```

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6747 Introduced in House (IH)]

<DOC>

117th CONGRESS
  2d Session
                                H. R. 6747

To amend title 11, District of Columbia Official Code, to modernize the 
rules and procedures for the service of jurors in District of Columbia 
courts, to adjust compensation rates for criminal justice investigators 
 and attorneys representing indigent defenders, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 15, 2022

  Ms. Norton introduced the following bill; which was referred to the 
                   Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL

 
To amend title 11, District of Columbia Official Code, to modernize the 
rules and procedures for the service of jurors in District of Columbia 
courts, to adjust compensation rates for criminal justice investigators 
 and attorneys representing indigent defenders, 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 Courts 
Improvement Act of 2022''.

SEC. 2. MODERNIZATION OF RULES AND PROCEDURES RELATING TO SERVICE OF 
              JURORS.

    (a) Establishing Fees for Jurors Serving in Superior Court of the 
District of Columbia at Same Rates Paid for Jurors Serving in United 
States District Courts.--
            (1) Establishment of fees.--Section 11-1912(a), District of 
        Columbia Official Code, is amended to read as follows:
    ``(a) Grand and petit jurors serving in the Superior Court shall 
receive fees and allowances at the same rates provided under section 
1871 of title 28, United States Code, for fees and allowances paid to 
grand and petit jurors appearing in the district courts of the United 
States.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to fees and allowances paid on or 
        after the first day of the first fiscal year which begins after 
        the date of the enactment of this Act.
    (b) Modernizing Process for Serving of Qualification Forms and 
Summonses.--
            (1) Juror qualification forms.--Section 11-1906(c), 
        District of Columbia Official Code, is amended--
                    (A) in paragraph (1), by striking ``shall provide 
                that a juror qualification form be mailed'' and 
                inserting ``shall require that a juror qualification 
                form be provided'';
                    (B) in paragraph (2), by striking ``return'' and 
                inserting ``submit''; and
                    (C) by adding at the end the following new 
                paragraph:
    ``(3) The jury system plan shall provide that a juror qualification 
form be provided by mail to each prospective juror, except that the 
plan may permit the form to be provided by electronic communication to 
a prospective juror with the affirmative consent of the prospective 
juror.''.
            (2) Summonses.--Section 11-1907(a), District of Columbia 
        Official Code, is amended by striking the last sentence and 
        inserting the following: ``Under the jury system plan, service 
        of prospective jurors may be made personally, by mail, or, with 
        the affirmative consent of the prospective juror, by electronic 
        communication.''
    (c) Permitting Individuals 70 Years of Age or Older To Opt Out of 
Service.--Section 11-1908(b), District of Columbia Official Code, is 
amended--
            (1) by striking ``or (4)'' and inserting ``(4)''; and
            (2) by striking the period at the end of the first sentence 
        and inserting the following: ``; or (5) excluded by the Court 
        upon the request of the individual if the individual is 70 
        years of age or older.''.

SEC. 3. ADJUSTMENTS IN COMPENSATION RATES FOR CERTAIN PERSONNEL.

    (a) Attorneys Representing Indigent Defendants.--
            (1) In general.--Section 11-2604(a), District of Columbia 
        Official Code, is amended by striking ``at a fixed rate of $90 
        per hour'' and inserting ``an hourly rate not to exceed the 
        rate payable under section 3006A(d)(1) of title 18, United 
        States Code''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply with respect to cases and proceedings initiated on 
        or after the date of the enactment of this Act.
    (b) Criminal Justice Investigators.--
            (1) In general.--Section 11-2605, District of Columbia 
        Official Code, is amended by striking ``a fixed rate of $25 per 
        hour'' each place it appears in subsections (b) and (c) and 
        inserting ``a rate not to exceed the rate payable for such 
        services in the United States District Court for the District 
        of Columbia''.
