IIB 
111TH CONGRESS 
2D SESSION 
H. R. 5367 
IN THE SENATE OF THE UNITED STATES 
NOVEMBER 17, 2010 
Received 
DECEMBER 22, 2010 
Read twice and referred to the Committee on Homeland Security and 
Governmental Affairs 
AN ACT 
To amend title 11, District of Columbia Official Code, to 
revise certain administrative authorities of the District 
of Columbia courts, to authorize the District of Columbia 
Public Defender Service to provide professional liability 
insurance for officers and employees of the Service for 
claims relating to services furnished within the scope 
of employment with the Service, and for other purposes. 
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cial Code, is amended by adding at the end the 
following new section: 
‘‘§ 11–947. Emergency authority to toll or delay pro-
ceedings. 
‘‘(a) TOLLING OR DELAYING PROCEEDINGS.— 
‘‘(1) IN GENERAL.—In the event of a natural 
disaster or other emergency situation requiring the 
closure of Superior Court or a natural disaster or 
other emergency situation rendering it impracticable 
for the United States or District of Columbia Gov-
ernment or a class of litigants to comply with dead-
lines imposed by any Federal or District of Colum-
bia law or rule that applies in the Superior Court, 
the chief judge of the Superior Court may exercise 
emergency authority in accordance with this section. 
‘‘(2) SCOPE
OF
AUTHORITY.—(A) The chief 
judge may enter such order or orders as may be ap-
propriate to delay, toll, or otherwise grant relief 
from the time deadlines imposed by otherwise appli-
cable laws or rules for such period as may be appro-
priate for any class of cases pending or thereafter 
filed in the Superior Court. 
‘‘(B) The authority conferred by this section ex-
tends to all laws and rules affecting criminal and ju-
venile proceedings (including, pre-arrest, post-arrest, 
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pretrial, trial, and post-trial procedures) and civil, 
family, domestic violence, probate and tax pro-
ceedings. 
‘‘(3) UNAVAILABILITY
OF
CHIEF
JUDGE.—If 
the chief judge of the Superior Court is absent or 
disabled, the authority conferred by this section may 
be exercised by the judge designated under section 
11–907(a) or by the Joint Committee on Judicial 
Administration. 
‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 
in this section shall be construed to authorize sus-
pension of the writ of habeas corpus. 
‘‘(5) DEFINITIONS.—For purposes of this sub-
section— 
‘‘(A) the term ‘natural disaster’ means any 
natural catastrophe (including any hurricane, 
tornado, storm, high water, wind-driven water, 
tidal wave, tsunami, earthquake, volcanic erup-
tion, 
landslide, 
mudslide, 
snowstorm, 
or 
drought), or, regardless of cause, any fire, 
flood, or explosion; and 
‘‘(B) the term ‘other emergency situation’ 
includes but is not limited to any occasion or 
instance of terrorism, enemy attack, sabotage, 
other hostile action, disease, or any manmade 
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cause which results in an imminent threat, se-
vere damage, or injury to life or property, or 
loss thereof, or results in the destruction of or 
severe damage to a court house, or impairs the 
ability to access a courthouse, or the ability to 
staff the courts. 
‘‘(b) CRIMINAL CASES.—In exercising the authority 
under this section for criminal cases, the chief judge shall 
consider the ability of the United States or District of Co-
lumbia Government to investigate, litigate, and process de-
fendants during and after the emergency situation, as well 
as the ability of criminal defendants as a class to prepare 
their defenses. 
‘‘(c) ISSUANCE OF ORDERS.—The United States At-
torney for the District of Columbia or the Attorney Gen-
eral for the District of Columbia or the designee of either 
may request issuance of an order under this section, or 
the chief judge may act on his or her own motion. 
‘‘(d) DURATION
OF ORDERS.—An order entered 
under this section may not toll or extend a time deadline 
for a period of more than 14 days, except that if the chief 
judge determines that an emergency situation requires ad-
ditional extensions of the period during which deadlines 
are tolled or extended, the chief judge may, with the con-
sent of the Joint Committee on Judicial Administration, 
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enter additional orders under this section in order to fur-
ther toll or extend such time deadline. 
