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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘District of Columbia
Judicial Reorganization Act of 1993’’.
TITLE I—SUPREME COURT OF
THE DISTRICT OF COLUMBIA
SEC. 101. ESTABLISHMENT OF SUPREME COURT OF THE
DISTRICT OF COLUMBIA.
Title 11 of the District of Columbia Code is amended
by adding after chapter 5 the following new chapter 6:
‘‘CHAPTER 6. SUPREME COURT OF THE DISTRICT
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.
‘‘SUBCHAPTER I. ESTABLISHMENT AND
ORGANIZATION.
‘‘§ 11–601. Establishment; court of record; seal.
‘‘(a) The Supreme Court of the District of Columbia
(hereafter in this chapter referred to as ‘the court’) is hereby
established as a court of record in the District of Columbia.
‘‘(b) The court shall have a seal.
‘‘§ 11–602. Composition.
‘‘The court shall consist of a chief justice and 6 associ-
ate justices.
‘‘§ 11–603. Justices; service; compensation.
‘‘(a) The chief justice and the justices of the court shall
serve in accordance with chapter 15 of this title.
‘‘(b) Justices of the court shall be compensated at the
rate prescribed by law for judges of the United States Court
of Appeals. The chief justice shall receive $500 per year in
addition to the salary of other justices of the court.
‘‘§ 11–604. Oath of justices.
‘‘Each justice, when appointed, shall take the oath pre-
scribed for judges of courts of the United States.
‘‘§ 11–605. Term; hearings; quorum.
‘‘(a) The court shall sit in one term each year for such
period as it may determine.
‘‘(b) The court shall sit in banc to hear and determine
cases and controversies, except that the court may sit in
divisions of 3 justices to hear and determine cases and con-
troversies certified for review under section 11–621 if the
court determines that subsection (b)(2) of such section is
the exclusive basis for such certification. The court in banc
for a hearing shall consist of the justices of the court in
regular active service.
‘‘(c) A majority of the justices serving shall constitute
a quorum.
‘‘(d) A rehearing before the court may be ordered by
a majority of the justices of the court in regular active serv-
ice. The court in banc for a rehearing shall consist of the
justices of the court in regular active service.
‘‘§ 11–606. Absence, disability, or disqualification of
justices; vacancies.
‘‘(a) When the chief justice of the court is absent or
disabled, the duties of the chief justice shall devolve upon
and be performed by such associate justice as the chief jus-
tice may designate in writing. In the event that the chief
justice is (1) disqualified or suspended, or (2) unable or
fails to make such a designation, such duties shall devolve
upon and be performed by the associate justices of the court
according to the seniority of their original commissions.
‘‘(b) A chief justice whose term as chief justice has ex-
pired shall continue to serve until redesignated or until a
successor has been designated. When there is a vacancy in
the position of chief justice the position shall be filled tempo-
rarily as provided in the second sentence of subsection (a).
‘‘§ 11–607. Assignment of justices and judges to and
from other courts of the District of Colum-
bia.
‘‘(a) Upon presentation of a certificate of necessity by
the chief judge of the District of Columbia Court of Appeals,
the chief justice of the Supreme Court of the District of Co-
lumbia may designate and assign temporarily one or more
justices of the Supreme Court of the District of Columbia
or one or more judges of the Superior Court of the District
of Columbia to serve on the District of Columbia Court of
Appeals or a division thereof whenever the business of the
District of Columbia Court of Appeals so requires. Such des-
ignations or assignments shall be in conformity with the
rules or orders of the District of Columbia Court of Appeals.
‘‘(b) Upon presentation of a certificate of necessity by
the chief judge of the Superior Court of the District of Co-
lumbia, the chief justice of the Supreme Court of the Dis-
trict of Columbia may designate and assign temporarily
one or more justices of the Supreme Court of the District
of Columbia or one or more judges of the District of Colum-
bia Court of Appeals to serve as a judge of the Superior
Court of the District of Columbia.
‘‘(b) Such certification may be made only if not less
than 3 of the justices of the Supreme Court of the District
of Columbia determine that—
‘‘(1) the case or class of cases involves a question
that is novel or difficult or is of importance in the
general public interest or the administration of jus-
tice; or
‘‘(2) the case or class of cases was pending in the
District of Columbia Court of Appeals on the effective
date of this section and, because the justices of the Su-
preme Court of the District of Columbia were famil-
iar with the case or class of cases while serving as
judges of the District of Columbia Court of Appeals,
the sound and efficient administration of justice dic-
tates that the case or class of cases be certified for re-
view by the Supreme Court of the District of Colum-
bia.
‘‘§ 11–622. Review by the Supreme Court of the District
of Columbia.
‘‘(a) Any party aggrieved by a final decision of the
District of Columbia Court of Appeals may petition the Su-
preme Court of the District of Columbia for an appeal.
Such a petition may be granted and appeal be heard by
the Supreme Court of the District of Columbia only upon
the affirmative vote of not less than 3 of the justices that
the matter involves a question that is novel or difficult, is
the subject of conflicting authorities within the jurisdiction,
or is of importance in the general public interest or the
administration of justice. The granting of such petitions for
appeal shall be in the discretion of the Supreme Court of
the District of Columbia. The Supreme Court of the District
of Columbia shall not be required to state reasons for denial
of petitions for appeal.
