I

103D CONGRESS

1ST SESSION H. R. 1633

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

purposes.

IN THE HOUSE OF REPRESENTATIVES

APRIL 1, 1993

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

Committee on the District of Columbia

A BILL

To create a Supreme Court for the District of Columbia,

and for other purposes.

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

3 SECTION 1. SHORT TITLE.

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

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

2 THE DISTRICT OF COLUMBIA

3 SEC. 101. ESTABLISHMENT OF SUPREME COURT OF THE

4 DISTRICT OF COLUMBIA.

5 Title 11 of the District of Columbia Code is amended

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

7 ‘‘CHAPTER 6. SUPREME COURT OF THE DISTRICT

8 OF COLUMBIA.

‘‘SUBCHAPTER I. ESTABLISHMENT AND ORGANIZATION.

‘‘Sec.

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

‘‘11–602. Composition.

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

‘‘11–604. Oath of justices.

‘‘11–605. Term; hearings; quorum.

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

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

the District of Columbia.

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

‘‘11–609. Reports.

‘‘SUBCHAPTER II. JURISDICTION.

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

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

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

‘‘SUBCHAPTER III. MISCELLANEOUS PROVISIONS.

‘‘11–641. Contempt powers.

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

‘‘11–643. Rules of court.

‘‘11–644. Judicial conference.

9 ‘‘SUBCHAPTER I. ESTABLISHMENT AND

10 ORGANIZATION.

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

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

13 (hereafter in this chapter referred to as ‘the court’) is
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1 hereby established as a court of record in the District of

2 Columbia.

3 ‘‘(b) The court shall have a seal.

4 ‘‘§ 11–602. Composition.

5 The court shall consist of a chief justice and 6 associ6 ate justices.

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

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

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

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

11 90 percent of the rate prescribed by law for justices of

12 the United States Supreme Court. The chief justice shall

13 receive $3,000 per year in addition to the salary of other

14 justices of the court.

15 ‘‘§ 11–604. Oath of justices.

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

17 prescribed for judges of courts of the United States.

18 ‘‘§ 11–605. Term; hearings; quorum.

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

20 such period as it may determine.

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

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

23 divisions of 3 justices to hear and determine cases and

24 controversies certified for review under section 11–621 if

25 the court determines that subsection (b)(2) of such section
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1 is the exclusive basis for such certification. The court in

2 banc for a hearing shall consist of the justices of the court

3 in regular active service.

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

5 a quorum.

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

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

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

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

10 ‘‘§ 11–606. Absence, disability, or disqualification of

11 justices; vacancies.

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

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

14 and be performed by such associate justice as the chief

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

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

17 or fails to make such a designation, such duties shall de18 volve upon and be performed by the associate justices of

19 the court according to the seniority of their original com20 missions.

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

22 expired shall continue to serve until redesignated or until

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

24 in the position of chief justice the position shall be filled
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1 temporarily as provided in the second sentence of sub2 section (a).

3 ‘‘§ 11–607. Assignment of justices and judges to and

4 from other courts of the District of Co5 lumbia.

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

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

8 Appeals, the chief justice of the Supreme Court of the Dis9 trict of Columbia may designate and assign temporarily

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

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

12 of the District of Columbia to serve on the District of Co13 lumbia Court of Appeals or a division thereof whenever

14 the business of the District of Columbia Court of Appeals

15 so requires. Such designations or assignments shall be in

16 conformity with the rules or orders of the District of Co17 lumbia Court of Appeals.

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

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

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

21 the District of Columbia may designate and assign tempo22 rarily one or more justices of the Supreme Court of the

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

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

25 Superior Court of the District of Columbia.
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1 ‘‘§ 11–608. Clerks and secretaries for justices.

2 ‘‘Each justice may appoint and remove a personal

3 secretary. The chief justice may appoint and remove not

4 more than three personal law clerks, and each associate

5 justice may appoint and remove not more than two per6 sonal law clerks. In addition, the chief justice may appoint

7 and remove law clerks for the court and law clerks and

8 secretaries for the senior justices. The law clerks ap9 pointed for the court shall serve as directed by the chief

10 justice.