‘‘(e) NOTICE.—Upon issuing an order under this sec-
tion, the chief judge— 
‘‘(1) shall make all reasonable efforts to pub-
licize the order, including, when possible, announcing 
the order on the District of Columbia Courts web 
site; and 
‘‘(2) shall send notice of the order, including 
the reasons for the issuance of the order, to the 
Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Over-
sight and Government Reform of the House of Rep-
resentatives. 
‘‘(f) REQUIRED REPORTS.—Not later than 180 days 
after the expiration of the last extension or tolling of a 
time period made by the order or orders relating to an 
emergency situation, the chief judge shall submit a brief 
report to the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate, the Committee on Over-
sight and Government Reform of the House of Represent-
atives, and the Joint Committee on Judicial Administra-
tion describing the orders, including— 
‘‘(1) the reasons for issuing the orders; 
‘‘(2) the duration of the orders; 
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‘‘(3) the effects of the orders on litigants; and 
‘‘(4) the costs to the court resulting from the 
orders. 
‘‘(g) EXCEPTIONS.—The notice under subsection 
(e)(2) and the report under subsection (f) are not required 
in the case of an order that tolls or extends a time deadline 
for a period of less than 14 days.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents of chapter 9 of title 11, District of Co-
lumbia Official Code, is amended by adding at 
the end of the items relating to subchapter III 
the following: 
‘‘11–947. Emergency authority to toll or delay proceedings.’’. 
(2) PROCEEDINGS IN COURT OF APPEALS.— 
(A) IN
GENERAL.—Subchapter III of 
Chapter 7 of title 11, District of Columbia Offi-
cial Code, is amended by adding at the end the 
following new section: 
‘‘§ 11–745. Emergency authority to toll or delay pro-
ceedings. 
‘‘(a) TOLLING OR DELAYING PROCEEDINGS.— 
‘‘(1) IN GENERAL.—In the event of a natural 
disaster or other emergency situation requiring the 
closure of the Court of Appeals or a natural disaster 
or other emergency situation rendering it impracti-
cable for the United States or District of Columbia 
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Government or a class of litigants to comply with 
deadlines imposed by any Federal or District of Co-
lumbia law or rule that applies in the Court of Ap-
peals, the chief judge of the Court of Appeals may 
exercise emergency authority in accordance with this 
section. 
‘‘(2) SCOPE OF AUTHORITY.—The chief judge 
may enter such order or orders as may be appro-
priate to delay, toll, or otherwise grant relief from 
the time deadlines imposed by otherwise applicable 
laws or rules for such period as may be appropriate 
for any class of cases pending or thereafter filed in 
the Court of Appeals. 
‘‘(3) UNAVAILABILITY
OF
CHIEF
JUDGE.—If 
the chief judge of the Court of Appeals is absent or 
disabled, the authority conferred by this section may 
be exercised by the judge designated under section 
11–706(a) or by the Joint Committee on Judicial 
Administration. 
‘‘(4) HABEAS CORPUS UNAFFECTED.—Nothing 
in this section shall be construed to authorize sus-
pension of the writ of habeas corpus. 
‘‘(5) DEFINITIONS.—For purposes of this sub-
section— 
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‘‘(A) the term ‘natural disaster’ means any 
natural catastrophe (including any hurricane, 
tornado, storm, high water, wind-driven water, 
tidal wave, tsunami, earthquake, volcanic erup-
tion, 
landslide, 
mudslide, 
snowstorm, 
or 
drought), or, regardless of cause, any fire, 
flood, or explosion; and 
‘‘(B) the term ‘other emergency situation’ 
includes but is not limited to any occasion or 
instance of terrorism, enemy attack, sabotage, 
other hostile action, disease, or any manmade 
cause which results in an imminent threat, se-
vere damage, or injury to life or property, or 
loss thereof, or results in the destruction of or 
severe damage to a court house, or impairs the 
ability to access a courthouse, or the ability to 
staff the courts. 
‘‘(b) ISSUANCE OF ORDERS.—The United States At-
torney for the District of Columbia or the Attorney Gen-
eral for the District of Columbia or the designee of either 
may request issuance of an order under this section, or 
the chief judge may act on his or her own motion. 