‘‘(b) On hearing an appeal in any case or controversy,
the Supreme Court of the District of Columbia shall give
judgment after an examination of the record without regard
to errors or defects which do not affect the substantial rights
of the parties.
‘‘§ 11–623. Certification of questions of law.
‘‘(a) The Supreme Court of the District of Columbia
may answer a question of law of the District of Columbia
certified to it by the Supreme Court of the United States,
a Court of Appeals of the United States, or the highest ap-
pellate court of any State, if—
‘‘(1) such question of law may be determinative
of the case pending in such a court; and
‘‘(2) there is no controlling precedent regarding
such question of law in the decisions of the District
of Columbia Court of Appeals or the Supreme Court
of the District of Columbia.
‘‘(b) This section may be invoked by an order of any
of the courts referred to in subsection (a) upon such court’s
motion or upon the motion of any party to the case.
‘‘(c) A certification order under this section shall—
‘‘(1) describe the question of law to be answered;
‘‘(2) contain a statement of all facts relevant to
the question certified and the nature of the con-
troversy in which the questions arose; and
‘‘(3) upon the request of the Supreme Court of
the District of Columbia contain the original or cop-
ies of the record of the case in question or of any por-
tion of such record as the Supreme Court of the Dis-
trict of Columbia considers necessary to determine the
questions of law which are the subject of the motion.
‘‘(d) Fees and costs shall be the same as in appeals
docketed before the Supreme Court of the District of Colum-
bia and shall be equally divided between the parties unless
precluded by statute or by order of the certifying court.
‘‘(e) The written opinion of the Supreme Court of the
District of Columbia stating the law governing any ques-
tions certified under subsection (a) shall be sent by the clerk
to the certifying court and to the parties.
‘‘(f) The Supreme Court of the District of Columbia,
on its own motion, the motion of the District of Columbia
Court of Appeals, or the motion of any party to a case pend-
ing in the Supreme Court of the District of Columbia or
the District of Columbia Court of Appeals, may order cer-
tification of a question of law of another State to the highest
court of such State if, in the view of the Supreme Court
of the District of Columbia—
‘‘(1) such question of law may be determinative
of the case pending in the Supreme Court of the Dis-
trict of Columbia or the District of Columbia Court
of Appeals; and
‘‘(2) there is no controlling precedent regarding
such question of law in the decisions of the appellate
courts of the State to which the order of certification
is directed.
‘‘(g) The Supreme Court of the District of Columbia
may prescribe the rules of procedure concerning the answer-
ing and certification of questions of law under this section.
‘‘SUBCHAPTER III. MISCELLANEOUS PROVISIONS.
‘‘§ 11–641. Contempt powers.
‘‘In addition to the powers conferred by section 402
of title 18, United States Code, the Supreme Court of the
District of Columbia, or a justice thereof, may punish for
disobedience of an order or for contempt committed in the
presence of the court.
‘‘§ 11–642. Oaths, affirmations, and acknowledgments.
‘‘Each justice of the Supreme Court of the District of
Columbia and each employee of the court authorized by the
chief justice may administer oaths and affirmations and
take acknowledgments.
‘‘§ 11–643. Rules of court.
‘‘The Supreme Court of the District of Columbia shall
conduct its business in accordance with such rules and pro-
cedures as the court shall adopt.
‘‘§ 11–644. Judicial conference.
‘‘The chief justice of the Supreme Court of the District
of Columbia shall summon annually the justices and active
judges of the District of Columbia courts to a conference
at a time and place that the chief justice designates, for
the purpose of advising as to means of improving the ad-
ministration of justice within the District of Columbia. The
chief justice shall preside at such conference which shall be
known as the Judicial Conference of the District of Colum-
bia. Each justice and judge summoned, unless excused by
the chief justice of the Supreme Court of the District of Co-
lumbia, shall attend throughout the conference. The Su-
preme Court of the District of Columbia shall provide by
its rules for representation of and active participation by
members of the unified District of Columbia Bar and other
persons active in the legal profession at such conference.’’.
SEC. 102. TRANSITION PROVISIONS.
(a) ELEVATION OF JUDGES OF THE DISTRICT OF CO-
LUMBIA COURT OF APPEALS AS JUSTICES OF THE SU-
PREME COURT OF THE DISTRICT OF COLUMBIA.—
(1) Except as provided in paragraph (2), begin-
ning on the effective date of this title the chief judge
of the District of Columbia Court of Appeals shall
serve the remainder of the term to which he or she
was appointed as the chief justice of the Supreme
Court of the District of Columbia and the associate
judges of the District of Columbia Court of Appeals
shall serve the remainder of the respective terms to
which they were appointed as associate justices of the
Supreme Court of the District of Columbia. The Su-
preme Court of the District of Columbia shall conform
to the numerical requirements of section 11–602 of the
D.C. Code through attrition. Vacancies in the offices
of chief judge and associate judge of the District of
Columbia Court of Appeals shall be filled in accord-
ance with chapter 15 of title 11 of the D.C. Code.
(2) Any judge of the District of Columbia Court
of Appeals may serve the remainder of the term to
which he or she was appointed as a judge of that
court by providing written notice to the chief judge of
the District of Columbia Court of Appeals not less
than 30 days after the date of the enactment of this
Act.