11 ‘‘§ 11–609. Reports.

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

13 reports and data as the chief justice may request.

14 ‘‘SUBCHAPTER II. JURISDICTION.

15 ‘‘§ 11–621. Certification to the Supreme Court of the

16 District of Columbia.

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

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

19 Court of Appeals, the Supreme Court of the District of

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

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

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

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

24 it has been determined by the District of Columbia Court

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

26 transfer jurisdiction over the case or class of cases to the
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1 Supreme Court of the District of Columbia for all pur2 poses.

3 ‘‘(b) Such certification may be made only if not less

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

5 of Columbia determine that—

6 ‘‘(1) the case or class of cases involves a ques7 tion that is novel or difficult or is of importance in

8 the general public interest or the administration of

9 justice; or

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

11 the District of Columbia Court of Appeals on the ef12 fective date of this section and, because the justices

13 of the Supreme Court of the District of Columbia

14 were familiar with the case or class of cases while

15 serving as judges of the District of Columbia Court

16 of Appeals, the sound and efficient administration of

17 justice dictates that the case or class of cases be cer18 tified for review by the Supreme Court of the Dis19 trict of Columbia.

20 ‘‘§ 11–622. Review by the Supreme Court of the Dis21 trict of Columbia.

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

23 District of Columbia Court of Appeals may petition the

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

25 Such a petition may be granted and appeal be heard by
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1 the Supreme Court of the District of Columbia only upon

2 the affirmative vote of not less than 3 of the justices that

3 the matter involves a question that is novel or difficult,

4 is the subject of conflicting authorities within the jurisdic5 tion, or is of importance in the general public interest or

6 the administration of justice. The granting of such peti7 tions for appeal shall be in the discretion of the Supreme

8 Court of the District of Columbia. The Supreme Court

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

10 reasons for denial of petitions for appeal.

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

12 the Supreme Court of the District of Columbia shall give

13 judgment after an examination of the record without re14 gard to errors or defects which do not affect the substan15 tial rights of the parties.

16 ‘‘§ 11–623. Certification of questions of law.

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

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

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

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

21 appellate court of any State, if—

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

23 of the case pending in such a court; and

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

25 such question of law in the decisions of the District
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1 of Columbia Court of Appeals or the Supreme Court

2 of the District of Columbia.

3 ‘‘(b) This section may be invoked by an order of any

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

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

6 case.

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

8 ‘‘(1) describe the question of law to be an9 swered;

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

11 the question certified and the nature of the con12 troversy in which the questions arose; and

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

14 the District of Columbia contain the original or cop15 ies of the record of the case in question or of any

16 portion of such record as the Supreme Court of the

17 District of Columbia considers necessary to deter18 mine the questions of law which are the subject of

19 the motion.

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

21 docketed before the Supreme Court of the District of Co22 lumbia and shall be equally divided between the parties

23 unless precluded by statute or by order of the certifying

24 court.
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1 ‘‘(e) The written opinion of the Supreme Court of the

2 District of Columbia stating the law governing any ques3 tions certified under subsection (a) shall be sent by the

4 clerk to the certifying court and to the parties.

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

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

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

8 pending in the Supreme Court of the District of Columbia

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

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

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

12 Court of the District of Columbia—

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

14 of the case pending in the Supreme Court of the

15 District of Columbia or the District of Columbia

16 Court of Appeals; and

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

18 such question of law in the decisions of the appellate

19 courts of the State to which the order of certification

20 is directed.

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

22 may prescribe the rules of procedure concerning the an23 swering and certification of questions of law under this

24 section.
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1 ‘‘SUBCHAPTER III. MISCELLANEOUS

2 PROVISIONS.

3 ‘‘§ 11–641. Contempt powers.

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

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

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

7 disobedience of an order or for contempt committed in the

8 presence of the court.

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

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

11 of Columbia and each employee of the court authorized

12 by the chief justice may administer oaths and affirmations

13 and take acknowledgments.