            (2) Effective date.--The amendments made by this subsection 
        shall apply with respect to investigative services provided in 
        connection with cases and proceedings initiated on or after the 
        date of the enactment of this Act.

SEC. 4. AUTHORITY OF EXECUTIVE OFFICER OF COURTS OVER REGISTER OF 
              WILLS.

    (a) Appointment and Removal.--
            (1) In general.--Section 11-1725(b), District of Columbia 
        Official Code, is amended--
                    (A) by inserting ``the Register of Wills,'' after 
                ``the clerks of the courts,''; and
                    (B) by striking ``(other than the Register of Wills 
                and personal law clerks and secretaries of the 
                judges)'' and inserting ``(other than personal law 
                clerks and judicial administrative assistants of the 
                judges)''.
            (2) Conforming amendment.--Section 11-2102(a), District of 
        Columbia Official Code, is amended by striking ``The Superior 
        Court shall appoint and remove'' and inserting ``Pursuant to 
        section 11-1725(b), the Executive Officer of the District of 
        Columbia Courts shall appoint and may remove''.
    (b) Determination of Compensation.--Section 11-2102(c), District of 
Columbia Official Code, is amended to read as follows:
    ``(c) The compensation of the Register of Wills shall be fixed in 
accordance with section 11-1726(a).''.
    (c) Assignment of Duties.--Section 11-2103, District of Columbia 
Official Code, is amended by striking ``the chief judge of the Superior 
Court'' and inserting ``the Executive Officer of the District of 
Columbia Courts''.

SEC. 5. AUTHORIZATION OF RETROACTIVE PAY ADJUSTMENTS FOR COURT 
              EMPLOYEES.

    Section 11-1726, District of Columbia Official Code, is amended by 
adding at the end the following new subsection:
    ``(d) Retroactive pay may be payable to an employee of the District 
of Columbia courts by reason of an increase in the salary or pay 
schedule applicable to the employee pursuant to this section which 
occurs during fiscal year 2022 or any succeeding fiscal year, but only 
if--
            ``(1) the employee is in the service of the District of 
        Columbia courts on the date of final action by the Executive 
        Officer regarding the increase; or
            ``(2) the employee retired or died during the period 
        beginning on the effective date of the increase and ending on 
        the date of final action by the Executive Officer regarding the 
        increase, except that retroactive pay for such an employee 
        shall be provided only with respect to services performed 
        during that period.''.

SEC. 6. AUTHORIZATION OF COURTS TO CARRY OUT CERTAIN ADMINISTRATIVE 
              FUNCTIONS.

    (a) Retention of Fees Received for Administering Bar Examinations 
and Processing Bar Admissions.--Section 11-2501(a), District of 
Columbia Official Code, is amended--
            (1) by striking ``(a) The District'' and inserting ``(a)(1) 
        The District''; and
            (2) by adding at the end the following new paragraph:
    ``(2) Notwithstanding the third sentence of section 450 of the 
District of Columbia Home Rule Act (sec. 1-204.50, D.C. Official Code), 
the District of Columbia Court of Appeals may retain any amounts 
received as fees for administering bar examinations and processing 
District of Columbia Bar admissions and use such amounts for the 
salaries and expenses incurred in administering bar examinations and 
processing bar admissions. Any amounts retained under this paragraph 
shall remain available until expended.''.
    (b) Specific Authority To Accept Gifts.--
            (1) Authority described.--Section 11-1742, District of 
        Columbia Official Code, is amended by adding at the end the 
        following new subsection:
    ``(e)(1) The Executive Officer may solicit, accept, and use money, 
funds, property, and voluntary and uncompensated services of any kind 
made available by gift, donation, devise, bequest, grant, or otherwise 
to carry out the authorized functions or duties of the District of 
Columbia Courts.
    ``(2) The District of Columbia Courts shall keep accurate and 
detailed records of the acceptance and use of any gift, donation, 
devise, bequest, grant, or other money, funds, property, or services 
accepted under paragraph (1), and shall make such records available for 
audit.''.