(b) TRANSITION PERIOD FOR THE SUPREME COURT
OF THE DISTRICT OF COLUMBIA.—
(1) A committee consisting of the chief judge of
the District of Columbia Court of Appeals together
with 2 other judges of such court and the chief judge
of the Superior Court of the District of Columbia to-
gether with 2 other judges of such court shall be re-
sponsible for the administration of the period of tran-
sition prior to the establishment of the Supreme Court
of the District of Columbia, including the hiring of
necessary staff, the preparation of facilities, and the
purchase of necessary equipment and supplies.
(2) Not more than 120 days after the date of the
enactment of this Act, the committee referred to in
paragraph (1) shall submit to the Subcommittee on
Government Efficiency, Federalism, and the District
of Columbia of the Committee on Governmental Af-
fairs of the Senate and the Committee on the District
of Columbia of the House of Representatives a transi-
tion report, consistent with this Act, regarding the es-
tablishment of the Supreme Court of the District of
Columbia and the filling of vacancies on the District
of Columbia Court of Appeals resulting from the ele-
vation of the judges of such Court to positions on the
Supreme Court of the District of Columbia pursuant
to subsection (a).
(3) This subsection shall take effect on the date
of the enactment of this Act.
SEC. 103. CONFORMING AND OTHER AMENDMENTS.
(a) AMENDMENTS TO THE HOME RULE ACT.—
(1) Section 431(a) of the District of Columbia
Self-Government and Governmental Reorganization
Act is amended—
(A) in the first sentence by inserting ‘‘Su-
preme Court of the District of Columbia,’’ after
‘‘vested in the’’; and
(B) by adding after the fourth sentence the
following: ‘‘The Supreme Court of the District of
Columbia has jurisdiction of appeals from the
District of Columbia Court of Appeals and of
cases certified to the Supreme Court under sec-
tion 11–621(a), District of Columbia Code.’’.
(2) Section 431 of such Act is further amended—
(A) in subsection (b)—
(i) by inserting ‘‘chief justice or’’ before
‘‘chief judge’’ each place it appears,
(ii) by striking ‘‘term as a judge’’ and
inserting ‘‘term as a justice or judge’’, and
(iii) by inserting ‘‘chief justice’s or’’
before ‘‘chief judge’s’’ each place it appears;
(B) in subsections (b) and (g), by inserting
‘‘justices or’’ before ‘‘judges’’ each place it ap-
pears; and
(C) in subsections (c) and (g), by inserting
‘‘justice or’’ before ‘‘judge’’ each place it appears.
(3) Section 432 of such Act is amended—
(A) by inserting ‘‘justice or’’ before ‘‘judge’’
each place it appears;
(B) by striking ‘‘District of Columbia Court
of Appeals’’ each place it appears and inserting
‘‘Supreme Court of the District of Columbia’’;
and
(C) in subsection (a)(1) by striking ‘‘law or
which would be a felony in the District’’ and in-
serting ‘‘law or the laws of the District of Colum-
bia’’.
(4) Section 433 of such Act is amended—
(A) in the heading by inserting ‘‘JUSTICES
AND’’ before ‘‘JUDGES’’;
(B) by inserting ‘‘justices and’’ before
‘‘judges’’ each place it appears; and
(C) by inserting ‘‘justice or’’ before ‘‘judge’’
each place it appears.
(5) Section 434 of such Act is amended in sub-
sections (b)(3) and (d)—
(A) by inserting ‘‘justice or’’ before ‘‘judge’’
each place it appears;
(B) by inserting ‘‘justices or’’ before
‘‘judges’’ each place it appears; and
(C) by inserting ‘‘justice’s or’’ before
‘‘judge’s’’ each place it appears.
(b) AMENDMENTS TO CHAPTER 1 OF TITLE 11, D.C.
CODE.—
(1) Section 11–101(2), D.C. Code, is amended by
redesignating subparagraphs (A) and (B) as subpara-
graphs (B) and (C), respectively, and by adding be-
fore subparagraph (B) (as so redesignated) the follow-
ing:
‘‘(A) The Supreme Court of the District of
Columbia.’’.
(2) Section 11–102, D.C. Code, is amended to
read as follows:
‘‘§ 11–102. Status of Supreme Court of the District of
Columbia.
‘‘The highest court of the District of Columbia is the
Supreme Court of the District of Columbia. Final judg-
ments, orders, and decrees of the Supreme Court of the Dis-
trict of Columbia and of the District of Columbia Court
of Appeals where review is denied by the Supreme Court
of the District of Columbia are reviewable by the Supreme
Court of the United States in accordance with section 1257
of title 28, United States Code.’’.
(3) The item relating to section 11–102 of the
table of contents of chapter 1 of title 11, D.C. Code,
is amended to read as follows:
‘‘11–102. Status of Supreme Court of the District of Columbia.’’.
(c) AMENDMENTS TO CHAPTER 7 OF TITLE 11, D.C.
CODE.—
(1) Chapter 7 of title 11, D.C. Code, is amended
by striking sections 11–707, 11–723, and 11–744 and
by striking the items relating to such sections in the
table of contents of such chapter.