14 ‘‘§ 11–643. Rules of court.

15 ‘‘The Supreme Court of the District of Columbia

16 shall conduct its business in accordance with such rules

17 and procedures as the court shall adopt.

18 ‘‘§ 11–644. Judicial conference.

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

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

2 District of Columbia. Each justice and judge summoned,

3 unless excused by the chief justice of the Supreme Court

4 of the District of Columbia, shall attend throughout the

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

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

10 SEC. 102. TRANSITION PROVISIONS.

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

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

16 of the District of Columbia Court of Appeals shall

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

18 was appointed as the chief justice of the Supreme

19 Court of the District of Columbia and the associate

20 judges of the District of Columbia Court of Appeals

21 shall serve the remainder of the respective terms to

22 which they were appointed as associate justices of

23 the Supreme Court of the District of Columbia. The

24 Supreme Court of the District of Columbia shall

25 conform to the numerical requirements of section
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1 11–602 of the D.C. Code through attrition. Vacan2 cies in the offices of chief judge and associate judge

3 of the District of Columbia Court of Appeals shall

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

5 the D.C. Code.

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

7 of Appeals may serve the remainder of the term to

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

9 court by providing written notice to the chief judge

10 of the District of Columbia Court of Appeals not less

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

12 Act.

13 (b) TRANSITION PERIOD FOR THE SUPREME COURT

14 OF THE DISTRICT OF COLUMBIA.—

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

16 the District of Columbia Court of Appeals together

17 with 2 other judges of such court and the chief

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

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

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

24 facilities, and the purchase of necessary equipment

25 and supplies.
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1 (2) Not more than 120 days after the date of

2 the enactment of this Act, the committee referred to

3 in paragraph (1) shall submit to the Subcommittee

4 on Government Efficiency, Federalism, and the Dis5 trict of Columbia of the Committee on Governmental

6 Affairs of the Senate and the Committee on the Dis7 trict of Columbia of the House of Representatives a

8 transition report, consistent with this Act, regarding

9 the establishment of the Supreme Court of the Dis10 trict of Columbia and the filling of vacancies on the

11 District of Columbia Court of Appeals resulting

12 from the elevation of the judges of such Court to po13 sitions on the Supreme Court of the District of Co14 lumbia pursuant to subsection (a).

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

16 of the enactment of this Act.

17 SEC. 103. CONFORMING AND OTHER AMENDMENTS.

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

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

20 Self-Government and Governmental Reorganization

21 Act is amended—

22 (A) in the first sentence by inserting ‘‘Su23 preme Court of the District of Columbia,’’ after

24 ‘‘vested in the’’; and
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1 (B) by adding after the fourth sentence the

2 following: ‘‘The Supreme Court of the District

3 of Columbia has jurisdiction of appeals from

4 the District of Columbia Court of Appeals and

5 of cases certified to the Supreme Court under

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

7 (2) Section 431 of such Act is further amended

8 in subsections (b), (c), and (g)—

9 (A) by inserting ‘‘chief justice or’’ before

10 ‘‘chief judge’’ each place it appears;

11 (B) by inserting ‘‘justice or’’ before

12 ‘‘judge’’ each place it appears;

13 (C) by inserting ‘‘justices or’’ before

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

15 (D) by inserting ‘‘chief justice’s or’’ before

16 ‘‘chief judge’s’’ each place it appears.

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

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

19 ‘‘judge’’ each place it appears;

20 (B) by striking ‘‘District of Columbia

21 Court of Appeals’’ each place it appears and in22 serting ‘‘Supreme Court of the District of Co23 lumbia’’; and

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

25 which would be a felony in the District’’ and in-
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1 serting ‘‘law or the laws of the District of Co2 lumbia’’.

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

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

5 AND’’ before ‘‘JUDGES’’;

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

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

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

9 ‘‘judge’’ each place it appears.

10 (5) Section 434 of such Act is amended in sub11 sections (b)(3) and (d)—

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

13 ‘‘judge’’ each place it appears;

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

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

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

17 ‘‘judge’s’’ each place it appears.

