IIB 

111TH CONGRESS 

2D SESSION H. R. 5367 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 17, 2010 

Received 

DECEMBER 22, 2010 

Read twice and referred to the Committee on Homeland Security and 

Governmental Affairs 

AN ACT 

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

revise certain administrative authorities of the District 

of Columbia courts, to authorize the District of Columbia 

Public Defender Service to provide professional liability 

insurance for officers and employees of the Service for 

claims relating to services furnished within the scope 

of employment with the Service, and for other purposes. 


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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 ‘‘D.C. Courts and Public 

5 Defender Service Act of 2010’’. 

6 SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS. 

7 (a) PERMITTING JUDICIAL CONFERENCE ON BIEN8 NIAL BASIS; ATTENDANCE OF MAGISTRATE JUDGES.— 

9 Section 11–744, District of Columbia Official Code, is 

10 amended— 

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

12 and inserting ‘‘biennially or annually’’; 

13 (2) in the first sentence, by striking ‘‘active 

14 judges’’ and inserting ‘‘active judges and magistrate 

15 judges’’; 

16 (3) in the third sentence, by striking ‘‘Every 

17 judge’’ and inserting ‘‘Every judge and magistrate 

18 judge’’; and 

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

20 Appeals’’ and inserting ‘‘Court of Appeals’’. 

21 (b) EMERGENCY AUTHORITY TO TOLL OR DELAY

22 JUDICIAL PROCEEDINGS.— 

23 (1) PROCEEDINGS IN SUPERIOR COURT.— 

24 (A) IN GENERAL.—Subchapter III of 

25 Chapter 9 of title 11, District of Columbia OffiVerDate Mar 15 2010 02:44 Dec 23, 2010 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5367.RFS H5367

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1 cial Code, is amended by adding at the end the 

2 following new section: 

3 ‘‘§ 11–947. Emergency authority to toll or delay pro4 ceedings. 

5 ‘‘(a) TOLLING OR DELAYING PROCEEDINGS.— 

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

7 disaster or other emergency situation requiring the 

8 closure of Superior Court or a natural disaster or 

9 other emergency situation rendering it impracticable 

10 for the United States or District of Columbia Gov11 ernment or a class of litigants to comply with dead12 lines imposed by any Federal or District of Colum13 bia law or rule that applies in the Superior Court, 

14 the chief judge of the Superior Court may exercise 

15 emergency authority in accordance with this section. 

16 ‘‘(2) SCOPE OF AUTHORITY.—(A) The chief 

17 judge may enter such order or orders as may be ap18 propriate to delay, toll, or otherwise grant relief 

19 from the time deadlines imposed by otherwise appli20 cable laws or rules for such period as may be appro21 priate for any class of cases pending or thereafter 

22 filed in the Superior Court. 

23 ‘‘(B) The authority conferred by this section ex24 tends to all laws and rules affecting criminal and ju25 venile proceedings (including, pre-arrest, post-arrest, 


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1 pretrial, trial, and post-trial procedures) and civil, 

2 family, domestic violence, probate and tax pro3 ceedings. 

4 ‘‘(3) UNAVAILABILITY OF CHIEF JUDGE.—If 

5 the chief judge of the Superior Court is absent or 

6 disabled, the authority conferred by this section may 

7 be exercised by the judge designated under section 

8 11–907(a) or by the Joint Committee on Judicial 

9 Administration. 

10 ‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 

11 in this section shall be construed to authorize sus12 pension of the writ of habeas corpus. 

13 ‘‘(5) DEFINITIONS.—For purposes of this sub14 section— 

15 ‘‘(A) the term ‘natural disaster’ means any 

16 natural catastrophe (including any hurricane, 

17 tornado, storm, high water, wind-driven water, 

18 tidal wave, tsunami, earthquake, volcanic erup19 tion, landslide, mudslide, snowstorm, or 

20 drought), or, regardless of cause, any fire, 

21 flood, or explosion; and 

22 ‘‘(B) the term ‘other emergency situation’ 

23 includes but is not limited to any occasion or 

24 instance of terrorism, enemy attack, sabotage, 

25 other hostile action, disease, or any manmade 


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1 cause which results in an imminent threat, se2 vere damage, or injury to life or property, or 

3 loss thereof, or results in the destruction of or 

4 severe damage to a court house, or impairs the 

5 ability to access a courthouse, or the ability to 

6 staff the courts. 

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

8 under this section for criminal cases, the chief judge shall 

9 consider the ability of the United States or District of Co10 lumbia Government to investigate, litigate, and process de11 fendants during and after the emergency situation, as well 

12 as the ability of criminal defendants as a class to prepare 

13 their defenses. 

