I 

111TH CONGRESS 

2D SESSION H. R. 5367 

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

administrative authorities of the District of Columbia courts, and to 

authorize the District of Columbia Public Defender Service to provide 

professional liability insurance for officers and employees of the Service 

for claims relating to services furnished within the scope of employment 

with the Service. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 24, 2010 

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

Committee on Oversight and Government Reform 

A BILL 

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

revise certain administrative authorities of the District 

of Columbia courts, and to authorize the District of 

Columbia Public Defender Service to provide professional 

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

scope of employment with the Service. 

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


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1 SECTION 1. SHORT TITLE. 

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

3 Defender Service Act of 2010’’. 

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

5 (a) PERMITTING JUDICIAL CONFERENCE ON BIEN6 NIAL BASIS; ATTENDANCE OF MAGISTRATE JUDGES.— 

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

8 amended— 

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

10 and inserting ‘‘biennially or annually’’; 

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

12 judges’’ and inserting ‘‘active judges and magistrate 

13 judges’’; 

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

15 judge’’ and inserting ‘‘Every judge and magistrate 

16 judge’’; and 

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

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

19 (b) EMERGENCY AUTHORITY TO TOLL OR DELAY

20 JUDICIAL PROCEEDINGS.— 

21 (1) PROCEEDINGS IN SUPERIOR COURT.— 

22 (A) IN GENERAL.—Subchapter III of 

23 Chapter 9 of title 11, District of Columbia Offi24 cial Code, is amended by adding at the end the 

25 following new section: 


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1 ‘‘§ 11–947. Emergency authority to toll or delay pro2 ceedings. 

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

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

5 disaster or other emergency situation requiring the 

6 closure of Superior Court or rendering it impracti7 cable for the United States or District of Columbia 

8 Government or a class of litigants to comply with 

9 deadlines imposed by any Federal or District of Co10 lumbia law or rule that applies in the Superior 

11 Court, the chief judge of the Superior Court may ex12 ercise emergency authority in accordance with this 

13 section. 

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

15 judge may enter such order or orders as may be ap16 propriate to delay, toll, or otherwise grant relief 

17 from the time deadlines imposed by otherwise appli18 cable laws or rules for such period as may be appro19 priate for any class of cases pending or thereafter 

20 filed in the Superior Court. 

21 ‘‘(B) The authority conferred by this section ex22 tends to all laws and rules affecting criminal and ju23 venile proceedings (including, pre-arrest, post-arrest, 

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

25 family, domestic violence, probate and tax pro26 ceedings. 


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

2 the chief judge of the Superior Court is absent or 

3 disabled, the authority conferred by this section may 

4 be exercised by the judge designated under section 

5 11–907(a) or by the Joint Committee on Judicial 

6 Administration. 

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

8 in this section shall be construed to authorize sus9 pension of the writ of habeas corpus. 

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

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

12 consider the ability of the United States or District of Co13 lumbia Government to investigate, litigate, and process de14 fendants during and after the emergency situation, as well 

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

16 their defenses. 

17 ‘‘(c) ISSUANCE OF ORDERS.—The United States At18 torney for the District of Columbia or the Attorney Gen19 eral for the District of Columbia or the designee of either 

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

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

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

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

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

25 judge determines that an emergency situation requires adVerDate Mar 15 2010 02:09 May 25, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5367.IH H5367

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1 ditional extensions of the period during which deadlines 

2 are tolled or extended, the chief judge may, with the con3 sent of the Joint Committee on Judicial Administration, 

4 enter additional orders under this section in order to fur5 ther toll or extend such time deadline. 

6 ‘‘(e) NOTICE.—Upon issuing an order under this sec7 tion, the chief judge— 

8 ‘‘(1) shall make all reasonable efforts to pub9 licize the order, including, when possible, announcing 

10 the order on the District of Columbia Courts web 

11 site; and 

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

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

14 Committee on Homeland Security and Governmental 

15 Affairs of the Senate and the Committee on Over16 sight and Government Reform of the House of Rep17 resentatives. 

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

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

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

21 emergency situation, the chief judge shall submit a brief 

22 report to the Committee on Homeland Security and Gov23 ernmental Affairs of the Senate, the Committee on Over24 sight and Government Reform of the House of RepresentVerDate Mar 15 2010 02:09 May 25, 2010 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5367.IH 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 ‘‘(g) EXCEPTIONS.—The notice under subsection 

9 (e)(2) and the report under subsection (f) 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 9 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: 

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

17 (2) PROCEEDINGS IN COURT OF APPEALS.— 

18 (A) IN GENERAL.—Subchapter III of chap19 ter 7 of title 11, District of Columbia Official 

20 Code, is amended by adding at the end the fol21 lowing new section: 

22 ‘‘§ 11–745. Emergency authority to toll or delay pro23 ceedings. 