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

19 CODE.—

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

21 by redesignating subparagraphs (A) and (B) as sub22 paragraphs (B) and (C), respectively, and by adding

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

24 following:
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1 ‘‘(A) The Supreme Court of the District of Co2 lumbia.’’.

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

4 read as follows:

5 ‘‘§ 11–102. Status of Supreme Court of the District of

6 Columbia.

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

8 Supreme Court of the District of Columbia. Final judg9 ments, orders, and decrees of the Supreme Court of the

10 District of Columbia and of the District of Columbia

11 Court of Appeals where review is denied by the Supreme

12 Court of the District of Columbia are reviewable by the

13 Supreme Court of the United States in accordance with

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

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

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

17 is amended to read as follows:

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

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

19 CODE.—

20 (1) Chapter 7 of title 11, D.C. Code, is amend21 ed by striking sections 11–707, 11–723, and 11–744

22 and by striking the items relating to such sections

23 in the table of contents of such chapter.

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

25 by striking ‘‘$500’’ and inserting ‘‘$2,500’’.
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1 (3) Section 11–708, D.C. Code, is amended by

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

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

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

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

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

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

8 striking ‘‘according to’’ and all that follows and in9 serting ‘‘in accordance with such rules and proce10 dures as it may adopt.’’.

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

12 CODE.—

13 (1) Section 11–904(b), D.C. Code, is amended

14 by striking ‘‘$500’’ and inserting ‘‘$2,500’’.

15 (2) Section 11–908(b), D.C. Code, is amended

16 to read as follows:

17 ‘‘(b) When the business of the Superior Court re18 quires, the chief judge may certify to the chief justice of

19 the Supreme Court of the District of Columbia the need

20 for an additional judge or judges as provided in section

21 11–607 and 11–707.’’.

22 (3) Section 11–910, D.C. Code, is amended by

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

24 addition, the chief judge may appoint and remove
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1 law clerks for the court, who shall serve as directed

2 by the chief judge.’’.

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

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

5 each place it appears in the second and third sen6 tences and inserting ‘‘Supreme Court of the District

7 of Columbia’’.

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

9 D.C. CODE.—

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

11 read as follows:

12 ‘‘§ 11–1501. Appointment and qualifications of judges.

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

14 District of Columbia Self-Government and Governmental

15 Reorganization Act, the President shall nominate, from

16 the list of persons recommended by the District of Colum17 bia Judicial Nomination Commission established under

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

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

20 the District of Columbia courts.

21 ‘‘(b) No person may be nominated or appointed a jus22 tice or judge of a District of Columbia court unless that

23 person—

24 ‘‘(1) is a citizen of the United States;
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1 ‘‘(2) is an active member of the unified District

2 of Columbia Bar and has been engaged in the active

3 practice of law in the District for the five years im4 mediately preceding nomination or for such five

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

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

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

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

9 Columbia government;

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

11 Columbia and has maintained an actual place of

12 abode in the District for at least 90 days imme13 diately prior to nomination, and shall retain such

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

15 except judges appointed prior to December 23,

16 1973, who retain residency in Montgomery or Prince

17 Georges Counties in Maryland, Arlington or Fairfax

18 Counties (or any cities within the outer boundaries

19 thereof) or the city of Alexandria in Virginia shall

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

21 eligible for reappointment or to serve any term to

22 which reappointed;

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

24 nomination and appointment, by the District of Co25 lumbia Judicial Nomination Commission; and
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1 ‘‘(5) has not served, within a period of 2 years

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

3 Columbia Commission on Judicial Disabilities and

4 Tenure or of the District of Columbia Judicial Nom5 ination Commission.’’.

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

7 amended by striking the period at the end of the

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

9 that a retired judge may not serve or perform judi10 cial duties on the Supreme Court of the District of

11 Columbia.’’.

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

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

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

15 Columbia on which the judge serves.’’.

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

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

18 new section:

19 ‘‘§ 11–1506. Definitions.