(2) Section 11–703(b), D.C. Code, is amended by
striking ‘‘the rate prescribed by law for judges of the
United States courts of appeals.’’ and inserting the
following: ‘‘a rate equal to the average of the com-
pensation provided for judges of the Supreme Court
of the District of Columbia under section 11–603 and
the compensation provided for judges of the Superior
Court of the District of Columbia under section 11–
904(b).’’.
(3) Section 11–708, D.C. Code, is amended by
striking ‘‘not more than three law clerks for the
court.’’ and inserting ‘‘law clerks for the court and
law clerks and secretaries for the senior judges.’’.
(4) Section 11–722, D.C. Code, is amended by
striking ‘‘Commissioner’’ and inserting ‘‘Mayor’’.
(5) Section 11–743, D.C. Code, is amended by
striking ‘‘according to’’ and all that follows and in-
serting ‘‘in accordance with such rules and procedures
as it may adopt.’’.
(d) AMENDMENTS TO CHAPTER 9 OF TITLE 11, D.C.
CODE.—
(1) Section 11–908(b), D.C. Code, is amended to
read as follows:
‘‘(b) When the business of the Superior Court requires,
the chief judge may certify to the chief justice of the Su-
preme Court of the District of Columbia the need for an
additional judge or judges as provided in section 11–607
and 11–707.’’.
(2) Section 11–910, D.C. Code, is amended by
adding at the end the following new sentence: ‘‘In ad-
dition, the chief judge may appoint and remove law
clerks for the court, who shall serve as directed by the
chief judge.’’.
(3) Section 11–946, D.C. Code, is amended by
striking ‘‘District of Columbia Court of Appeals’’ each
place it appears in the second and third sentences
and inserting ‘‘Supreme Court of the District of
Columbia’’.
(e) AMENDMENTS TO CHAPTER 15 OF TITLE 11, D.C.
CODE.—
(1) Section 11–1501, D.C. Code, is amended to
read as follows:
‘‘§ 11–1501. Appointment and qualifications of judges.
‘‘(a) Except as provided in section 434(d)(1) of the
District of Columbia Self-Government and Governmental
Reorganization Act, the President shall nominate, from the
list of persons recommended by the District of Columbia
Judicial Nomination Commission established under section
434 of such Act, and, by and with the advice and consent
of the Senate, appoint all justices and judges of the District
of Columbia courts.
‘‘(b) No person may be nominated or appointed a jus-
tice or judge of a District of Columbia court unless that
person—
‘‘(1) is a citizen of the United States;
‘‘(2) is an active member of the unified District
of Columbia Bar and has been engaged in the active
practice of law in the District for the five years im-
mediately preceding nomination or for such five years
has served as a judge of the United States or the Dis-
trict of Columbia, has been on the faculty of a law
school in the District, or has been employed as a law-
yer by the United States or the District of Columbia
government;
‘‘(3) is a bona fide resident of the District of Co-
lumbia and has maintained an actual place of abode
in the District for at least 90 days immediately prior
to nomination, and shall retain such residency as
long as he or she serves as such judge, except judges
appointed prior to December 23, 1973, who retain
residency in Montgomery or Prince Georges Counties
in Maryland, Arlington or Fairfax Counties (or any
cities within the outer boundaries thereof) or the city
of Alexandria in Virginia shall not be required to be
residents of the District to be eligible for reappoint-
ment or to serve any term to which reappointed;
‘‘(4) is recommended to the President, for such
nomination and appointment, by the District of Co-
lumbia Judicial Nomination Commission; and
‘‘(5) has not served, within a period of 2 years
prior to nomination, as a member of the District of
Columbia Commission on Judicial Disabilities and
Tenure or of the District of Columbia Judicial Nomi-
nation Commission.’’.
(2) Section 11–1504(a)(1), D.C. Code, is amend-
ed by striking the period at the end of the first sen-
tence and inserting the following: ‘‘, except that a re-
tired judge may not serve or perform judicial duties
on the Supreme Court of the District of Columbia.’’.
(3) Section 11–1505(a), D.C. Code, is amended
in the second sentence by striking ‘‘District’’ and all
that follows and inserting ‘‘court of the District of Co-
lumbia on which the judge serves.’’.
(4) Subchapter I of chapter 15 of title 11, D.C.
Code, is amended by adding at the end the following
new section:
‘‘§ 11–1506. Definitions.
‘‘For purposes of this chapter—
‘‘(1) the term ‘judge’ means any justice of the
Supreme Court of the District of Columbia, or any
judge of the District of Columbia Court of Appeals or
the Superior Court; and
‘‘(2) the term ‘chief judge’ means the chief justice
of the Supreme Court of the District of Columbia, or
the chief judges of the District of Columbia Court of
Appeals or the Superior Court, as appropriate.’’.
(5) Section 11–1526, D.C. Code, is amended by
striking ‘‘District of Columbia Court of Appeals’’ each
place it appears and inserting ‘‘Supreme Court of the
District of Columbia’’.
(6) Section 11–1528, D.C. Code, is amended in
subsection (a)(2)(C) by inserting ‘‘the Supreme Court
of the District of Columbia or’’ after ‘‘elevation to’’.
(7) Section 11–1529, D.C. Code, is amended by
striking ‘‘District of Columbia Court of Appeals’’ and
inserting ‘‘Supreme Court of the District of Colum-
bia’’.
