Union Calendar No. 99

103D CONGRESS

1ST SESSION H. R. 1633

[Report No. 103–176]

A BILL

To create a Supreme Court for the District of

Columbia, and for other purposes.

JULY 13, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 99

103D CONGRESS

1ST SESSION H. R. 1633

[Report No. 103–176]

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

JULY 13, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on April 1, 1993]

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.
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1 ‘‘SUBCHAPTER I. ESTABLISHMENT AND

2 ORGANIZATION.

3 ‘‘§ 11–601. Establishment; court of record; seal.

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

5 (hereafter in this chapter referred to as ‘the court’) is hereby

6 established as a court of record in the District of Columbia.

7 ‘‘(b) The court shall have a seal.

8 ‘‘§ 11–602. Composition.

9 ‘‘The court shall consist of a chief justice and 6 associ10 ate justices.

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

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

13 serve in accordance with chapter 15 of this title.

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

15 rate prescribed by law for judges of the United States Court

16 of Appeals. The chief justice shall receive $500 per year in

17 addition to the salary of other justices of the court.

18 ‘‘§ 11–604. Oath of justices.

19 ‘‘Each justice, when appointed, shall take the oath pre20 scribed for judges of courts of the United States.

21 ‘‘§ 11–605. Term; hearings; quorum.

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

23 period as it may determine.

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

25 cases and controversies, except that the court may sit in
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1 divisions of 3 justices to hear and determine cases and con2 troversies certified for review under section 11–621 if the

3 court determines that subsection (b)(2) of such section is

4 the exclusive basis for such certification. The court in banc

5 for a hearing shall consist of the justices of the court in

6 regular active service.

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

8 a quorum.

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

10 a majority of the justices of the court in regular active serv11 ice. The court in banc for a rehearing shall consist of the

12 justices of the court in regular active service.

13 ‘‘§ 11–606. Absence, disability, or disqualification of

14 justices; vacancies.

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

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

17 and be performed by such associate justice as the chief jus18 tice may designate in writing. In the event that the chief

19 justice is (1) disqualified or suspended, or (2) unable or

20 fails to make such a designation, such duties shall devolve

21 upon and be performed by the associate justices of the court

22 according to the seniority of their original commissions.

23 ‘‘(b) A chief justice whose term as chief justice has ex24 pired shall continue to serve until redesignated or until a

25 successor has been designated. When there is a vacancy in
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1 the position of chief justice the position shall be filled tempo2 rarily as provided in the second sentence of subsection (a).

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

4 from other courts of the District of Colum5 bia.

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

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

8 the chief justice of the Supreme Court of the District of Co9 lumbia may designate and assign temporarily one or more

10 justices of the Supreme Court of the District of Columbia

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

12 of Columbia to serve on the District of Columbia Court of

13 Appeals or a division thereof whenever the business of the

14 District of Columbia Court of Appeals so requires. Such des15 ignations or assignments shall be in conformity with the

16 rules or orders of the District of Columbia Court of Appeals.

17 ‘‘(b) Upon presentation of a certificate of necessity by

18 the chief judge of the Superior Court of the District of Co19 lumbia, the chief justice of the Supreme Court of the Dis20 trict of Columbia may designate and assign temporarily

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

22 of Columbia or one or more judges of the District of Colum23 bia Court of Appeals to serve as a judge of the Superior

24 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 sec3 retary. The chief justice may appoint and remove not more

4 than three personal law clerks, and each associate justice

5 may appoint and remove not more than two personal law

6 clerks. In addition, the chief justice may appoint and re7 move law clerks for the court and law clerks and secretaries

8 for the senior justices. The law clerks appointed for the court

9 shall serve as directed by the chief justice.

10 ‘‘§ 11–609. Reports.

11 ‘‘Each justice shall submit to the chief justice such re12 ports and data as the chief justice may request.

13 ‘‘SUBCHAPTER II. JURISDICTION.

14 ‘‘§ 11–621. Certification to the Supreme Court of the

15 District of Columbia.

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

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

18 Court of Appeals, the Supreme Court of the District of Co19 lumbia, by order of the Supreme Court sua sponte, or, in

20 its discretion, on motion of the District of Columbia Court

21 of Appeals or of any party, may certify the case or class

22 of cases for review by the Supreme Court before it has been

23 determined by the District of Columbia Court of Appeals.

24 The effect of such certification shall be to transfer jurisdic25 tion over the case or class of cases to the Supreme Court

26 of the District of Columbia for all purposes.
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1 ‘‘(b) Such certification may be made only if not less

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

3 of Columbia determine that—

4 ‘‘(1) the case or class of cases involves a question

5 that is novel or difficult or is of importance in the

6 general public interest or the administration of jus7 tice; or

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

9 District of Columbia Court of Appeals on the effective

10 date of this section and, because the justices of the Su11 preme Court of the District of Columbia were famil12 iar with the case or class of cases while serving as

13 judges of the District of Columbia Court of Appeals,

14 the sound and efficient administration of justice dic15 tates that the case or class of cases be certified for re16 view by the Supreme Court of the District of Colum17 bia.