14 ‘‘(c) ISSUANCE OF ORDERS.—The United States At15 torney for the District of Columbia or the Attorney Gen16 eral for the District of Columbia or the designee of either 

17 may request issuance of an order under this section, or 

18 the chief judge may act on his or her own motion. 

19 ‘‘(d) DURATION OF ORDERS.—An order entered 

20 under this section may not toll or extend a time deadline 

21 for a period of more than 14 days, except that if the chief 

22 judge determines that an emergency situation requires ad23 ditional extensions of the period during which deadlines 

24 are tolled or extended, the chief judge may, with the con25 sent of the Joint Committee on Judicial Administration, 


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1 enter additional orders under this section in order to fur2 ther toll or extend such time deadline. 

3 ‘‘(e) NOTICE.—Upon issuing an order under this sec4 tion, the chief judge— 

5 ‘‘(1) shall make all reasonable efforts to pub6 licize the order, including, when possible, announcing 

7 the order on the District of Columbia Courts web 

8 site; and 

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

10 the reasons for the issuance of the order, to the 

11 Committee on Homeland Security and Governmental 

12 Affairs of the Senate and the Committee on Over13 sight and Government Reform of the House of Rep14 resentatives. 

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

16 after the expiration of the last extension or tolling of a 

17 time period made by the order or orders relating to an 

18 emergency situation, the chief judge shall submit a brief 

19 report to the Committee on Homeland Security and Gov20 ernmental Affairs of the Senate, the Committee on Over21 sight and Government Reform of the House of Represent22 atives, and the Joint Committee on Judicial Administra23 tion describing the orders, including— 

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

25 ‘‘(2) the duration of the orders; 


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

2 ‘‘(4) the costs to the court resulting from the 

3 orders. 

4 ‘‘(g) EXCEPTIONS.—The notice under subsection 

5 (e)(2) and the report under subsection (f) are not required 

6 in the case of an order that tolls or extends a time deadline 

7 for a period of less than 14 days.’’. 

8 (B) CLERICAL AMENDMENT.—The table of 

9 contents of chapter 9 of title 11, District of Co10 lumbia Official Code, is amended by adding at 

11 the end of the items relating to subchapter III 

12 the following: 

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

13 (2) PROCEEDINGS IN COURT OF APPEALS.— 

14 (A) IN GENERAL.—Subchapter III of 

15 Chapter 7 of title 11, District of Columbia Offi16 cial Code, is amended by adding at the end the 

17 following new section: 

18 ‘‘§ 11–745. Emergency authority to toll or delay pro19 ceedings. 

20 ‘‘(a) TOLLING OR DELAYING PROCEEDINGS.— 

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

22 disaster or other emergency situation requiring the 

23 closure of the Court of Appeals or a natural disaster 

24 or other emergency situation rendering it impracti25 cable for the United States or District of Columbia 


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1 Government or a class of litigants to comply with 

2 deadlines imposed by any Federal or District of Co3 lumbia law or rule that applies in the Court of Ap4 peals, the chief judge of the Court of Appeals may 

5 exercise emergency authority in accordance with this 

6 section. 

7 ‘‘(2) SCOPE OF AUTHORITY.—The chief judge 

8 may enter such order or orders as may be appro9 priate to delay, toll, or otherwise grant relief from 

10 the time deadlines imposed by otherwise applicable 

11 laws or rules for such period as may be appropriate 

12 for any class of cases pending or thereafter filed in 

13 the Court of Appeals. 

14 ‘‘(3) UNAVAILABILITY OF CHIEF JUDGE.—If 

15 the chief judge of the Court of Appeals is absent or 

16 disabled, the authority conferred by this section may 

17 be exercised by the judge designated under section 

18 11–706(a) or by the Joint Committee on Judicial 

19 Administration. 

20 ‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 

21 in this section shall be construed to authorize sus22 pension of the writ of habeas corpus. 

23 ‘‘(5) DEFINITIONS.—For purposes of this sub24 section— 


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1 ‘‘(A) the term ‘natural disaster’ means any 

2 natural catastrophe (including any hurricane, 

3 tornado, storm, high water, wind-driven water, 

4 tidal wave, tsunami, earthquake, volcanic erup5 tion, landslide, mudslide, snowstorm, or 

6 drought), or, regardless of cause, any fire, 

7 flood, or explosion; and 

8 ‘‘(B) the term ‘other emergency situation’ 

9 includes but is not limited to any occasion or 

10 instance of terrorism, enemy attack, sabotage, 

11 other hostile action, disease, or any manmade 

12 cause which results in an imminent threat, se13 vere damage, or injury to life or property, or 

14 loss thereof, or results in the destruction of or 

15 severe damage to a court house, or impairs the 

16 ability to access a courthouse, or the ability to 

17 staff the courts. 