(8) Section 11–1561, D.C. Code, is amended—
(A) in paragraph (1), by inserting ‘‘any
justice of the Supreme Court of the District of
Columbia,’’ before ‘‘any judge’’; and
(B) in paragraph (2), by inserting ‘‘a jus-
tice in the Supreme Court of the District of Co-
lumbia,’’ before ‘‘a judge’’.
(9) The table of sections for subchapter I of chap-
ter 15 of title 11, D.C. Code, is amended by adding
at the end the following:
‘‘11–1506. Definitions.’’.
(f) AMENDMENTS TO CHAPTER 17 OF TITLE 11, D.C.
CODE.—
(1) Section 11–1701, D.C. Code, is amended—
(A) by amending subsection (a) to read as
follows:
‘‘(a) There shall be a Joint Committee on Judicial Ad-
ministration in the District of Columbia (hereafter in this
chapter referred to as the ‘Joint Committee’) consisting
(during the first 3 fiscal years that begin after the date of
the enactment of the District of Columbia Judicial Reorga-
nization Act of 1993) of the chief justice of the Supreme
Court of the District of Columbia (who shall serve as chair-
person) and two other justices of such court, the chief judge
of the District of Columbia Court of Appeals, and the chief
judge of the Superior Court of the District of Columbia and
two additional judges of such court.’’;
(B) in subsection (b)—
(i) by amending paragraph (4) to read
as follows:
‘‘(4) Preparation and publication of an annual
report of the District of Columbia court system re-
garding the work of the courts, the performance of the
duties enumerated in this chapter, and any rec-
ommendations relating to the courts.’’, and
(ii) by striking paragraphs (6) and (9)
and redesignating paragraphs (7) and (8)
as paragraphs (6) and (7); and
(C) in subsection (c)—
(i) by amending paragraph (2) to read
as follows:
‘‘(2) formulate and enforce standards for outside
activities of and receipt of compensation by the judges
of the District of Columbia court system;’’,
(ii) in paragraph (3), by striking ‘‘,
and institute such changes’’ and all that fol-
lows through ‘‘justice’’,
(iii) by striking ‘‘and’’ at the end of
paragraph (3),
(iv) by striking the period at the end
of paragraph (4) and inserting a semicolon,
and
(v) by adding at the end the following
new paragraphs:
‘‘(5) submit the annual budget requests of the
Supreme Court of the District of Columbia, the Dis-
trict of Columbia Court of Appeals, and the Superior
Court to the Mayor of the District of Columbia as
part of the integrated budget of the District of Colum-
bia court system, except that any such request may be
modified upon the concurrence of 5 of the 7 members
of the Joint Committee; and
‘‘(6) with the concurrence of the chief justice of
the Supreme Court of the District of Columbia and
the respective chief judges of the other District of Co-
lumbia courts, prepare and implement other policies
and practices for the District of Columbia court sys-
tem and resolve other matters which may be of joint
and mutual concern of the Supreme Court of the Dis-
trict of Columbia, the District of Columbia Court of
Appeals, and the Superior Court.’’.
(2) Section 11–1702, D.C. Code, is amended—
(A) in the heading, by inserting ‘‘the
chief justice and the’’ after ‘‘of ’’;
(B) by redesignating subsections (a) and (b)
as subsections (b) and (c); and
(C) by inserting before subsection (b) the
following new subsection:
‘‘(a) The chief justice of the Supreme Court of the Dis-
trict of Columbia, in addition to the authority conferred
by chapter 6 of this title, shall supervise the internal ad-
ministration of that court—
‘‘(1) including all administrative matters other
than those within the responsibility enumerated in
section 11–1701(b), and
‘‘(2) including the implementation in that court
of the matters enumerated in section 11–1701(b),
consistent with the general policies and directives of the
Joint Committee.’’.
(3) Section 11–1703(a), D.C. Code, is amend-
ed—
(A) by striking ‘‘He’’ each place it appears
and inserting ‘‘The Executive Officer’’; and
(B) in the fourth sentence, by striking
‘‘judges’’ and inserting ‘‘judge of the District of
Columbia Court of Appeals and the chief judge
of the Superior Court of the District of Colum-
bia’’.
(4) Section 11–1721, D.C. Code, is amended by
amending the matter following the heading to read as
follows:
‘‘(a) The Supreme Court of the District of Columbia
shall have a clerk appointed by the chief justice of that court
who shall, under the direction of the chief justice, be respon-
sible for the daily operations of that court and serve as the
clerk of the District of Columbia Court of Appeals.
‘‘(b) The Superior Court of the District of Columbia
shall have a clerk appointed by the chief judge of that court
who shall, under the direction of the chief judge, be respon-
sible for the daily operations of that court.
‘‘(c) Each such clerk appointed under this section shall
receive a level of compensation, including retirement bene-
fits, determined by the Joint Committee on Judicial Ad-
ministration, except that such level may not exceed the level
of compensation provided for the Executive Officer.’’.
(5) Section 11–1726, D.C. Code, is amended—
(A) in the first sentence, by striking ‘‘Exec-
utive Officer’’ and all that follows and inserting
‘‘Joint Committee (upon the recommendation of
the Executive Officer) shall fix the rates of com-
pensation of such employees.’’; and
(B) in the second sentence, by striking ‘‘Ex-
ecutive Officer’’ and inserting ‘‘Joint Commit-
tee’’.