18 ‘‘§ 11–622. Review by the Supreme Court of the District

19 of Columbia.

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

21 District of Columbia Court of Appeals may petition the Su22 preme Court of the District of Columbia for an appeal.

23 Such a petition may be granted and appeal be heard by

24 the Supreme Court of the District of Columbia only upon

25 the affirmative vote of not less than 3 of the justices that
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1 the matter involves a question that is novel or difficult, is

2 the subject of conflicting authorities within the jurisdiction,

3 or is of importance in the general public interest or the

4 administration of justice. The granting of such petitions for

5 appeal shall be in the discretion of the Supreme Court of

6 the District of Columbia. The Supreme Court of the District

7 of Columbia shall not be required to state reasons for denial

8 of petitions for appeal.

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

10 the Supreme Court of the District of Columbia shall give

11 judgment after an examination of the record without regard

12 to errors or defects which do not affect the substantial rights

13 of the parties.

14 ‘‘§ 11–623. Certification of questions of law.

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

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

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

18 a Court of Appeals of the United States, or the highest ap19 pellate court of any State, if—

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

21 of the case pending in such a court; and

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

23 such question of law in the decisions of the District

24 of Columbia Court of Appeals or the Supreme Court

25 of the District of Columbia.
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1 ‘‘(b) This section may be invoked by an order of any

2 of the courts referred to in subsection (a) upon such court’s

3 motion or upon the motion of any party to the case.

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

5 ‘‘(1) describe the question of law to be answered;

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

7 the question certified and the nature of the con8 troversy in which the questions arose; and

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

10 the District of Columbia contain the original or cop11 ies of the record of the case in question or of any por12 tion of such record as the Supreme Court of the Dis13 trict of Columbia considers necessary to determine the

14 questions of law which are the subject of the motion.

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

16 docketed before the Supreme Court of the District of Colum17 bia and shall be equally divided between the parties unless

18 precluded by statute or by order of the certifying court.

19 ‘‘(e) The written opinion of the Supreme Court of the

20 District of Columbia stating the law governing any ques21 tions certified under subsection (a) shall be sent by the clerk

22 to the certifying court and to the parties.

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

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

25 Court of Appeals, or the motion of any party to a case pend-
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1 ing in the Supreme Court of the District of Columbia or

2 the District of Columbia Court of Appeals, may order cer3 tification of a question of law of another State to the highest

4 court of such State if, in the view of the Supreme Court

5 of the District of Columbia—

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

7 of the case pending in the Supreme Court of the Dis8 trict of Columbia or the District of Columbia Court

9 of Appeals; and

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

11 such question of law in the decisions of the appellate

12 courts of the State to which the order of certification

13 is directed.

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

15 may prescribe the rules of procedure concerning the answer16 ing and certification of questions of law under this section.

17 ‘‘SUBCHAPTER III. MISCELLANEOUS PROVISIONS.

18 ‘‘§ 11–641. Contempt powers.

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

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

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

22 disobedience of an order or for contempt committed in the

23 presence of the court.
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1 ‘‘§ 11–642. Oaths, affirmations, and acknowledgments.

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

3 Columbia and each employee of the court authorized by the

4 chief justice may administer oaths and affirmations and

5 take acknowledgments.

6 ‘‘§ 11–643. Rules of court.

7 ‘‘The Supreme Court of the District of Columbia shall

8 conduct its business in accordance with such rules and pro9 cedures as the court shall adopt.

10 ‘‘§ 11–644. Judicial conference.

11 ‘‘The chief justice of the Supreme Court of the District

12 of Columbia shall summon annually the justices and active

13 judges of the District of Columbia courts to a conference

14 at a time and place that the chief justice designates, for

15 the purpose of advising as to means of improving the ad16 ministration of justice within the District of Columbia. The

17 chief justice shall preside at such conference which shall be

18 known as the Judicial Conference of the District of Colum19 bia. Each justice and judge summoned, unless excused by

20 the chief justice of the Supreme Court of the District of Co21 lumbia, shall attend throughout the conference. The Su22 preme Court of the District of Columbia shall provide by

23 its rules for representation of and active participation by

24 members of the unified District of Columbia Bar and other

25 persons active in the legal profession at such conference.’’.
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1 SEC. 102. TRANSITION PROVISIONS.