18 ‘‘(b) ISSUANCE OF ORDERS.—The United States At19 torney for the District of Columbia or the Attorney Gen20 eral for the District of Columbia or the designee of either 

21 may request issuance of an order under this section, or 

22 the chief judge may act on his or her own motion. 

23 ‘‘(c) DURATION OF ORDERS.—An order entered 

24 under this section may not toll or extend a time deadline 

25 for a period of more than 14 days, except that if the chief 


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1 judge determines that an emergency situation requires ad2 ditional extensions of the period during which deadlines 

3 are tolled or extended, the chief judge may, with the con4 sent of the Joint Committee on Judicial Administration, 

5 enter additional orders under this section in order to fur6 ther toll or extend such time deadline. 

7 ‘‘(d) NOTICE.—Upon issuing an order under this sec8 tion, the chief judge— 

9 ‘‘(1) shall make all reasonable efforts to pub10 licize the order, including, when possible, announcing 

11 the order on the District of Columbia Courts web 

12 site; and 

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

14 the reasons for the issuance of the order, to the 

15 Committee on Homeland Security and Governmental 

16 Affairs of the Senate and the Committee on Over17 sight and Government Reform of the House of Rep18 resentatives. 

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

20 after the expiration of the last extension or tolling of a 

21 time period made by the order or orders relating to an 

22 emergency situation, the chief judge shall submit a brief 

23 report to the Committee on Homeland Security and Gov24 ernmental Affairs of the Senate, the Committee on Over25 sight and Government Reform of the House of RepresentVerDate Mar 15 2010 02:44 Dec 23, 2010 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H5367.RFS H5367

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1 atives, and the Joint Committee on Judicial Administra2 tion describing the orders, including— 

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

4 ‘‘(2) the duration of the orders; 

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

6 ‘‘(4) the costs to the court resulting from the 

7 orders. 

8 ‘‘(f) EXCEPTIONS.—The notice under subsection 

9 (d)(2) and the report under subsection (e) are not required 

10 in the case of an order that tolls or extends a time deadline 

11 for a period of less than 14 days.’’. 

12 (B) CLERICAL AMENDMENT.—The table of 

13 contents of chapter 7 of title 11, District of Co14 lumbia Official Code, is amended by adding at 

15 the end of the items relating to subchapter III 

16 the following: 

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

17 (c) PERMITTING AGREEMENTS TO PROVIDE SERV18 ICES ON A REIMBURSABLE BASIS TO OTHER DISTRICT

19 GOVERNMENT OFFICES.— 

20 (1) IN GENERAL.—Section 11–1742, District of 

21 Columbia Official Code, is amended by adding at the 

22 end the following new subsection: 

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

24 and economy, the Executive Officer may enter into agree25 ments to provide the Mayor of the District of Columbia 


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1 with equipment, supplies, and services and credit reim2 bursements received from the Mayor for such equipment, 

3 supplies, and services to the appropriation of the District 

4 of Columbia Courts against which they were charged.’’. 

5 (2) EFFECTIVE DATE.—The amendment made 

6 by paragraph (1) shall apply with respect to fiscal 

7 year 2010 and each succeeding fiscal year. 

8 SEC. 3. LIABILITY INSURANCE FOR PUBLIC DEFENDER 

9 SERVICE. 

10 Section 307 of the District of Columbia Court Re11 form and Criminal Procedure Act of 1970 (sec. 2–1607, 

12 D.C. Official Code) is amended by adding at the end the 

13 following new subsection: 

14 ‘‘(e) The Service shall, to the extent the Director con15 siders appropriate, provide representation for and hold 

16 harmless, or provide liability insurance for, any person 

17 who is an employee, member of the Board of Trustees, 

18 or officer of the Service for money damages arising out 

19 of any claim, proceeding, or case at law relating to the 

20 furnishing of representational services or management 

21 services or related services under this Act while acting 

22 within the scope of that person’s office or employment, 

23 including but not limited to such claims, proceedings, or 

24 cases at law involving employment actions, injury, loss of 

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1 jury, or death arising from malpractice or negligence of 

2 any such officer or employee.’’. 

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

4 FAMILY COURT OF THE SUPERIOR COURT. 

5 (a) REDUCTION IN TERM OF SERVICE.—Section 11– 

6 908A(c)(1), District of Columbia Official Code, is amend7 ed by striking ‘‘5 years’’ and inserting ‘‘3 years’’. 

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

9 subsection (a) shall apply with respect to any individual 

10 serving as a judge on the Family Court of the Superior 

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

12 the enactment of this Act. 

Passed the House of Representatives November 16, 

2010. 

Attest: LORRAINE C. MILLER, 

Clerk. 


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