(6) Section 11–1730(a), D.C. Code, is amend-
ed—
(A) by striking ‘‘Judges’’ and inserting
‘‘Justices and judges’’;
(B) by inserting ‘‘11–609,’’ after ‘‘sections’’;
and
(C) by inserting ‘‘chief justice or’’ after ‘‘re-
spective’’.
(7) Section 11–1731, D.C. Code, is amended—
(A) by striking ‘‘or the chief judge’’ and in-
serting ‘‘, the chief justice, or the chief judges’’;
(B) in paragraph (7), by striking ‘‘the Dis-
trict of Columbia Bail Agency’’ and inserting
‘‘the District of Columbia Pre-trial Services
Agency’’;
(C) by inserting ‘‘and’’ at the end of para-
graph (9); and
(D) by striking paragraphs (10) and (11)
and inserting the following:
‘‘(10) the Department of Human Services.’’.
(8) Section 11–1741, D.C. Code, is amended—
(A) by amending the matter preceding
paragraph (1) to read as follows: ‘‘Within the
District of Columbia courts, and subject to the
supervision of the chief justice of the Supreme
Court of the District of Columbia (acting in con-
sultation with the chief judge of the District of
Columbia Court of Appeals and the chief judge
of the Superior Court of the District of Colum-
bia), the Executive Officer shall—’’;
(B) by inserting ‘‘chief justice or’’ before
‘‘chief’’ each place it appears in paragraphs (5),
(7), and (9);
(C) by striking ‘‘and’’ at the end of para-
graph (8);
(D) by striking the period at the end of
paragraph (9) and inserting ‘‘; and’’; and
(E) by adding at the end the following:
‘‘(10) be responsible for the allocation, negotia-
tion for, and provision of space in the courts.’’.
(9) Section 11–1745(b)(2), D.C. Code, is amend-
ed 
by 
striking 
‘‘Commissioner’’ 
and 
inserting
‘‘Mayor’’.
(10) Section 11–1747, D.C. Code, is amended by
striking ‘‘him’’ and inserting ‘‘the Executive Officer’’.
(11) The table of sections for subchapter I of
chapter 17 of title 11, D.C. Code, is amended by
amending the item relating to section 11–1702 to
read as follows:
‘‘11–1702. Responsibilities of the chief justice and the chief judges in the respective
courts.’’.
(g) AMENDMENT TO CHAPTER 21 OF TITLE 11, D.C.
CODE.—Section 11–2102(c), D.C. Code, is amended by
striking ‘‘Superior Court’’ and all that follows and insert-
ing ‘‘Joint Committee on Judicial Administration in the
District of Columbia in accordance with section 11–1726.’’.
(h) AMENDMENTS TO CHAPTER 25 OF TITLE 11, D.C.
CODE.—
(1) Section 11–2501, D.C. Code, is amended—
(A) by striking ‘‘District of Columbia Court
of Appeals’’ each place it appears and inserting
‘‘Supreme Court of the District of Columbia’’;
and
(B) by amending subsection (c) to read as
follows:
‘‘(c) Members of the bar of the District of Columbia
Court of Appeals in good standing on the effective date of
title I of the District of Columbia Judicial Reorganization
Act of 1993 shall be automatically enrolled as members of
the bar of the Supreme Court of the District of Columbia,
and shall be subject to its disciplinary jurisdiction.’’.
(2) Section 11–2502, D.C. Code, is amended by
striking ‘‘District of Columbia Court of Appeals’’ and
inserting 
‘‘Supreme 
Court 
of 
the 
District 
of
Columbia’’.
(3) Section 11–2503, D.C. Code, is amended by
striking ‘‘District of Columbia Court of Appeals’’ and
inserting 
‘‘Supreme 
Court 
of 
the 
District 
of
Columbia’’.
(4) Section 11–2504, D.C. Code, is amended by
striking ‘‘District of Columbia Court of Appeals’’ and
inserting ‘‘other courts of the District of Columbia’’.
(i) AMENDMENT TO CHAPTER 26 OF TITLE 11, D.C.
CODE.—Section 11–2607, D.C. Code, is amended by strik-
ing ‘‘Commissioner’’ and inserting ‘‘Mayor’’.
(j) AMENDMENT TO CHAPTER 3 OF TITLE 13, D.C.
CODE.—Section 13–302, D.C. Code, is amended by insert-
ing ‘‘the Supreme Court of the District of Columbia,’’ after
‘‘process of’’.
(k) AMENDMENTS TO CHAPTER 3 OF TITLE 17, D.C.
CODE.—
(1) The chapter heading for chapter 3 of title 17,
D.C. Code, is amended by inserting ‘‘SUPREME
COURT OF THE DISTRICT OF COLUMBIA AND’’ before
‘‘DISTRICT’’.
(2) Section 17–302, D.C. Code, is amended by
striking ‘‘District of Columbia Court of Appeals’’ each
place it appears and inserting ‘‘Supreme Court of the
District of Columbia’’.
(3) Section 17–305, D.C. Code, is amended by
adding at the end the following new subsection:
‘‘(c) The Supreme Court of the District of Columbia
shall apply the same standards regarding the scope of re-
view and the reversal of judgment as the District of Colum-
bia Court of Appeals applies under subsections (a) and
(b).’’.