            (2) Conforming amendment relating to existing authority.--
        Section 115 of the District of Columbia Appropriations Act, 
        2003 (Public Law 108-7; 117 Stat. 124) is amended--
                    (A) in paragraph (2), by striking ``and the 
                District of Columbia courts''; and
                    (B) in subsection (c), by striking the period at 
                the end and inserting the following: ``, but does not 
                include the District of Columbia courts''.
    (c) Clarification of Authority To Procure Motor Vehicles.--Section 
11-1742(b), District of Columbia Official Code, is amended by striking 
``necessary equipment,'' and inserting ``necessary equipment (including 
motor vehicles),''.
    (d) Additional Authority To Allot or Permit Use of Available Space 
in Court Buildings.--Section 11-1742, District of Columbia Official 
Code, as amended by subsection (b), is further amended by adding at the 
end the following new subsection:
    ``(f)(1) In addition to any authority provided under any other law, 
regulation, or guidance, the District of Columbia Courts may enter into 
an agreement to allot or permit the use by District of Columbia or 
Federal agencies, legal services providers, or any other individual or 
entity of space in a building owned by or assigned or leased to the 
District of Columbia Courts if--
            ``(A) the District of Columbia or Federal agency, legal 
        services provider, or other individual or entity applies to the 
        Executive Officer for the use of such space;
            ``(B) the space is available;
            ``(C) the Executive Officer determines that the allotment 
        or use of the space is in the interest of the District of 
        Columbia Courts; and
            ``(D) the agreement for the allotment or use of the space 
        provides that the allotment or use of the space may be revoked 
        at any time.
    ``(2) Under an agreement for the allotment or use of space which is 
entered into under the authority of this subsection, the space may be 
provided without charge for rent or services. For purposes of this 
paragraph, the term `services' includes the providing of lighting, 
heating, cooling, electricity, office furniture, office machines and 
equipment, classroom furnishings and equipment, kitchen appliances, 
telephone service (including installation of lines and equipment and 
other expenses associated with telephone services), and security 
systems (including installation and other expenses associated with 
security systems), including replacement equipment, as needed.
    ``(3) Nothing in title 31, United States Code, or any other law may 
be construed to prohibit or restrict a party to an agreement entered 
into under the authority of this subsection from paying the costs 
associated with the allotment or use of space under the agreement by 
reimbursement to the Treasury of the United States or the Crime Victims 
Fund.''.

SEC. 7. UPDATES TO TREATMENT OF SMALL CLAIMS.

    (a) Authority of Courts To Determine Hours for Transaction of 
Business.--
            (1) Repeal of mandatory sessions hours.--Title 11, District 
        of Columbia Official Code, is amended by striking section 11-
        1302.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter I of chapter 13 of title 11, District 
        of Columbia Official Code, is amended by striking the item 
        relating to section 11-1302.
    (b) Increase in Limit on Amount of Claim Under Jurisdiction of 
Branch.--
            (1) Increase.--Section 11-1321, District of Columbia 
        Official Code, is amended--
                    (A) in the first sentence, by striking ``The Small 
                Claims'' and inserting ``(a) The Small Claims'';
                    (B) in the first sentence, by striking ``$10,000'' 
                and inserting ``$10,000 (or, in the case of an action 
                brought during any 5-year period described in 
                subsection (b), the applicable limit under such 
                subsection)'';
                    (C) in the second sentence, by striking ``Branch'' 
                and inserting ``Small Claims Branch'';
                    (D) in the third sentence, by striking ``Branch'' 
                and inserting ``Small Claims Branch'';
                    (E) in the third sentence, by striking ``Civil 
                Division'' and inserting ``Civil Actions Branch''; and
                    (F) by adding at the end the following new 
                subsections:
    ``(b) The applicable limit under this subsection is the following:
            ``(1) In the case of an action brought during the 5-year 
        period which begins on the first day of the first calendar year 
        beginning after the date of the enactment of the District of 
        Columbia Courts Improvement Act of 2022, $12,000.