2 (a) ELEVATION OF JUDGES OF THE DISTRICT OF CO3 LUMBIA COURT OF APPEALS AS JUSTICES OF THE SU4 PREME COURT OF THE DISTRICT OF COLUMBIA.—

5 (1) Except as provided in paragraph (2), begin6 ning on the effective date of this title the chief judge

7 of the District of Columbia Court of Appeals shall

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

9 was appointed as the chief justice of the Supreme

10 Court of the District of Columbia and the associate

11 judges of the District of Columbia Court of Appeals

12 shall serve the remainder of the respective terms to

13 which they were appointed as associate justices of the

14 Supreme Court of the District of Columbia. The Su15 preme Court of the District of Columbia shall conform

16 to the numerical requirements of section 11–602 of the

17 D.C. Code through attrition. Vacancies in the offices

18 of chief judge and associate judge of the District of

19 Columbia Court of Appeals shall be filled in accord20 ance with chapter 15 of title 11 of the D.C. Code.

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

22 of Appeals may serve the remainder of the term to

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

24 court by providing written notice to the chief judge of

25 the District of Columbia Court of Appeals not less
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1 than 30 days after the date of the enactment of this

2 Act.

3 (b) TRANSITION PERIOD FOR THE SUPREME COURT

4 OF THE DISTRICT OF COLUMBIA.—

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

6 the District of Columbia Court of Appeals together

7 with 2 other judges of such court and the chief judge

8 of the Superior Court of the District of Columbia to9 gether with 2 other judges of such court shall be re10 sponsible for the administration of the period of tran11 sition prior to the establishment of the Supreme Court

12 of the District of Columbia, including the hiring of

13 necessary staff, the preparation of facilities, and the

14 purchase of necessary equipment and supplies.

15 (2) Not more than 120 days after the date of the

16 enactment of this Act, the committee referred to in

17 paragraph (1) shall submit to the Subcommittee on

18 Government Efficiency, Federalism, and the District

19 of Columbia of the Committee on Governmental Af20 fairs of the Senate and the Committee on the District

21 of Columbia of the House of Representatives a transi22 tion report, consistent with this Act, regarding the es23 tablishment of the Supreme Court of the District of

24 Columbia and the filling of vacancies on the District

25 of Columbia Court of Appeals resulting from the ele-
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1 vation of the judges of such Court to positions on the

2 Supreme Court of the District of Columbia pursuant

3 to subsection (a).

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

5 of the enactment of this Act.

6 SEC. 103. CONFORMING AND OTHER AMENDMENTS.

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

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

9 Self-Government and Governmental Reorganization

10 Act is amended—

11 (A) in the first sentence by inserting ‘‘Su12 preme Court of the District of Columbia,’’ after

13 ‘‘vested in the’’; and

14 (B) by adding after the fourth sentence the

15 following: ‘‘The Supreme Court of the District of

16 Columbia has jurisdiction of appeals from the

17 District of Columbia Court of Appeals and of

18 cases certified to the Supreme Court under sec19 tion 11–621(a), District of Columbia Code.’’.

20 (2) Section 431 of such Act is further amended—

21 (A) in subsection (b)—

22 (i) by inserting ‘‘chief justice or’’ before

23 ‘‘chief judge’’ each place it appears,

24 (ii) by striking ‘‘term as a judge’’ and

25 inserting ‘‘term as a justice or judge’’, and
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1 (iii) by inserting ‘‘chief justice’s or’’

2 before ‘‘chief judge’s’’ each place it appears;

3 (B) in subsections (b) and (g), by inserting

4 ‘‘justices or’’ before ‘‘judges’’ each place it ap5 pears; and

6 (C) in subsections (c) and (g), by inserting

7 ‘‘justice or’’ before ‘‘judge’’ each place it appears.

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

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

10 each place it appears;

11 (B) by striking ‘‘District of Columbia Court

12 of Appeals’’ each place it appears and inserting

13 ‘‘Supreme Court of the District of Columbia’’;

14 and

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

16 which would be a felony in the District’’ and in17 serting ‘‘law or the laws of the District of Colum18 bia’’.

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

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

21 AND’’ before ‘‘JUDGES’’;

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

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

24 (C) by inserting ‘‘justice or’’ before ‘‘judge’’

25 each place it appears.
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1 (5) Section 434 of such Act is amended in sub2 sections (b)(3) and (d)—

3 (A) by inserting ‘‘justice or’’ before ‘‘judge’’

4 each place it appears;

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

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

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

8 ‘‘judge’s’’ each place it appears.

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

10 CODE.—

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

12 redesignating subparagraphs (A) and (B) as subpara13 graphs (B) and (C), respectively, and by adding be14 fore subparagraph (B) (as so redesignated) the follow15 ing:

16 ‘‘(A) The Supreme Court of the District of

17 Columbia.’’.

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

19 read as follows:

20 ‘‘§ 11–102. Status of Supreme Court of the District of

21 Columbia.

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

23 Supreme Court of the District of Columbia. Final judg24 ments, orders, and decrees of the Supreme Court of the Dis25 trict of Columbia and of the District of Columbia Court
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1 of Appeals where review is denied by the Supreme Court

2 of the District of Columbia are reviewable by the Supreme

3 Court of the United States in accordance with section 1257

4 of title 28, United States Code.’’.