(4) Section 17–306, D.C. Code, is amended by
inserting ‘‘Supreme Court of the District of Columbia
or the’’ before ‘‘District’’.
(l) AMENDMENT TO CHAPTER 5 OF TITLE 21, D.C.
CODE.—The first sentence of section 21–502(e), D.C. Code,
is amended by striking ‘‘in accordance with’’ and all that
follows and inserting ‘‘by the Joint Committee on Judicial
Administration in the District of Columbia in accordance
with section 11–1726.’’.
(m) AMENDMENT
TO
TITLE
5, UNITED
STATES
CODE.—Section 5102(c)(4) of title 5, United States Code,
is amended by striking ‘‘the chief judges’’ and inserting ‘‘the
chief justice and the associate justices of the Supreme Court
of the District of Columbia and the chief judges’’.
(n) AMENDMENTS
TO TITLE 18, UNITED STATES
CODE.—(1) Section 3006A(k) of title 18, United States
Code, is amended in the second sentence by striking ‘‘the
Superior Court’’ and all that follows and inserting ‘‘the Su-
preme Court of the District of Columbia, the District of Co-
lumbia Court of Appeals, or the Superior Court of the Dis-
trict of Columbia.’’.
(2) Section 6001(4) of title 18, United States Code,
is amended by inserting ‘‘the Supreme Court of the District
of Columbia,’’ before ‘‘the District of Columbia Court of Ap-
peals,’’.
(o) AMENDMENTS
TO TITLE 28, UNITED STATES
CODE.—(1) Section 1257(b) of title 28, United States Code,
is amended by striking ‘‘District of Columbia Court of Ap-
peals’’ and inserting ‘‘Supreme Court of the District of Co-
lumbia’’.
(2) Section 2113 of title 28, United States Code, is
amended by striking ‘‘District of Columbia Court of Ap-
peals’’ and inserting ‘‘Supreme Court of the District of Co-
lumbia’’.
SEC. 104. EFFECTIVE DATE.
Except as provided in section 102, this title and the
amendments made by this title shall take effect 6 months
after the date of enactment of this Act.
TITLE II—JUDGES OF THE
DISTRICT OF COLUMBIA COURTS
SEC. 201. DESIGNATION OF CHIEF JUDGE.
(a) IN GENERAL.—Section 11–1503(a), D.C. Code, is
amended to read as follows:
‘‘(a)(1) Except as provided in paragraph (2), the chief
justice or chief judge of a District of Columbia court shall
be designated by the District of Columbia Judicial Nomina-
tion Commission from among the judges of the court in reg-
ular active service. A chief judge shall serve for a term of
4 years or until a successor is designated, and shall be eligi-
ble for redesignation. A judge may relinquish the position
of chief judge, after giving notice to the District of Columbia
Judicial Nomination Commission.
‘‘(2) Notwithstanding the first sentence of paragraph
(1), the first chief justice of the Supreme Court of the Dis-
trict of Columbia shall be appointed in accordance with sec-
tion 102(a) of the District of Columbia Judicial Reorga-
nization Act of 1993.’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect on the date of the enactment
of this Act.
SEC. 202. COMPOSITION OF SUPERIOR COURT OF THE DIS-
TRICT OF COLUMBIA.
Section 11–903, D.C. Code, is amended—
(1) effective October 1, 1993, by striking ‘‘fifty-
eight’’ and inserting ‘‘sixty’’; and
(2) effective October 1, 1994, by striking ‘‘sixty’’
and inserting ‘‘sixty-two’’.
SEC. 203. TREATMENT OF HEARING COMMISSIONERS AS JU-
DICIAL MAGISTRATES.
(a) IN GENERAL.—
(1) REDESIGNATION
OF
TITLE.—Section 11–
1732, D.C. Code, is amended—
(A) by striking ‘‘hearing commissioners’’
each place it appears in subsection (a), sub-
section (b), subsection (d), subsection (i), sub-
section (l), and subsection (n) and inserting ‘‘ju-
dicial magistrates’’;
(B) by striking ‘‘hearing commissioner’’
each place it appears in subsection (b), sub-
section (c), subsection (e), subsection (f), sub-
section (g), subsection (h), and subsection (j) and
inserting ‘‘judicial magistrate’’;
(C) by striking ‘‘hearing commissioner’s’’
each place it appears in subsection (e) and sub-
section (k) and inserting ‘‘judicial magistrate’s’’;
(D) by striking ‘‘Hearing commissioners’’
each place it appears in subsections (b), (d), and
(i) and inserting ‘‘Judicial magistrates’’; and
(E) in the heading, by striking ‘‘Hearing
commissioners’’ and inserting ‘‘Judicial
magistrates’’.
(2) CONFORMING
AMENDMENTS.—(A) Section
11–1732(c)(3), D.C. Code, is amended by striking ‘‘,
except that’’ and all that follows and inserting a
period.
(B) Section 16–924, D.C. Code, is amended—
(i) by striking ‘‘hearing commissioner’’ each
place it appears and inserting ‘‘judicial mag-
istrate’’; and
(ii) in subsection (f), by striking ‘‘hearing
commissioner’s’’ and inserting ‘‘judicial mag-
istrate’s’’.
