Title: District of Columbia Courts Improvement Act of 2020
Policy area: Law

Summary:
District of Columbia Courts Improvement Act of 2020
This bill revises provisions related to jurors, magistrates, and other judicial officers, and otherwise makes changes to provisions related to the District of Columbia courts.
The bill expands authority for magistrate judges of the District's courts to perform certain judicial functions, including to issue arrest and search warrants, and punish an individual for contempt.
The bill (1) provides that grand and petit jurors serving in the Superior Court of the District must receive fees and expenses equivalent to those provided to jurors serving in the U.S. district courts, (2) allows service of prospective jurors to be made by electronic communication, and (3) permits individuals 70 years of age or older to opt-out of jury service.
The Joint Committee on Judicial Administration in the District and the District's Public Defender Service may each establish a voluntary separation incentive payments program for its employees substantially similar to that for certain federal employees and members of the uniformed services, except that the maximum payment amount to any individual may not exceed $25,000.
The bill removes provisions for fixed hourly rates for legal representation of indigent defendants and criminal investigative and expert services for such defendants.
The bill revises appointment and removal authority for the Executive Officer of the District's courts to include the Register of Wills.
The District's courts may give retroactive pay increases to employees on board at the time an increase is ordered, and to those that have retired (not resigned) or died between the date the increase becomes effective and the date it is ordered.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7941 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 7941

 To amend title 11, District of Columbia Official Code, to expand the 
authorities of magistrate judges of the District of Columbia courts, to 
    modernize the rules and procedures for the service of jurors in 
   District of Columbia courts, to authorize the establishment of a 
  program of voluntary separation incentive payments for nonjudicial 
   employees of the District of Columbia courts and employees of the 
 District of Columbia Public Defender Service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 4, 2020

  Ms. Norton introduced the following bill; which was referred to the 
                   Committee on Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
 To amend title 11, District of Columbia Official Code, to expand the 
authorities of magistrate judges of the District of Columbia courts, to 
    modernize the rules and procedures for the service of jurors in 
   District of Columbia courts, to authorize the establishment of a 
  program of voluntary separation incentive payments for nonjudicial 
   employees of the District of Columbia courts and employees of the 
 District of Columbia Public Defender Service, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``District of Columbia Courts 
Improvement Act of 2020''.

SEC. 2. EXPANSION OF AUTHORITY OF MAGISTRATE JUDGES OF SUPERIOR COURT 
              TO PERFORM CERTAIN JUDICIAL FUNCTIONS.

    (a) Expanded Authorities Described.--Section 11-1732(j), District 
of Columbia Official Code, is amended by striking paragraph (5) and 
inserting the following:
            ``(5) Issue arrest and search warrants pursuant to 
        subchapters II and IV of chapter 5 of title 23, District of 
        Columbia Official Code, and search warrants pursuant to section 
        14 of the Uniform Narcotic Drug Act (52 Stat. 792; sec. 48-
        921.02, D.C. Official Code).
            ``(6) In the case of proceedings which are initiated prior 
        to the expiration of the 5-year period which begins on the date 
        of the enactment of the District of Columbia Courts Improvement 
        Act of 2020, conduct hearings, make findings, and enter interim 
        and final orders or judgments in uncontested or contested 
        proceedings in the Probate and Civil Divisions of the Superior 
        Court, excluding the following proceedings:
                    ``(A) Trials.
                    ``(B) Contested motions to dismiss, for judgment on 
                the pleadings, and for summary judgment.
            ``(7) Enter an order punishing an individual for contempt, 
        except that no individual may be detained pursuant to the 
        authority of this paragraph for longer than 180 days, and such 
        an order shall not be subject to the limitations and exclusions 
        applicable to orders under paragraph (6).
            ``(8) In addition to the functions described in the 
        preceding paragraphs, with the consent of the parties involved, 
        conduct hearings, make findings, and enter interim and final 
        orders or judgments in all other uncontested or contested 
        proceedings in the Civil, Criminal, and Probate Divisions and 
        the Family Court of the Superior Court, excluding jury trials 
        in the Criminal Division and trials of felony cases in the 
        Criminal Division.''.
    (b) Conforming Amendment Relating to Review of Orders and 
Judgments.--Section 11-1732(k), District of Columbia Official Code, is 
amended by striking ``With respect to proceedings'' and all that 
follows through ``in the case of magistrate judges'' and inserting the 
following: ``With respect to hearings and proceedings under paragraphs 
(2), (3), (4), (6), (7), and (8) of subsection (j) (or proceedings and 
hearings under section 11-1732A(d), in the case of magistrate judges''.
    (c) Technical Amendment.--Paragraphs (1), (2), (3), and (4) of 
section 11-1732(j), District of Columbia Official Code, are each 
amended by striking the semicolon at the end and inserting a period.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act, except that paragraph 
(5) of section 11-1732(j), District of Columbia Official Code (as 
amended by subsection (a)), shall take effect on the effective date of 
a law enacted after the date of the enactment of this Act by the 
government of the District of Columbia which amends section 23-501(1), 
District of Columbia Official Code, and section 14 of the Uniform 
Narcotic Drug Act (52 Stat. 792; sec. 48-921.02, D.C. Official Code) to 
take such paragraph (as amended by subsection (a)) into account.

SEC. 3. MODERNIZATION OF RULES AND PROCEDURES RELATING TO SERVICE OF 
              JURORS.