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

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

7 is amended to read as follows:

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

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

9 CODE.—

10 (1) Chapter 7 of title 11, D.C. Code, is amended

11 by striking sections 11–707, 11–723, and 11–744 and

12 by striking the items relating to such sections in the

13 table of contents of such chapter.

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

15 striking ‘‘the rate prescribed by law for judges of the

16 United States courts of appeals.’’ and inserting the

17 following: ‘‘a rate equal to the average of the com18 pensation provided for judges of the Supreme Court

19 of the District of Columbia under section 11–603 and

20 the compensation provided for judges of the Superior

21 Court of the District of Columbia under section 11–

22 904(b).’’.

23 (3) Section 11–708, D.C. Code, is amended by

24 striking ‘‘not more than three law clerks for the
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1 court.’’ and inserting ‘‘law clerks for the court and

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

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

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

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

6 striking ‘‘according to’’ and all that follows and in7 serting ‘‘in accordance with such rules and procedures

8 as it may adopt.’’.

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

10 CODE.—

11 (1) Section 11–908(b), D.C. Code, is amended to

12 read as follows:

13 ‘‘(b) When the business of the Superior Court requires,

14 the chief judge may certify to the chief justice of the Su15 preme Court of the District of Columbia the need for an

16 additional judge or judges as provided in section 11–607

17 and 11–707.’’.

18 (2) Section 11–910, D.C. Code, is amended by

19 adding at the end the following new sentence: ‘‘In ad20 dition, the chief judge may appoint and remove law

21 clerks for the court, who shall serve as directed by the

22 chief judge.’’.

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

24 striking ‘‘District of Columbia Court of Appeals’’ each

25 place it appears in the second and third sentences
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1 and inserting ‘‘Supreme Court of the District of

2 Columbia’’.

3 (e) AMENDMENTS TO CHAPTER 15 OF TITLE 11, D.C.

4 CODE.—

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

6 read as follows:

7 ‘‘§ 11–1501. Appointment and qualifications of judges.

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

9 District of Columbia Self-Government and Governmental

10 Reorganization Act, the President shall nominate, from the

11 list of persons recommended by the District of Columbia

12 Judicial Nomination Commission established under section

13 434 of such Act, and, by and with the advice and consent

14 of the Senate, appoint all justices and judges of the District

15 of Columbia courts.

16 ‘‘(b) No person may be nominated or appointed a jus17 tice or judge of a District of Columbia court unless that

18 person—

19 ‘‘(1) is a citizen of the United States;

20 ‘‘(2) is an active member of the unified District

21 of Columbia Bar and has been engaged in the active

22 practice of law in the District for the five years im23 mediately preceding nomination or for such five years

24 has served as a judge of the United States or the Dis25 trict of Columbia, has been on the faculty of a law
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1 school in the District, or has been employed as a law2 yer by the United States or the District of Columbia

3 government;

4 ‘‘(3) is a bona fide resident of the District of Co5 lumbia and has maintained an actual place of abode

6 in the District for at least 90 days immediately prior

7 to nomination, and shall retain such residency as

8 long as he or she serves as such judge, except judges

9 appointed prior to December 23, 1973, who retain

10 residency in Montgomery or Prince Georges Counties

11 in Maryland, Arlington or Fairfax Counties (or any

12 cities within the outer boundaries thereof) or the city

13 of Alexandria in Virginia shall not be required to be

14 residents of the District to be eligible for reappoint15 ment or to serve any term to which reappointed;

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

17 nomination and appointment, by the District of Co18 lumbia Judicial Nomination Commission; and

19 ‘‘(5) has not served, within a period of 2 years

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

21 Columbia Commission on Judicial Disabilities and

22 Tenure or of the District of Columbia Judicial Nomi23 nation Commission.’’.

24 (2) Section 11–1504(a)(1), D.C. Code, is amend25 ed by striking the period at the end of the first sen-
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1 tence and inserting the following: ‘‘, except that a re2 tired judge may not serve or perform judicial duties

3 on the Supreme Court of the District of Columbia.’’.

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

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

6 that follows and inserting ‘‘court of the District of Co7 lumbia on which the judge serves.’’.

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

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

10 new section:

11 ‘‘§ 11–1506. Definitions.

12 ‘‘For purposes of this chapter—

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

14 Supreme Court of the District of Columbia, or any

15 judge of the District of Columbia Court of Appeals or

16 the Superior Court; and

17 ‘‘(2) the term ‘chief judge’ means the chief justice

18 of the Supreme Court of the District of Columbia, or

19 the chief judges of the District of Columbia Court of

20 Appeals or the Superior Court, as appropriate.’’.

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

22 striking ‘‘District of Columbia Court of Appeals’’ each

23 place it appears and inserting ‘‘Supreme Court of the

24 District of Columbia’’.
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1 (6) Section 11–1528, D.C. Code, is amended in

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

3 of the District of Columbia or’’ after ‘‘elevation to’’.