(C) Section 16–2308, D.C. Code, is amended by
striking ‘‘judge’’ each place it appears and inserting
‘‘judicial officer’’.
(D) Section 16–2312, D.C. Code, is amended—
(i) by striking ‘‘judge’’ each place it ap-
pears in subsections (c), (d), (e), (f), and (j) and
inserting ‘‘judicial officer’’;
(ii) in subsection (c), by striking ‘‘He’’ each
place it appears and inserting ‘‘The judicial offi-
cer’’;
(iii) in subsection (d)(1), by striking ‘‘his
reasons’’ and inserting ‘‘the reasons’’ and by
striking ‘‘he finds’’ each place it appears and in-
serting ‘‘the judicial officer finds’’;
(iv) in subsection (d)(2)(A), by striking ‘‘su-
pervise him’’ and inserting ‘‘supervise the child’’;
(v) in subsection (d)(2)(C), by striking ‘‘his
protection’’ and inserting ‘‘the child’s protec-
tion’’;
(vi) in subsection (e), by striking ‘‘he shall’’
and inserting ‘‘the judicial officer shall’’;
(vii) in subsection (f), by striking ‘‘his rea-
sons’’ and inserting ‘‘the reasons’’, and by strik-
ing ‘‘he shall’’ each place it appears and insert-
ing ‘‘the judicial officer shall’’;
(viii) by striking ‘‘his detention’’ each place
it appears in subsections (h) and (i) and insert-
ing ‘‘the child’s detention’’; and
(ix) in subsection (j), by striking ‘‘his par-
ent’’ and inserting ‘‘the child’s parent’’.
(3) CLERICAL AMENDMENT.—The item relating
to section 11–1732 of the table of sections of chapter
17 of title 11, D.C. Code, is amended to read as fol-
lows:
‘‘11–1732. Judicial magistrates.’’.
(4) TRANSITION PROVISION REGARDING HEARING
COMMISSIONERS.—Any individual serving as a hear-
ing commissioner under section 11–1732 of the Dis-
trict of Columbia Code as of the date of the enactment
of this Act shall serve the remainder of such individ-
ual’s term as a judicial magistrate, and may be
reappointed as a judicial magistrate in accordance
with section 11–1732(d), D.C. Code, except that any
individual serving as a hearing commissioner as of
the date of the enactment of this Act who was ap-
pointed as a hearing commissioner prior to the effec-
tive date of section 11–1732 of the District of Colum-
bia Code shall not be required to be a resident of the
District of Columbia to be eligible to be reappointed.
(b) EXPANSION OF DUTIES.—Section 11–1732(j), D.C.
Code, is amended—
(1) in paragraph (4)(A)—
(A) by inserting after ‘‘involving’’ the fol-
lowing: ‘‘the establishment of paternity or’’, and
(B) by striking ‘‘guidelines established by
rule of the Superior Court’’ and inserting ‘‘child
support guidelines established by the Council of
the District of Columbia’’;
(2) in paragraph (5), by striking ‘‘and Family’’
and inserting ‘‘Family, Probate, and Tax’’;
(3) by redesignating paragraph (5) as para-
graph (7); and
(4) by inserting after paragraph (4) the follow-
ing new paragraphs:
‘‘(5) Conduct detention, neglect, and shelter care
proceedings in which a child is alleged to be delin-
quent, neglected, or in need of supervision.
‘‘(6) Conduct proceedings and issue orders in
uncontested probate and fiduciary matters brought
under title 20 of the District of Columbia Code.’’.
(c) ADDITIONAL
CONFORMING
AMENDMENTS.—(1)
Section 11–1732(d), D.C. Code, as amended by subsection
(a)(1), is further amended—
(A) by striking the period at the end of the first
sentence and inserting ‘‘, in accordance with stand-
ards and procedures established by the Superior
Court.’’; and
(B) by striking the second sentence.
(2) Section 11–1732(m), D.C. Code, is amended to
read as follows:
‘‘(m) The Chief Judge of the Superior Court shall, from
time to time, conduct such studies on the utilization of judi-
cial magistrates as the Board of Judges shall deem expedi-
ent, taking into account the suggestions of the District of
Columbia Bar and other interested parties.’’.
(3) Section 11–1732, D.C. Code, is amended by adding
at the end the following new subsection:
‘‘(p) The Joint Committee on Judicial Administration
in the District of Columbia shall determine the rate of com-
pensation for judicial magistrates in accordance with sec-
tion 11–1726.’’.
(d) EFFECTIVE DATE.—The amendments made by this
section shall take effect on the date of the enactment of this
Act.
SEC. 204. STUDY OF FEASIBILITY OF ESTABLISHING DIS-
TRICT OF COLUMBIA NIGHT COURT.
(a) STUDY.—The Executive Officer of the District of
Columbia courts shall conduct a study of the feasibility and
desirability of establishing a District of Columbia Night
Court as a division of the Superior Court of the District
of Columbia.
(b) REPORT.—Not later than 120 days after the date
of the enactment of this Act, the Executive Officer shall sub-
mit a report on the study conducted under subsection (a)
to the Joint Committee on Judicial Administration in the
District of Columbia, which shall forward the study together
with any comments and recommendations to Congress not
later than 180 days after the date of the enactment of this
Act.
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