‘‘(c) DURATION
OF ORDERS.—An order entered 
under this section may not toll or extend a time deadline 
for a period of more than 14 days, except that if the chief 
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judge determines that an emergency situation requires ad-
ditional extensions of the period during which deadlines 
are tolled or extended, the chief judge may, with the con-
sent of the Joint Committee on Judicial Administration, 
enter additional orders under this section in order to fur-
ther toll or extend such time deadline. 
‘‘(d) NOTICE.—Upon issuing an order under this sec-
tion, the chief judge— 
‘‘(1) shall make all reasonable efforts to pub-
licize the order, including, when possible, announcing 
the order on the District of Columbia Courts web 
site; and 
‘‘(2) shall send notice of the order, including 
the reasons for the issuance of the order, to the 
Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Over-
sight and Government Reform of the House of Rep-
resentatives. 
‘‘(e) REQUIRED REPORTS.—Not later than 180 days 
after the expiration of the last extension or tolling of a 
time period made by the order or orders relating to an 
emergency situation, the chief judge shall submit a brief 
report to the Committee on Homeland Security and Gov-
ernmental Affairs of the Senate, the Committee on Over-
sight and Government Reform of the House of Represent-
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atives, and the Joint Committee on Judicial Administra-
tion describing the orders, including— 
‘‘(1) the reasons for issuing the orders; 
‘‘(2) the duration of the orders; 
‘‘(3) the effects of the orders on litigants; and 
‘‘(4) the costs to the court resulting from the 
orders. 
‘‘(f) EXCEPTIONS.—The notice under subsection 
(d)(2) and the report under subsection (e) are not required 
in the case of an order that tolls or extends a time deadline 
for a period of less than 14 days.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents of chapter 7 of title 11, District of Co-
lumbia Official Code, is amended by adding at 
the end of the items relating to subchapter III 
the following: 
‘‘11–745. Emergency authority to toll or delay proceedings.’’. 
(c) PERMITTING AGREEMENTS TO PROVIDE SERV-
ICES ON A REIMBURSABLE BASIS TO OTHER DISTRICT 
GOVERNMENT OFFICES.— 
(1) IN GENERAL.—Section 11–1742, District of 
Columbia Official Code, is amended by adding at the 
end the following new subsection: 
‘‘(d) To prevent duplication and to promote efficiency 
and economy, the Executive Officer may enter into agree-
ments to provide the Mayor of the District of Columbia 
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with equipment, supplies, and services and credit reim-
bursements received from the Mayor for such equipment, 
supplies, and services to the appropriation of the District 
of Columbia Courts against which they were charged.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to fiscal 
year 2010 and each succeeding fiscal year. 
SEC. 3. LIABILITY INSURANCE FOR PUBLIC DEFENDER 
SERVICE. 
Section 307 of the District of Columbia Court Re-
form and Criminal Procedure Act of 1970 (sec. 2–1607, 
D.C. Official Code) is amended by adding at the end the 
following new subsection: 
‘‘(e) The Service shall, to the extent the Director con-
siders appropriate, provide representation for and hold 
harmless, or provide liability insurance for, any person 
who is an employee, member of the Board of Trustees, 
or officer of the Service for money damages arising out 
of any claim, proceeding, or case at law relating to the 
furnishing of representational services or management 
services or related services under this Act while acting 
within the scope of that person’s office or employment, 
including but not limited to such claims, proceedings, or 
cases at law involving employment actions, injury, loss of 
liberty, property damage, loss of property, or personal in-
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jury, or death arising from malpractice or negligence of 
any such officer or employee.’’. 
SEC. 4. REDUCTION IN TERM OF SERVICE OF JUDGES ON 
FAMILY COURT OF THE SUPERIOR COURT. 
(a) REDUCTION IN TERM OF SERVICE.—Section 11– 
908A(c)(1), District of Columbia Official Code, is amend-
ed by striking ‘‘5 years’’ and inserting ‘‘3 years’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to any individual 
serving as a judge on the Family Court of the Superior 
Court of the District of Columbia on or after the date of 
the enactment of this Act. 
Passed the House of Representatives November 16, 
2010. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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