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

5 striking ‘‘District of Columbia Court of Appeals’’ and

6 inserting ‘‘Supreme Court of the District of Colum7 bia’’.

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

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

10 justice of the Supreme Court of the District of

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

12 (B) in paragraph (2), by inserting ‘‘a jus13 tice in the Supreme Court of the District of Co14 lumbia,’’ before ‘‘a judge’’.

15 (9) The table of sections for subchapter I of chap16 ter 15 of title 11, D.C. Code, is amended by adding

17 at the end the following:

‘‘11–1506. Definitions.’’.

18 (f) AMENDMENTS TO CHAPTER 17 OF TITLE 11, D.C.

19 CODE.—

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

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

22 follows:

23 ‘‘(a) There shall be a Joint Committee on Judicial Ad24 ministration in the District of Columbia (hereafter in this

25 chapter referred to as the ‘Joint Committee’) consisting
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1 (during the first 3 fiscal years that begin after the date of

2 the enactment of the District of Columbia Judicial Reorga3 nization Act of 1993) of the chief justice of the Supreme

4 Court of the District of Columbia (who shall serve as chair5 person) and two other justices of such court, the chief judge

6 of the District of Columbia Court of Appeals, and the chief

7 judge of the Superior Court of the District of Columbia and

8 two additional judges of such court.’’;

9 (B) in subsection (b)—

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

11 as follows:

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

13 report of the District of Columbia court system re14 garding the work of the courts, the performance of the

15 duties enumerated in this chapter, and any rec16 ommendations relating to the courts.’’, and

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

18 and redesignating paragraphs (7) and (8)

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

20 (C) in subsection (c)—

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

22 as follows:

23 ‘‘(2) formulate and enforce standards for outside

24 activities of and receipt of compensation by the judges

25 of the District of Columbia court system;’’,
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1 (ii) in paragraph (3), by striking ‘‘,

2 and institute such changes’’ and all that fol3 lows through ‘‘justice’’,

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

5 paragraph (3),

6 (iv) by striking the period at the end

7 of paragraph (4) and inserting a semicolon,

8 and

9 (v) by adding at the end the following

10 new paragraphs:

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

12 Supreme Court of the District of Columbia, the Dis13 trict of Columbia Court of Appeals, and the Superior

14 Court to the Mayor of the District of Columbia as

15 part of the integrated budget of the District of Colum16 bia court system, except that any such request may be

17 modified upon the concurrence of 5 of the 7 members

18 of the Joint Committee; and

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

20 the Supreme Court of the District of Columbia and

21 the respective chief judges of the other District of Co22 lumbia courts, prepare and implement other policies

23 and practices for the District of Columbia court sys24 tem and resolve other matters which may be of joint

25 and mutual concern of the Supreme Court of the Dis-
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1 trict of Columbia, the District of Columbia Court of

2 Appeals, and the Superior Court.’’.

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

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

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

6 (B) by redesignating subsections (a) and (b)

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

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

9 following new subsection:

10 ‘‘(a) The chief justice of the Supreme Court of the Dis11 trict of Columbia, in addition to the authority conferred

12 by chapter 6 of this title, shall supervise the internal ad13 ministration of that court—

14 ‘‘(1) including all administrative matters other

15 than those within the responsibility enumerated in

16 section 11–1701(b), and

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

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

19 consistent with the general policies and directives of the

20 Joint Committee.’’.

21 (3) Section 11–1703(a), D.C. Code, is amend22 ed—

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

24 and inserting ‘‘The Executive Officer’’; and
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1 (B) in the fourth sentence, by striking

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

3 Columbia Court of Appeals and the chief judge

4 of the Superior Court of the District of Colum5 bia’’.

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

7 amending the matter following the heading to read as

8 follows:

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

10 shall have a clerk appointed by the chief justice of that court

11 who shall, under the direction of the chief justice, be respon12 sible for the daily operations of that court and serve as the

13 clerk of the District of Columbia Court of Appeals.

14 ‘‘(b) The Superior Court of the District of Columbia

15 shall have a clerk appointed by the chief judge of that court

16 who shall, under the direction of the chief judge, be respon17 sible for the daily operations of that court.

18 ‘‘(c) Each such clerk appointed under this section shall

19 receive a level of compensation, including retirement bene20 fits, determined by the Joint Committee on Judicial Ad21 ministration, except that such level may not exceed the level

22 of compensation provided for the Executive Officer.’’.

23 (5) Section 11–1726, D.C. Code, is amended—

24 (A) in the first sentence, by striking ‘‘Exec25 utive Officer’’ and all that follows and inserting
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1 ‘‘Joint Committee (upon the recommendation of

2 the Executive Officer) shall fix the rates of com3 pensation of such employees.’’; and

4 (B) in the second sentence, by striking ‘‘Ex5 ecutive Officer’’ and inserting ‘‘Joint Commit6 tee’’.

