall supervise the internal administration of that court--
            ``(1) including all administrative matters other than those 
        within the responsibility enumerated in section 11-1701(b), and
            ``(2) including the implementation in that court of the 
        matters enumerated in section 11-1701(b),
consistent with the general policies and directives of the Joint 
Committee.''.
            (3) Section 11-1703(a), D.C. Code, is amended--
                    (A) by striking ``He'' each place it appears and 
                inserting ``The Executive Officer''; and
                    (B) in the fourth sentence, by striking ``judges'' 
                and inserting ``judge of the District of Columbia Court 
                of Appeals and the chief judge of the Superior Court of 
                the District of Columbia''.
            (4) Section 11-1721, D.C. Code, is amended by amending the 
        matter following the heading to read as follows:
    ``(a) The Supreme Court of the District of Columbia shall have a 
clerk appointed by the chief justice of that court who shall, under the 
direction of the chief justice, be responsible for the daily operations 
of that court and serve as the clerk of the District of Columbia Court 
of Appeals.
    ``(b) The Superior Court of the District of Columbia shall have a 
clerk appointed by the chief judge of that court who shall, under the 
direction of the chief judge, be responsible for the daily operations 
of that court.
    ``(c) Each such clerk appointed under this section shall receive a 
level of compensation, including retirement benefits, determined by the 
Joint Committee on Judicial Administration, except that such level may 
not exceed the level of compensation provided for the Executive 
Officer.''.
            (5) Section 11-1726, D.C. Code, is amended--
                    (A) in the first sentence, by striking ``Executive 
                Officer'' and all that follows and inserting ``Joint 
                Committee (upon the recommendation of the Executive 
                Officer) shall fix the rates of compensation of such 
                employees.''; and
                    (B) in the second sentence, by striking ``Executive 
                Officer'' and inserting ``Joint Committee''.
            (6) Section 11-1730(a), D.C. Code, is amended--
                    (A) by striking ``Judges'' and inserting ``Justices 
                and judges'';
                    (B) by inserting ``11-609,'' after ``sections''; 
                and
                    (C) by inserting ``chief justice or'' after 
                ``respective''.
            (7) Section 11-1731, D.C. Code, is amended--
                    (A) by striking ``or the chief judge'' and 
                inserting ``, the chief justice, or the chief judges'';
                    (B) in paragraph (7), by striking ``the District of 
                Columbia Bail Agency'' and inserting ``the District of 
                Columbia Pre-trial Services Agency'';
                    (C) by inserting ``and'' at the end of paragraph 
                (9); and
                    (D) by striking paragraphs (10) and (11) and 
                inserting the following:
            ``(10) the Department of Human Services.''.
            (8) Section 11-1741, D.C. Code, is amended--
                    (A) by amending the matter preceding paragraph (1) 
                to read as follows: ``Within the District of Columbia 
                courts, and subject to the supervision of the chief 
                justice of the Supreme Court of the District of 
                Columbia (acting in consultation with the chief judge 
                of the District of Columbia Court of Appeals and the 
                chief judge of the Superior Court of the District of 
                Columbia), the Executive Officer shall--'';
                    (B) by inserting ``chief justice or'' before 
                ``chief'' each place it appears in paragraphs (5), (7), 
                and (9);
                    (C) by striking ``and'' at the end of paragraph 
                (8);
                    (D) by striking the period at the end of paragraph 
                (9) and inserting ``; and''; and
                    (E) by adding at the end the following:
            ``(10) be responsible for the allocation, negotiation for, 
        and provision of space in the courts.''.
            (9) Section 11-1745(b)(2), D.C. Code, is amended by 
        striking ``Commissioner'' and inserting ``Mayor''.
            (10) Section 11-1747, D.C. Code, is amended by striking 
        ``him'' and inserting ``the Executive Officer''.
            (11) The table of sections for subchapter I of chapter 17 
        of title 11, D.C. Code, is amended by amending the item 
        relating to section 11-1702 to read as follows:

``11-1702. Responsibilities of the chief justice and the chief judges 
                            in the respective courts.''.
    (g) Amendment to Chapter 21 of Title 11, D.C. Code.--Section 11-
2102(c), D.C. Code, is amended by striking ``Superior Court'' and all 
that follows and inserting ``Joint Committee on Judicial Administration 
in the District of Columbia in accordance with section 11-1726.''.
    (h) Amendments to Chapter 25 of Title 11, D.C. Code.--
            (1) Section 11-2501, D.C. Code, is amended--
                    (A) by striking ``District of Columbia Court of 
                Appeals'' each place it appears and inserting ``Supreme 
                Court of the District of Columbia''; and
                    (B) by amending subsection (c) to read as follows:
    ``(c) Members of the bar of the District of Columbia Court of 
Appeals in good standing on the effective date of title I of the 
District of Columbia Judicial Reorganization Act of 1993 shall be 
automatically enrolled as members of the bar of the Supreme Court of 
the District of Columbia, and shall be subject to its disciplinary 
jurisdiction.''.
            (2) Section 11-2502, D.C. Code, is amended by striking 
        ``District of Columbia Court of Appeals'' and inserting 
        ``Supreme Court of the District of Columbia''.
            (3) Section 11-2503, D.C. Code, is amended by striking 
        ``District of Columbia Court of Appeals'' and inserting 
        ``Supreme Court of the District of Columbia''.
            (4) Section 11-2504, D.C. Code, is amended by striking 
        ``District of Columbia Court of Appeals'' and inserting ``other 
        courts of the District of Columbia''.
    (i) Amendment to Chapter 26 of Title 11, D.C. Code.--Section 11-
2607, D.C. Code, is amended by striking ``Commissioner'' and inserting 
``Mayor''.
    (j) Amendment to Chapter 3 of Title 13, D.C. Code.--Section 13-302, 
D.C. Code, is amended by inserting ``the Supreme Court of the District 
of Columbia,'' after ``process of''.
    (k) Amendments to Chapter 3 of Title 17, D.C. Code.--
            (1) The chapter heading for chapter 3 of title 17, D.C. 
        Code, is amended by inserting ``Supreme Court of the District 
        of Columbia and'' before ``District''.
            (2) Section 17-302, D.C. Code, is amended by striking 
        ``District of Columbia Court of Appeals'' each place it appears 
        and inserting ``Supreme Court of the District of Columbia''.
            (3) Section 17-305, D.C. Code, is amended by adding at the 
        end the following new subsection:
    ``(c) The Supreme Court of the District of Columbia shall apply the 
same standards regarding the scope of review and the reversal of 
judgment as the District of Columbia Court of Appeals applies under 
subsections (a) and (b).''.
            (4) Section 17-306, D.C. Code, is amended by inserting 
        ``Supreme Court of the District of Columbia or the'' before 
        ``District''.
    (l) Amendment to Chapter 5 of Title 21,  D.C. Code.--The first 
sentence of section 21-502(e), D.C. Code, is amended by striking ``in 
accordance with'' and all that follows and inserting ``by the Joint 
Committee on Judicial Administration in the District of Columbia in 
accordance with section 11-1726.''.
    (m) Amendment to Title 5, United States Code.--Section 5102(c)(4) 
of title 5, United States Code, is amended by striking ``the chief 
judges'' and inserting ``the chief justice and the associate justices 
of the Supreme Court of the District of Columbia and the chief 
judges''.
    (n) Amendments to Title 18, United States Code.--(1) Section 
3006A(k) of title 18, United States Code, is amended in the second 
sentence by striking ``the Superior Court'' and all that follows and 
inserting ``the Supreme Court of the District of Columbia, the District 
of Columbia Court of Appeals, or the Superior Court of the District of 
Columbia.''.
    (2) Section 6001(4) of title 18, United States Code, is amended by 
inserting ``the Supreme Court of the District of Columbia,'' before 
``the District of Columbia Court of Appeals,''.
    (o) Amendments to Title 28, United States Code.--(1) Section 
1257(b) of title 28, United States Code, is amended by striking 
``District of Columbia Court of Appeals'' and inserting ``Supreme Court 
of the District of Columbia''.
    (2) Section 2113 of title 28, United States Code, is amended by 
striking ``District of Columbia Court of Appeals'' and inserting 
``Supreme Court of the District of Columbia''.