20 ‘‘For purposes of this chapter—

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

22 Supreme Court of the District of Columbia, or any

23 judge of the District of Columbia Court of Appeals

24 or the Superior Court; and
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1 ‘‘(2) the term ‘chief judge’ means the chief jus2 tice of the Supreme Court of the District of Colum3 bia, or the chief judges of the District of Columbia

4 Court of Appeals or the Superior Court, as appro5 priate.’’.

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

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

8 each place it appears and inserting ‘‘Supreme Court

9 of the District of Columbia’’.

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

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

12 Court of the District of Columbia or’’ after ‘‘ele13 vation to’’.

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

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

16 and inserting ‘‘Supreme Court of the District of Co17 lumbia’’.

18 (8) Section 11–1561, D.C. Code, is amended—

19 (A) in paragraph (1), by inserting ‘‘any

20 justice of the Supreme Court of the District of

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

22 (B) in paragraph (2), by inserting ‘‘a jus23 tice in the Supreme Court of the District of Co24 lumbia,’’ before ‘‘a judge’’.
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1 (9) The table of sections for subchapter I of

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

3 adding at the end the following:

‘‘11–1506. Definitions.’’.

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

5 D.C. CODE.—

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

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

8 follows:

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

10 Administration in the District of Columbia (hereafter in

11 this chapter referred to as the ‘Joint Committee’) consist12 ing (during the first 3 fiscal years that begin after the

13 date of the enactment of the District of Columbia Judicial

14 Reorganization Act of 1993) of the chief justice of the Su15 preme Court of the District of Columbia (who shall serve

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

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

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

19 of Columbia and two additional judges of such court.’’;

20 (B) in subsection (b)—

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

22 as follows:

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

24 report of the District of Columbia court system re25 garding the work of the courts, the performance of
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1 the duties enumerated in this chapter, and any rec2 ommendations relating to the courts.’’, and

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

4 and redesignating paragraphs (7) and (8)

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

6 (C) in subsection (c)—

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

8 as follows:

9 ‘‘(2) formulate and enforce standards for out10 side activities of and receipt of compensation by the

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

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

13 and institute such changes’’ and all that

14 follows through ‘‘justice’’,

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

16 paragraph (3),

17 (iv) by striking the period at the end

18 of paragraph (4) and inserting a semi19 colon, and

20 (v) by adding at the end the following

21 new paragraphs:

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

23 Supreme Court of the District of Columbia, the Dis24 trict of Columbia Court of Appeals, and the Superior

25 Court to the Mayor of the District of Columbia as
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1 part of the integrated budget of the District of Co2 lumbia court system, except that any such request

3 may be modified upon the concurrence of 5 of the

4 7 members of the Joint Committee; and

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

6 the Supreme Court of the District of Columbia and

7 the respective chief judges of the other District of

8 Columbia courts, prepare and implement other poli9 cies and practices for the District of Columbia court

10 system and resolve other matters which may be of

11 joint and mutual concern of the Supreme Court of

12 the District of Columbia, the District of Columbia

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

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

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

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

17 (B) by redesignating subsections (a) and

18 (b) as subsections (b) and (c); and

19 (C) by inserting before subsection (b) the

20 following new subsection:

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

22 District of Columbia, in addition to the authority con23 ferred by chapter 6 of this title, shall supervise the inter24 nal administration of that court—
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1 ‘‘(1) including all administrative matters other

2 than those within the responsibility enumerated in

3 section 11–1701(b), and

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

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

6 consistent with the general policies and directives of the

7 Joint Committee.’’.

8 (3) Section 11–1703(a), D.C. Code, is amend9 ed—

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

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

12 (B) in the fourth sentence, by striking

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

14 Columbia Court of Appeals and the chief judge

15 of the Superior Court of the District of Colum16 bia’’.

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

18 amending the matter following the heading to read

19 as follows:

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

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

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

23 be responsible for the daily operations of that court and

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

25 Appeals.
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1 ‘‘(b) The Superior Court of the District of Columbia

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

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

4 be responsible for the daily operations of that court.