7 (6) Section 11–1730(a), D.C. Code, is amend8 ed—

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

10 ‘‘Justices and judges’’;

11 (B) by inserting ‘‘11–609,’’ after ‘‘sections’’;

12 and

13 (C) by inserting ‘‘chief justice or’’ after ‘‘re14 spective’’.

15 (7) Section 11–1731, D.C. Code, is amended—

16 (A) by striking ‘‘or the chief judge’’ and in17 serting ‘‘, the chief justice, or the chief judges’’;

18 (B) in paragraph (7), by striking ‘‘the Dis19 trict of Columbia Bail Agency’’ and inserting

20 ‘‘the District of Columbia Pre-trial Services

21 Agency’’;

22 (C) by inserting ‘‘and’’ at the end of para23 graph (9); and

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

25 and inserting the following:
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1 ‘‘(10) the Department of Human Services.’’.

2 (8) Section 11–1741, D.C. Code, is amended—

3 (A) by amending the matter preceding

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

5 District of Columbia courts, and subject to the

6 supervision of the chief justice of the Supreme

7 Court of the District of Columbia (acting in con8 sultation with the chief judge of the District of

9 Columbia Court of Appeals and the chief judge

10 of the Superior Court of the District of Colum11 bia), the Executive Officer shall—’’;

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

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

14 (7), and (9);

15 (C) by striking ‘‘and’’ at the end of para16 graph (8);

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

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

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

20 ‘‘(10) be responsible for the allocation, negotia21 tion for, and provision of space in the courts.’’.

22 (9) Section 11–1745(b)(2), D.C. Code, is amend23 ed by striking ‘‘Commissioner’’ and inserting

24 ‘‘Mayor’’.
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1 (10) Section 11–1747, D.C. Code, is amended by

2 striking ‘‘him’’ and inserting ‘‘the Executive Officer’’.

3 (11) The table of sections for subchapter I of

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

5 amending the item relating to section 11–1702 to

6 read as follows:

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

courts.’’.

7 (g) AMENDMENT TO CHAPTER 21 OF TITLE 11, D.C.

8 CODE.—Section 11–2102(c), D.C. Code, is amended by

9 striking ‘‘Superior Court’’ and all that follows and insert10 ing ‘‘Joint Committee on Judicial Administration in the

11 District of Columbia in accordance with section 11–1726.’’.

12 (h) AMENDMENTS TO CHAPTER 25 OF TITLE 11, D.C.

13 CODE.—

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

15 (A) by striking ‘‘District of Columbia Court

16 of Appeals’’ each place it appears and inserting

17 ‘‘Supreme Court of the District of Columbia’’;

18 and

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

20 follows:

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

22 Court of Appeals in good standing on the effective date of

23 title I of the District of Columbia Judicial Reorganization

24 Act of 1993 shall be automatically enrolled as members of
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1 the bar of the Supreme Court of the District of Columbia,

2 and shall be subject to its disciplinary jurisdiction.’’.

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

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

5 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’’ and

9 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’’ and

13 inserting ‘‘other courts of the District of Columbia’’.

14 (i) AMENDMENT TO CHAPTER 26 OF TITLE 11, D.C.

15 CODE.—Section 11–2607, D.C. Code, is amended by strik16 ing ‘‘Commissioner’’ and inserting ‘‘Mayor’’.

17 (j) AMENDMENT TO CHAPTER 3 OF TITLE 13, D.C.

18 CODE.—Section 13–302, D.C. Code, is amended by insert19 ing ‘‘the Supreme Court of the District of Columbia,’’ after

20 ‘‘process of’’.

21 (k) AMENDMENTS TO CHAPTER 3 OF TITLE 17, D.C.

22 CODE.—

23 (1) The chapter heading for chapter 3 of title 17,

24 D.C. Code, is amended by inserting ‘‘SUPREME
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1 COURT OF THE DISTRICT OF COLUMBIA AND’’ before

2 ‘‘DISTRICT’’.

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

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

5 place it appears and inserting ‘‘Supreme Court of the

6 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 Colum12 bia 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 Columbia

16 or the’’ before ‘‘District’’.

17 (l) AMENDMENT TO CHAPTER 5 OF TITLE 21, D.C.

18 CODE.—The first sentence of section 21–502(e), D.C. Code,

19 is amended by striking ‘‘in accordance with’’ and all that

20 follows and inserting ‘‘by the Joint Committee on Judicial

21 Administration in the District of Columbia in accordance

22 with section 11–1726.’’.

23 (m) AMENDMENT TO TITLE 5, UNITED STATES

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

25 is amended by striking ‘‘the chief judges’’ and inserting ‘‘the
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1 chief justice and the associate justices of the Supreme Court

2 of the District of Columbia and the chief judges’’.