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


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

2 disaster or other emergency situation requiring the 

3 closure of the Court of Appeals or rendering it im4 practicable for the United States or District of Co5 lumbia Government or a class of litigants to comply 

6 with deadlines imposed by any Federal or District of 

7 Columbia law or rule that applies in the Court of 

8 Appeals, the chief judge of the Court of Appeals 

9 may exercise emergency authority in accordance with 

10 this section. 

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

12 may enter such order or orders as may be appro13 priate to delay, toll, or otherwise grant relief from 

14 the time deadlines imposed by otherwise applicable 

15 laws or rules for such period as may be appropriate 

16 for any class of cases pending or thereafter filed in 

17 the Court of Appeals. 

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

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

20 disabled, the authority conferred by this section may 

21 be exercised by the judge designated under section 

22 11–706(a) or by the Joint Committee on Judicial 

23 Administration. 


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

2 in this section shall be construed to authorize sus3 pension of the writ of habeas corpus. 

4 ‘‘(b) ISSUANCE OF ORDERS.—The United States At5 torney for the District of Columbia or the Attorney Gen6 eral for the District of Columbia or the designee of either 

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

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

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

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

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

12 judge determines that an emergency situation requires ad13 ditional extensions of the period during which deadlines 

14 are tolled or extended, the chief judge may, with the con15 sent of the Joint Committee on Judicial Administration, 

16 enter additional orders under this section in order to fur17 ther toll or extend such time deadline. 

18 ‘‘(d) NOTICE.—Upon issuing an order under this sec19 tion, the chief judge— 

20 ‘‘(1) shall make all reasonable efforts to pub21 licize the order, including, when possible, announcing 

22 the order on the District of Columbia Courts web 

23 site; and 

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

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


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1 Committee on Homeland Security and Governmental 

2 Affairs of the Senate and the Committee on Over3 sight and Government Reform of the House of Rep4 resentatives. 

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

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

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

8 emergency situation, the chief judge shall submit a brief 

9 report to the Committee on Homeland Security and Gov10 ernmental Affairs of the Senate, the Committee on Over11 sight and Government Reform of the House of Represent12 atives, and the Joint Committee on Judicial Administra13 tion describing the orders, including— 

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

15 ‘‘(2) the duration of the orders; 

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

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

18 orders. 

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

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

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

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

23 (B) CLERICAL AMENDMENT.—The table of 

24 contents of chapter 7 of title 11, District of Co25 lumbia Official Code, is amended by adding at 


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1 the end of the items relating to subchapter III 

2 the following: 

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

3 (c) AUTHORIZATION FOR PROGRAM OF VOLUNTARY

4 SEPARATION INCENTIVE PAYMENTS.— 

5 (1) IN GENERAL.—Chapter 17 of title 11, Dis6 trict of Columbia Official Code, is amended by in7 serting after section 11–1726 the following new sec8 tion: 

9 ‘‘§ 11–1726A. Voluntary Separation Incentive Pay10 ments 

11 ‘‘The Joint Committee on Judicial Administration 

12 may, by regulation, establish a program substantially simi13 lar to the program established under subchapter II of 

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

15 employees of the District of Columbia courts.’’. 

16 (2) CLERICAL AMENDMENT.—The table of con17 tents of chapter 17 of title 11, District of Columbia 

18 Official Code, is amended by inserting after the item 

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

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

20 (d) PERMITTING AGREEMENTS TO PROVIDE SERV21 ICES ON A REIMBURSABLE BASIS TO OTHER DISTRICT

22 GOVERNMENT OFFICES.— 


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

2 Columbia Official Code, is amended by adding at the 

3 end the following new subsection: 

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

5 and economy, the Executive Officer may enter into agree6 ments to provide the Mayor of the District of Columbia 

7 with equipment, supplies, and services and credit reim8 bursements received from the Mayor for such equipment, 

9 supplies, and services to the appropriation of the District 

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

11 (2) EFFECTIVE DATE.—The amendment made 

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

13 year 2010 and each succeeding fiscal year. 

14 SEC. 3. LIABILITY INSURANCE FOR PUBLIC DEFENDER 

15 SERVICE. 

16 Section 307 of the District of Columbia Court Re17 form and Criminal Procedure Act of 1970 (sec. 2–1607, 

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

19 following new subsection: 

20 ‘‘(e) The Service shall, to the extent the Director con21 siders appropriate, provide representation for and hold 

22 harmless, or provide liability insurance for, any person 

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

24 or officer of the Service for money damages arising out 

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


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1 furnishing of representational services or management 

2 services or related services under this Act while acting 

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

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

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

6 liberty, property damage, loss of property, or personal in7 jury, or death arising from malpractice or negligence of 

8 any such officer or employee.’’. 

Æ 


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