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

6 shall receive a level of compensation, including retirement

7 benefits, determined by the Joint Committee on Judicial

8 Administration, except that such level may not exceed the

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

10 (5) Section 11–1730(a), D.C. Code, is amend11 ed—

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

13 ‘‘Justices and judges’’;

14 (B) by inserting ‘‘11–609,’’ after ‘‘sec15 tions’’; and

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

17 ‘‘respective’’.

18 (6) Section 11–1731, D.C. Code, is amended—

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

20 inserting ‘‘, the chief justice, or the chief

21 judges’’;

22 (B) in paragraph (7), by striking ‘‘the Dis23 trict of Columbia Bail Agency’’ and inserting

24 ‘‘the District of Columbia Pre-trial Services

25 Agency’’;
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1 (C) by inserting ‘‘and’’ at the end of para2 graph (9); and

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

4 and inserting the following:

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

6 (7) Section 11–1741, D.C. Code, is amended—

7 (A) by amending the matter preceding

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

9 District of Columbia courts, and subject to the

10 supervision of the chief justice of the Supreme

11 Court of the District of Columbia (acting in

12 consultation with the chief judge of the District

13 of Columbia Court of Appeals and the chief

14 judge of the Superior Court of the District of

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

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

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

18 (7), and (9);

19 (C) by striking ‘‘and’’ at the end of para20 graph (8);

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

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

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

24 ‘‘(10) be responsible for the allocation, negotia25 tion for, and provision of space in the courts.’’.
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1 (8) Section 11–1745(b)(2), D.C. Code, is

2 amended by striking ‘‘Commissioner’’ and inserting

3 ‘‘Mayor’’.

4 (9) Section 11–1747, D.C. Code, is amended by

5 striking ‘‘him’’ and inserting ‘‘the Executive Offi6 cer’’.

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

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

9 amending the item relating to section 11–1702 to

10 read as follows:

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

11 (g) AMENDMENTS TO CHAPTER 25 OF TITLE 11,

12 D.C. CODE.—

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

14 (A) by striking ‘‘District of Columbia

15 Court of Appeals’’ each place it appears and in16 serting ‘‘Supreme Court of the District of

17 Columbia’’; and

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

19 follows:

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

21 Court of Appeals in good standing on the effective date

22 of title I of the District of Columbia Judicial Reorganiza23 tion Act of 1993 shall be automatically enrolled as mem24 bers of the bar of the Supreme Court of the District of
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1 Columbia, and shall be subject to its disciplinary jurisdic2 tion.’’.

3 (2) Section 11–2502, D.C. Code, is amended by

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

5 and inserting ‘‘Supreme Court of the District of

6 Columbia’’.

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

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

9 and inserting ‘‘Supreme Court of the District of

10 Columbia’’.

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

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

13 and inserting ‘‘other courts of the District of Colum14 bia’’.

15 (h) AMENDMENT TO CHAPTER 26 OF TITLE 11, D.C.

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

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

18 (i) AMENDMENT TO CHAPTER 3 OF TITLE 13, D.C.

19 CODE.—Section 13–302, D.C. Code, is amended by insert20 ing ‘‘the Supreme Court of the District of Columbia,’’

21 after ‘‘process of’’.

22 (j) AMENDMENTS TO CHAPTER 3 OF TITLE 17, D.C.

23 CODE.—

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

25 17, D.C. Code, is amended to read as follows: ‘‘SU-
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1 PREME COURT OF THE DISTRICT OF COLUMBIA AND

2 DISTRICT OF COLUMBIA COURT OF APPEALS.’’.

3 (2) Section 17–302, D.C. Code, is amended by

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

5 each place it appears and inserting ‘‘Supreme Court

6 of the District of Columbia’’.

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

8 adding at the end the following new subsection:

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

10 shall apply the same standards regarding the scope of re11 view and the reversal of judgment as the District of Co12 lumbia Court of Appeals applies under subsections (a) and

13 (b).’’.

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

15 inserting ‘‘Supreme Court of the District of Colum16 bia or the’’ before ‘‘District’’.