            ``(2) In the case of an action brought during any 
        succeeding 5-year period, the applicable limit under this 
        subsection for the preceding 5-year period, increased by the 
        percentage increase, if any, in the Consumer Price Index for 
        All Urban Consumers, published by the Bureau of Labor 
        Statistics of the Department of Labor, over such preceding 5-
        year period, except that if such increased limit is not a 
        multiple of $100, such limit shall be rounded to the nearest 
        multiple of $100.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply with respect to claims brought on or after the date 
        of the enactment of this Act.
    (c) Permitting Use of Mediation To Settle Cases.--
            (1) In general.--Section 11-1322, District of Columbia 
        Official Code, is amended to read as follows:
``Sec. 11-1322. Arbitration, mediation, and conciliation
    ``In order to affect the speedy settlement of controversies, and 
with the consent of the parties, the Small Claims Branch may settle 
cases, irrespective of the amount involved, by the methods of 
arbitration, mediation, or conciliation. A judge sitting in the Small 
Claims Branch may act as a referee, arbitrator, or mediator, either 
alone or in conjunction with other persons, as provided by rules of the 
court. A judge, officer, or employee of the Superior Court may not 
accept any fee or compensation in addition to that person's salary for 
services performed pursuant to this section.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 13 of title 11, District 
        of Columbia Official Code, is amended by amending the item 
        relating to section 11-1322 to read as follows:

``11-1322. Arbitration, mediation, and conciliation.''.
    (d) Revision to References to Small Claims and Conciliation 
Branch.--
            (1) In general.--Chapter 13 of title 11, District of 
        Columbia Official Code, as amended by this section, is amended 
        by striking ``and Conciliation'' each place if appears in the 
        following sections;
                    (A) Section 11-1301.
                    (B) Section 11-1321.
                    (C) Section 11-1322.
                    (D) Section 11-1323.
            (2) Clerical amendment.--The table of chapters of title 11, 
        District of Columbia Official Code, is amended by amending the 
        item relating to chapter 13 to read as follows:

      ``Chapter 13. Small Claims Branch of the Superior Court.''.

SEC. 8. REVISIONS TO CERTAIN REFERENCES.

    (a) References to Domestic Violence Division.--
            (1) In general.--The District of Columbia Official Code is 
        amended by striking ``Domestic Violence Unit'' each place it 
        appears in the following sections and inserting ``Domestic 
        Violence Division'':
                    (A) Section 11-902(d).
                    (B) Section 11-1101(b)(2).
                    (C) Section 11-1732.
            (2) Special rules for magistrate judges.--Section 11-1732A, 
        District of Columbia Official Code, is amended--
                    (A) in the heading, by striking ``Domestic Violence 
                Unit'' and inserting ``Domestic Violence Division''; 
                and
                    (B) by striking ``Domestic Violence Unit'' each 
                place it appears and inserting ``Domestic Violence 
                Division''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 17 of title 11, District 
        of Columbia Official Code, is amended by amending the item 
        relating to section 11-1732A to read as follows:

``11-1732A. Special rules for magistrate judges of the Family Court of 
                            the Superior Court and the Domestic 
                            Violence Division.''.
    (b) References to Individuals With Intellectual Disabilities.--(1) 
Section 11-501(2)(D), District of Columbia Official Code, is amended by 
striking ``substantially retarded persons'' and inserting ``persons 
with moderate intellectual disabilities''.
    (2) Section 11-921(a)(4)(D), District of Columbia Official Code, is 
amended by striking ``substantially retarded persons'' and inserting 
``persons with moderate intellectual disabilities''.
    (3) Section 11-1101(a)(15), District of Columbia Official Code, is 
amended by striking ``the at least moderately mentally retarded'' and 
inserting ``persons with moderate intellectual disabilities''.
                                 <all>
```