SEC. 104. EFFECTIVE DATE.

    Except as provided in section 102, this title and the amendments 
made by this title shall take effect 6 months after the date of 
enactment of this Act.

          TITLE II--JUDGES OF THE DISTRICT OF COLUMBIA COURTS

SEC. 201. DESIGNATION OF CHIEF JUDGE.

    (a) In General.--Section 11-1503(a), D.C. Code, is amended to read 
as follows:
    ``(a)(1) Except as provided in paragraph (2), the chief justice or 
chief judge of a District of Columbia court shall be designated by the 
District of Columbia Judicial Nomination Commission from among the 
judges of the court in regular active service. A chief judge shall 
serve for a term of 4 years or until a successor is designated, and 
shall be eligible for redesignation. A judge may relinquish the 
position of chief judge, after giving notice to the District of 
Columbia Judicial Nomination Commission.
    ``(2) Notwithstanding the first sentence of paragraph (1), the 
first chief justice of the Supreme Court of the District of Columbia 
shall be appointed in accordance with section 102(a) of the District of 
Columbia Judicial Reorganization Act of 1993.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act.

SEC. 202. COMPOSITION OF SUPERIOR COURT OF THE DISTRICT OF COLUMBIA.

    Section 11-903, D.C. Code, is amended--
            (1) effective October 1, 1993, by striking ``fifty-eight'' 
        and inserting ``sixty''; and
            (2) effective October 1, 1994, by striking ``sixty'' and 
        inserting ``sixty-two''.

SEC. 203. TREATMENT OF HEARING COMMISSIONERS AS JUDICIAL MAGISTRATES.

    (a) In General.--
            (1) Redesignation of title.--Section 11-1732, D.C. Code, is 
        amended--
                    (A) by striking ``hearing commissioners'' each 
                place it appears in subsection (a), subsection (b), 
                subsection (d), subsection (i), subsection (l), and 
                subsection (n) and inserting ``judicial magistrates'';
                    (B) by striking ``hearing commissioner'' each place 
                it appears in subsection (b), subsection (c), 
                subsection (e), subsection (f), subsection (g), 
                subsection (h), and subsection (j) and inserting 
                ``judicial magistrate'';
                    (C) by striking ``hearing commissioner's'' each 
                place it appears in subsection (e) and subsection (k) 
                and inserting ``judicial magistrate's'';
                    (D) by striking ``Hearing commissioners'' each 
                place it appears in subsections (b), (d), and (i) and 
                inserting ``Judicial magistrates''; and
                    (E) in the heading, by striking ``Hearing 
                commissioners'' and inserting ``Judicial magistrates''.
            (2) Conforming amendments.--(A) Section 11-1732(c)(3), D.C. 
        Code, is amended by striking ``, except that'' and all that 
        follows and inserting a period.
            (B) Section 16-924, D.C. Code, is amended--
                    (i) by striking ``hearing commissioner'' each place 
                it appears and inserting ``judicial magistrate''; and
                    (ii) in subsection (f), by striking ``hearing 
                commissioner's'' and inserting ``judicial 
                magistrate's''.
            (C) Section 16-2308, D.C. Code, is amended by striking 
        ``judge'' each place it appears and inserting ``judicial 
        officer''.
            (D) Section 16-2312, D.C. Code, is amended--
                    (i) by striking ``judge'' each place it appears in 
                subsections (c), (d), (e), (f), and (j) and inserting 
                ``judicial officer'';
                    (ii) in subsection (c), by striking ``He'' each 
                place it appears and inserting ``The judicial 
                officer'';
                    (iii) in subsection (d)(1), by striking ``his 
                reasons'' and inserting ``the reasons'' and by striking 
                ``he finds'' each place it appears and inserting ``the 
                judicial officer finds'';
                    (iv) in subsection (d)(2)(A), by striking 
                ``supervise him'' and inserting ``supervise the 
                child'';
                    (v) in subsection (d)(2)(C), by striking ``his 
                protection'' and inserting ``the child's protection'';
                    (vi) in subsection (e), by striking ``he shall'' 
                and inserting ``the judicial officer shall'';
                    (vii) in subsection (f), by striking ``his 
                reasons'' and inserting ``the reasons'', and by 
                striking ``he shall'' each place it appears and 
                inserting ``the judicial officer shall'';
                    (viii) by striking ``his detention'' each place it 
                appears in subsections (h) and (i) and inserting ``the 
                child's detention''; and
                    (ix) in subsection (j), by striking ``his parent'' 
                and inserting ``the child's parent''.
            (3) Clerical amendment.--The item relating to section 11-
        1732 of the table of sections of chapter 17 of title 11, D.C. 
        Code, is amended to read as follows:

``11-1732. Judicial magistrates.''.
            (4) Transition provision regarding hearing commissioners.--
        Any individual serving as a hearing commissioner under section 
        11-1732 of the District of Columbia Code as of the date of the 
        enactment of this Act shall serve the remainder of such 
        individual's term as a judicial magistrate, and may be 
        reappointed as a judicial magistrate in accordance with section 
        11-1732(d), D.C. Code, except that any individual serving as a 
        hearing commissioner as of the date of the enactment of this 
        Act who was appointed as a hearing commissioner prior to the 
        effective date of section 11-1732 of the District of Columbia 
        Code shall not be required to be a resident of the District of 
        Columbia to be eligible to be reappointed.
    (b) Expansion of Duties.--Section 11-1732(j), D.C. Code, is 
amended--
            (1) in paragraph (4)(A)--
                    (A) by inserting after ``involving'' the following: 
                ``the establishment of paternity or'', and
                    (B) by striking ``guidelines established by rule of 
                the Superior Court'' and inserting ``child support 
                guidelines established by the Council of the District 
                of Columbia'';
            (2) in paragraph (5), by striking ``and Family'' and 
        inserting ``Family, Probate, and Tax'';
            (3) by redesignating paragraph (5) as paragraph (7); and
            (4) by inserting after paragraph (4) the following new 
        paragraphs:
            ``(5) Conduct detention, neglect, and shelter care 
        proceedings in which a child is alleged to be delinquent, 
        neglected, or in need of supervision.
            ``(6) Conduct proceedings and issue orders in uncontested 
        probate and fiduciary matters brought under title 20 of the 
        District of Columbia Code.''.
    (c) Additional Conforming Amendments.--(1) Section 11-1732(d), D.C. 
Code, as amended by subsection (a)(1), is further amended--
            (A) by striking the period at the end of the first sentence 
        and inserting ``, in accordance with standards and procedures 
        established by the Superior Court.''; and
            (B) by striking the second sentence.
    (2) Section 11-1732(m), D.C. Code, is amended to read as follows:
    ``(m) The Chief Judge of the Superior Court shall, from time to 
time, conduct such studies on the utilization of judicial magistrates 
as the Board of Judges shall deem expedient, taking into account the 
suggestions of the District of Columbia Bar and other interested 
parties.''.
    (3) Section 11-1732, D.C. Code, is amended by adding at the end the 
following new subsection:
    ``(p) The Joint Committee on Judicial Administration in the 
District of Columbia shall determine the rate of compensation for 
judicial magistrates in accordance with section 11-1726.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 204. STUDY OF FEASIBILITY OF ESTABLISHING DISTRICT OF COLUMBIA 
              NIGHT COURT.

    (a) Study.--The Executive Officer of the District of Columbia 
courts shall conduct a study of the feasibility and desirability of 
establishing a District of Columbia Night Court as a division of the 
Superior Court of the District of Columbia.
    (b) Report.--Not later than 120 days after the date of the 
enactment of this Act, the Executive Officer shall submit a report on 
the study conducted under subsection (a) to the Joint Committee on 
Judicial Administration in the District of Columbia, which shall 
forward the study together with any comments and recommendations to 
Congress not later than 180 days after the date of the enactment of 
this Act.

                                 <all>

S 1718 IS----2
S 1718 IS----3
```