17 (k) AMENDMENT TO TITLE 5, UNITED STATES

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

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

20 ‘‘the chief justice and the associate justices of the Su21 preme Court of the District of Columbia and the chief

22 judges’’.

23 (l) AMENDMENTS TO TITLE 18, UNITED STATES

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

25 Code, is amended in the second sentence by striking ‘‘the
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1 Superior Court’’ and all that follows and inserting ‘‘the

2 Supreme Court of the District of Columbia, the District

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

4 the District of Columbia.’’.

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

6 is amended by inserting ‘‘the Supreme Court of the Dis7 trict of Columbia,’’ before ‘‘the District of Columbia Court

8 of Appeals,’’.

9 (m) AMENDMENTS TO TITLE 28, UNITED STATES

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

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

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

13 of Columbia’’.

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

15 amended by striking ‘‘District of Columbia Court of Ap16 peals’’ and inserting ‘‘Supreme Court of the District of

17 Columbia’’.

18 SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

19 (a) IN GENERAL.—In addition to any other sums au20 thorized to be appropriated to the District of Columbia,

21 there are authorized to be appropriated to the District of

22 Columbia for costs incurred by the District of Columbia

23 in implementing the amendments made by sections 101

24 and 103 and in carrying out section 102 the following

25 amounts:
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1 (1) $1,200,000 for fiscal year 1994.

2 (2) $5,000,000 for fiscal year 1995.

3 (3) $4,000,000 for fiscal year 1996.

4 (4) $3,000,000 for fiscal year 1997.

5 (5) $2,000,000 for fiscal year 1998.

6 (6) $1,000,000 for fiscal year 1999.

7 (b) AVAILABILITY OF FUNDS.—Funds appropriated

8 pursuant to the authorization referred to in subsection (a)

9 shall remain available to the District of Columbia until

10 expended.

11 SEC. 105. EFFECTIVE DATE.

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

13 amendments made by this title shall take effect 6 months

14 after the date of enactment of this Act.

15 TITLE II—JUDGES OF THE DIS16 TRICT OF COLUMBIA COURTS

17 SEC. 201. DESIGNATION OF CHIEF JUDGE.

18 Section 11–1503(a), D.C. Code, is amended to read

19 as follows:

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

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

22 shall be designated by the District of Columbia Judicial

23 Nomination Commission from among the judges of the

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

25 for a term of 4 years or until a successor is designated,
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1 and shall be eligible for redesignation. A judge may relin2 quish the position of chief judge, after giving notice to the

3 District of Columbia Judicial Nomination Commission.

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

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

6 District of Columbia shall be appointed in accordance with

7 section 102(a) of the District of Columbia Judicial Reor8 ganization Act of 1993.’’.

9 SEC. 202. COMPOSITION OF SUPERIOR COURT OF THE DIS10 TRICT OF COLUMBIA.

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

12 (1) effective October 1, 1993, by striking ‘‘fifty13 eight’’ and inserting ‘‘sixty’’; and

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

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

16 SEC. 203. STUDY OF FEASIBILITY OF ESTABLISHING DIS17 TRICT OF COLUMBIA NIGHT COURT.

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

19 Columbia courts shall conduct a study of the feasibility

20 and desirability of establishing a District of Columbia

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

22 District of Columbia.

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

24 of the enactment of this Act, the Executive Officer shall

25 submit a report on the study conducted under subsection
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1 (a) to the Joint Committee on Judicial Administration in

2 the District of Columbia, which shall forward the study

3 together with any comments and recommendations to Con4 gress not later than 180 days after the date of the enact5 ment of this Act.

6 SEC. 204. EFFECTIVE DATE.

7 Except as provided in section 202, the amendments

8 made by sections 201 and 202 shall take effect on the

9 date of the enactment of this Act.

10 TITLE III—SEVERABILITY

11 If any particular provision of this Act, or the applica12 tion thereof to any person or circumstance, is held invalid,

13 the remainder of this Act and the application of such pro14 vision to other persons or circumstances shall not be af15 fected thereby.

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