3 (n) AMENDMENTS TO TITLE 18, UNITED STATES

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

5 Code, is amended in the second sentence by striking ‘‘the

6 Superior Court’’ and all that follows and inserting ‘‘the Su7 preme Court of the District of Columbia, the District of Co8 lumbia Court of Appeals, or the Superior Court of the Dis9 trict of Columbia.’’.

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

11 is amended by inserting ‘‘the Supreme Court of the District

12 of Columbia,’’ before ‘‘the District of Columbia Court of Ap13 peals,’’.

14 (o) AMENDMENTS TO TITLE 28, UNITED STATES

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

16 is amended by striking ‘‘District of Columbia Court of Ap17 peals’’ and inserting ‘‘Supreme Court of the District of Co18 lumbia’’.

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

20 amended by striking ‘‘District of Columbia Court of Ap21 peals’’ and inserting ‘‘Supreme Court of the District of Co22 lumbia’’.
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1 SEC. 104. EFFECTIVE DATE.

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

3 amendments made by this title shall take effect 6 months

4 after the date of enactment of this Act.

5 TITLE II—JUDGES OF THE

6 DISTRICT OF COLUMBIA COURTS

7 SEC. 201. DESIGNATION OF CHIEF JUDGE.

8 (a) IN GENERAL.—Section 11–1503(a), D.C. Code, is

9 amended to read as follows:

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

11 justice or chief judge of a District of Columbia court shall

12 be designated by the District of Columbia Judicial Nomina13 tion Commission from among the judges of the court in reg14 ular active service. A chief judge shall serve for a term of

15 4 years or until a successor is designated, and shall be eligi16 ble for redesignation. A judge may relinquish the position

17 of chief judge, after giving notice to the District of Columbia

18 Judicial Nomination Commission.

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

20 (1), the first chief justice of the Supreme Court of the Dis21 trict of Columbia shall be appointed in accordance with sec22 tion 102(a) of the District of Columbia Judicial Reorga23 nization Act of 1993.’’.

24 (b) EFFECTIVE DATE.—The amendment made by sub25 section (a) shall take effect on the date of the enactment

26 of this Act.
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1 SEC. 202. COMPOSITION OF SUPERIOR COURT OF THE DIS2 TRICT OF COLUMBIA.

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

4 (1) effective October 1, 1993, by striking ‘‘fifty5 eight’’ and inserting ‘‘sixty’’; and

6 (2) effective October 1, 1994, by striking ‘‘sixty’’

7 and inserting ‘‘sixty-two’’.

8 SEC. 203. TREATMENT OF HEARING COMMISSIONERS AS JU9 DICIAL MAGISTRATES.

10 (a) IN GENERAL.—

11 (1) REDESIGNATION OF TITLE.—Section 11–

12 1732, D.C. Code, is amended—

13 (A) by striking ‘‘hearing commissioners’’

14 each place it appears in subsection (a), sub15 section (b), subsection (d), subsection (i), sub16 section (l), and subsection (n) and inserting ‘‘ju17 dicial magistrates’’;

18 (B) by striking ‘‘hearing commissioner’’

19 each place it appears in subsection (b), sub20 section (c), subsection (e), subsection (f), sub21 section (g), subsection (h), and subsection (j) and

22 inserting ‘‘judicial magistrate’’;

23 (C) by striking ‘‘hearing commissioner’s’’

24 each place it appears in subsection (e) and sub25 section (k) and inserting ‘‘judicial magistrate’s’’;
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1 (D) by striking ‘‘Hearing commissioners’’

2 each place it appears in subsections (b), (d), and

3 (i) and inserting ‘‘Judicial magistrates’’; and

4 (E) in the heading, by striking ‘‘Hearing

5 commissioners’’ and inserting ‘‘Judicial

6 magistrates’’.

7 (2) CONFORMING AMENDMENTS.—(A) Section

8 11–1732(c)(3), D.C. Code, is amended by striking ‘‘,

9 except that’’ and all that follows and inserting a

10 period.

11 (B) Section 16–924, D.C. Code, is amended—

12 (i) by striking ‘‘hearing commissioner’’ each

13 place it appears and inserting ‘‘judicial mag14 istrate’’; and

15 (ii) in subsection (f), by striking ‘‘hearing

16 commissioner’s’’ and inserting ‘‘judicial mag17 istrate’s’’.

18 (C) Section 16–2308, D.C. Code, is amended by

19 striking ‘‘judge’’ each place it appears and inserting

20 ‘‘judicial officer’’.

