I
103D CONGRESS
1ST SESSION
H. R. 1633
To create a Supreme Court for the District of Columbia, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
APRIL 1, 1993
Ms. NORTON introduced the following bill; which was referred to the
Committee on the District of Columbia
A BILL
To create a Supreme Court for the District of Columbia,
and for other purposes.
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
temporarily as provided in the second sentence of sub-
section (a).
‘‘§ 11–607. Assignment of justices and judges to and
from other courts of the District of Co-
lumbia.
‘‘(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 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 Superior Court
of the District of Columbia to serve on the District of Co-
lumbia Court of Appeals or a division thereof whenever
the business of the District of Columbia Court of Appeals
so requires. Such designations or assignments shall be in
conformity with the rules or orders of the District of Co-
lumbia Court of Appeals.
‘‘(b) Upon presentation of a certificate of necessity
by the chief judge of the Superior Court of the District
of Columbia, the chief justice of the Supreme Court of
the District of Columbia may designate and assign tempo-
rarily one or more justices of the Supreme Court of the
District of Columbia or one or more judges of the District
of Columbia Court of Appeals to serve as a judge of the
Superior Court of the District of Columbia.
‘‘§ 11–608. Clerks and secretaries for justices.
‘‘Each justice may appoint and remove a personal
secretary. The chief justice may appoint and remove not
more than three personal law clerks, and each associate
justice may appoint and remove not more than two per-
sonal law clerks. In addition, the chief justice may appoint
and remove law clerks for the court and law clerks and
secretaries for the senior justices. The law clerks ap-
pointed for the court shall serve as directed by the chief
justice.
‘‘§ 11–609. Reports.
‘‘Each justice shall submit to the chief justice such
reports and data as the chief justice may request.
‘‘SUBCHAPTER II. JURISDICTION.
‘‘§ 11–621. Certification to the Supreme Court of the
District of Columbia.
‘‘(a) In any case or class of cases in which an appeal
has been taken to or filed with the District of Columbia
Court of Appeals, the Supreme Court of the District of
Columbia, by order of the Supreme Court sua sponte, or,
in its discretion, on motion of the District of Columbia
Court of Appeals or of any party, may certify the case
or class of cases for review by the Supreme Court before
it has been determined by the District of Columbia Court
of Appeals. The effect of such certification shall be to
transfer jurisdiction over the case or class of cases to the
Supreme Court of the District of Columbia for all pur-
poses.
‘‘(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 ques-
tion that is novel or difficult or is of importance in
the general public interest or the administration of
justice; or
‘‘(2) the case or class of cases was pending in
the District of Columbia Court of Appeals on the ef-
fective date of this section and, because the justices
of the Supreme Court of the District of Columbia
were familiar 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 dictates that the case or class of cases be cer-
tified for review by the Supreme Court of the Dis-
trict of Columbia.
‘‘§ 11–622. Review by the Supreme Court of the Dis-
trict of Columbia.
‘‘(a) Any party aggrieved by a final decision of the
District of Columbia Court of Appeals may petition the
Supreme 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 jurisdic-
tion, or is of importance in the general public interest or
the administration of justice. The granting of such peti-
tions 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 re-
gard to errors or defects which do not affect the substan-
tial 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
appellate 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 an-
swered;
‘‘(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
portion of such record as the Supreme Court of the
District of Columbia considers necessary to deter-
mine 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 Co-
lumbia 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
pending in the Supreme Court of the District of Columbia
or the District of Columbia Court of Appeals, may order
certification 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
District 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 an-
swering 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 procedures as the court shall adopt.
‘‘§ 11–644. Judicial conference.
‘‘The chief justice of the Supreme Court of the Dis-
trict of Columbia shall summon annually the justices and
active judges of the District of Columbia courts to a con-
ference at a time and place that the chief justice des-
ignates, for the purpose of advising as to means of improv-
ing the administration of justice within the District of Co-
lumbia. The chief justice shall preside at such conference
which shall be known as the Judicial Conference of the
District of Columbia. Each justice and judge summoned,
unless excused by the chief justice of the Supreme Court
of the District of Columbia, shall attend throughout the
conference. The Supreme Court of the District of Colum-
bia shall provide by its rules for representation of and ac-
tive participation by members of the unified District of
Columbia Bar and other persons active in the legal profes-
sion 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
Supreme Court of the District of Columbia shall
conform to the numerical requirements of section
11–602 of the D.C. Code through attrition. Vacan-
cies in the offices of chief judge and associate judge
of the District of Columbia Court of Appeals shall
be filled in accordance 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 Co-
lumbia together with 2 other judges of such court
shall be responsible for the administration of the pe-
riod of transition prior to the establishment of the
Supreme Court of the District of Columbia, includ-
ing 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 Dis-
trict of Columbia of the Committee on Governmental
Affairs of the Senate and the Committee on the Dis-
trict of Columbia of the House of Representatives a
transition report, consistent with this Act, regarding
the establishment of the Supreme Court of the Dis-
trict of Columbia and the filling of vacancies on the
District of Columbia Court of Appeals resulting
from the elevation of the judges of such Court to po-
sitions on the Supreme Court of the District of Co-
lumbia 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
section 11–621(a), District of Columbia Code.’’.
(2) Section 431 of such Act is further amended
in subsections (b), (c), and (g)—
(A) by inserting ‘‘chief justice or’’ before
‘‘chief judge’’ each place it appears;
(B) by inserting ‘‘justice or’’ before
‘‘judge’’ each place it appears;
(C) by inserting ‘‘justices or’’ before
‘‘judges’’ each place it appears; and
(D) by inserting ‘‘chief justice’s or’’ before
‘‘chief judge’s’’ 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 in-
serting ‘‘Supreme Court of the District of Co-
lumbia’’; and
(C) in subsection (a)(1) by striking ‘‘law or
which would be a felony in the District’’ and in-