21 (D) Section 16–2312, D.C. Code, is amended—

22 (i) by striking ‘‘judge’’ each place it ap23 pears in subsections (c), (d), (e), (f), and (j) and

24 inserting ‘‘judicial officer’’;
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1 (ii) in subsection (c), by striking ‘‘He’’ each

2 place it appears and inserting ‘‘The judicial offi3 cer’’;

4 (iii) in subsection (d)(1), by striking ‘‘his

5 reasons’’ and inserting ‘‘the reasons’’ and by

6 striking ‘‘he finds’’ each place it appears and in7 serting ‘‘the judicial officer finds’’;

8 (iv) in subsection (d)(2)(A), by striking ‘‘su9 pervise him’’ and inserting ‘‘supervise the child’’;

10 (v) in subsection (d)(2)(C), by striking ‘‘his

11 protection’’ and inserting ‘‘the child’s protec12 tion’’;

13 (vi) in subsection (e), by striking ‘‘he shall’’

14 and inserting ‘‘the judicial officer shall’’;

15 (vii) in subsection (f), by striking ‘‘his rea16 sons’’ and inserting ‘‘the reasons’’, and by strik17 ing ‘‘he shall’’ each place it appears and insert18 ing ‘‘the judicial officer shall’’;

19 (viii) by striking ‘‘his detention’’ each place

20 it appears in subsections (h) and (i) and insert21 ing ‘‘the child’s detention’’; and

22 (ix) in subsection (j), by striking ‘‘his par23 ent’’ and inserting ‘‘the child’s parent’’.

24 (3) CLERICAL AMENDMENT.—The item relating

25 to section 11–1732 of the table of sections of chapter
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1 17 of title 11, D.C. Code, is amended to read as fol2 lows:

‘‘11–1732. Judicial magistrates.’’.

3 (4) TRANSITION PROVISION REGARDING HEARING

4 COMMISSIONERS.—Any individual serving as a hear5 ing commissioner under section 11–1732 of the Dis6 trict of Columbia Code as of the date of the enactment

7 of this Act shall serve the remainder of such individ8 ual’s term as a judicial magistrate, and may be

9 reappointed as a judicial magistrate in accordance

10 with section 11–1732(d), D.C. Code, except that any

11 individual serving as a hearing commissioner as of

12 the date of the enactment of this Act who was ap13 pointed as a hearing commissioner prior to the effec14 tive date of section 11–1732 of the District of Colum15 bia Code shall not be required to be a resident of the

16 District of Columbia to be eligible to be reappointed.

17 (b) EXPANSION OF DUTIES.—Section 11–1732(j), D.C.

18 Code, is amended—

19 (1) in paragraph (4)(A)—

20 (A) by inserting after ‘‘involving’’ the fol21 lowing: ‘‘the establishment of paternity or’’, and

22 (B) by striking ‘‘guidelines established by

23 rule of the Superior Court’’ and inserting ‘‘child

24 support guidelines established by the Council of

25 the District of Columbia’’;
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1 (2) in paragraph (5), by striking ‘‘and Family’’

2 and inserting ‘‘Family, Probate, and Tax’’;

3 (3) by redesignating paragraph (5) as para4 graph (7); and

5 (4) by inserting after paragraph (4) the follow6 ing new paragraphs:

7 ‘‘(5) Conduct detention, neglect, and shelter care

8 proceedings in which a child is alleged to be delin9 quent, neglected, or in need of supervision.

10 ‘‘(6) Conduct proceedings and issue orders in

11 uncontested probate and fiduciary matters brought

12 under title 20 of the District of Columbia Code.’’.

13 (c) ADDITIONAL CONFORMING AMENDMENTS.—(1)

14 Section 11–1732(d), D.C. Code, as amended by subsection

15 (a)(1), is further amended—

16 (A) by striking the period at the end of the first

17 sentence and inserting ‘‘, in accordance with stand18 ards and procedures established by the Superior

19 Court.’’; and

20 (B) by striking the second sentence.

21 (2) Section 11–1732(m), D.C. Code, is amended to

22 read as follows:

23 ‘‘(m) The Chief Judge of the Superior Court shall, from

24 time to time, conduct such studies on the utilization of judi25 cial magistrates as the Board of Judges shall deem expedi-
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1 ent, taking into account the suggestions of the District of

2 Columbia Bar and other interested parties.’’.

3 (3) Section 11–1732, D.C. Code, is amended by adding

4 at the end the following new subsection:

5 ‘‘(p) The Joint Committee on Judicial Administration

6 in the District of Columbia shall determine the rate of com7 pensation for judicial magistrates in accordance with sec8 tion 11–1726.’’.

9 (d) EFFECTIVE DATE.—The amendments made by this

10 section shall take effect on the date of the enactment of this

11 Act.

12 SEC. 204. STUDY OF FEASIBILITY OF ESTABLISHING DIS13 TRICT OF COLUMBIA NIGHT COURT.

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

15 Columbia courts shall conduct a study of the feasibility and

16 desirability of establishing a District of Columbia Night

17 Court as a division of the Superior Court of the District

18 of Columbia.

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

20 of the enactment of this Act, the Executive Officer shall sub21 mit a report on the study conducted under subsection (a)

22 to the Joint Committee on Judicial Administration in the

23 District of Columbia, which shall forward the study together

24 with any comments and recommendations to Congress not
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1 later than 180 days after the date of the enactment of this

2 Act.

HR 1633 RH——2

HR 1633 RH——3