    (a) Establishing Fees for Jurors Serving in Superior Court of the 
District of Columbia at Same Rates Paid for Jurors Serving in United 
States District Courts.--
            (1) Establishment of fees.--Section 11-1912(a), District of 
        Columbia Official Code, is amended to read as follows:
    ``(a) Grand and petit jurors serving in the Superior Court shall 
receive fees and expenses at rates equivalent to the rates provided 
under section 1871 of title 28, United States Code, for fees and 
allowances paid to grand and petit jurors appearing in the district 
courts of the United States.''.
            (2) Conforming amendment.--Section 15-718, District of 
        Columbia Official Code, is repealed.
            (3) Effective date.--The amendments made by this subsection 
        shall apply with respect to fees and expenses paid on or after 
        the first day of the first fiscal year which begins after the 
        date of the enactment of this Act.
    (b) Modernizing Process for Serving of Summonses.--
            (1) Juror qualification forms.--Section 11-1906(c), 
        District of Columbia Official Code, is amended--
                    (A) in paragraph (1), by striking ``shall provide 
                that a juror qualification form be mailed'' and 
                inserting ``shall require that a juror qualification 
                form be provided''; and
                    (B) in paragraph (2), by striking ``return'' and 
                inserting ``submit''.
            (2) Use of electronic communication.--Section 11-1907(a), 
        District of Columbia Official Code, is amended by striking the 
        last sentence and inserting the following: ``Under the jury 
        system plan, service of prospective jurors may be made 
        personally, by mail, or, with the consent of the prospective 
        juror, by electronic communication.''.
    (c) Permitting Individuals 70 Years of Age or Older To Opt Out of 
Service.--Section 11-1908(b), District of Columbia Official Code, is 
amended--
            (1) by striking ``or (4)'' and inserting ``(4)''; and
            (2) by striking the period at the end of the first sentence 
        and inserting the following: ``; or (5) excluded by the Court 
        upon the request of the individual if the individual is 70 
        years of age or older.''.

SEC. 4. AUTHORIZATION FOR PROGRAM OF VOLUNTARY SEPARATION INCENTIVE 
              PAYMENTS.

    (a) Program for District of Columbia Courts.--
            (1) In general.--Chapter 17 of title 11, District of 
        Columbia Official Code, is amended by inserting after section 
        11-1726 the following new section:
``Sec. 11-1726A. Voluntary separation incentive payments
    ``The Joint Committee on Judicial Administration may, by 
regulation, establish a program substantially similar to the program 
established under subchapter II of chapter 35 of title 5, United States 
Code, for nonjudicial employees of the District of Columbia courts, 
except that the maximum amount of the payment made under the program to 
any individual may not exceed the amount referred to in section 
3523(b)(3)(B) of title 5, United States Code.''.
            (2) Clerical amendment.--The table of contents of chapter 
        17 of title 11, District of Columbia Official Code, is amended 
        by inserting after the item relating to section 11-1726 the 
        following new item:

``11-1726A. Voluntary separation incentive payments.''.
    (b) Program for District of Columbia Public Defender Service.--
Section 305 of the District of Columbia Court Reform and Criminal 
Procedure Act of 1970 (sec. 2-1605, D.C. Official Code) is amended by 
adding at the end the following new subsection:
    ``(d) The Director may establish a program substantially similar to 
the program established under subchapter II of chapter 35 of title 5, 
United States Code, for employees of the Service, except that the 
maximum amount of the payment made under the program to any individual 
may not exceed the amount referred to in section 3523(b)(3)(B) of title 
5, United States Code.''.
    (c) No Effect on Previous Payments.--Nothing in this section or the 
amendments made by this section may be construed to affect any 
voluntary separation incentive payment made prior to the date of the 
enactment of this Act under a program established by the Joint 
Committee on Judicial Administration in the District of Columbia or the 
District of Columbia Public Defender Service.

SEC. 5. ADJUSTMENTS IN COMPENSATION RATES FOR CERTAIN PERSONNEL.

    (a) Attorneys Representing Indigent Defendants.--
            (1) In general.--Section 11-2604(a), District of Columbia 
        Official Code, is amended by striking ``at a fixed rate of $90 
        per hour'' and inserting ``an hourly rate not to exceed the 
        rate payable under section 3006A(d)(1) of title 18, United 
        States Code''.
            (2) Effective date.--The amendments made by this section 
        shall apply with respect to cases and proceedings initiated on 
        or after the date of the enactment of this Act.
    (b) Criminal Justice Investigators.--
            (1) In general.--Section 11-2605, District of Columbia 
        Official Code, is amended by striking ``(or, in the case of 
        investigative services, a fixed rate of $25 per hour)'' each 
        place it appears in subsections (b) and (c).
            (2) Effective date.--The amendments made by this section 
        shall apply with respect to investigative services provided in 
        connection with cases and proceedings initiated on or after the 
        date of the enactment of this Act.

SEC. 6. AUTHORITY OF EXECUTIVE OFFICER OF COURTS OVER REGISTER OF 
              WILLS.

    (a) Appointment and Removal.--
            (1) In general.--Section 11-1725(b), District of Columbia 
        Official Code, is amended--
                    (A) by inserting ``the Register of Wills,'' after 
                ``the clerks of the courts,''; and
                    (B) by striking ``(other than the Register of Wills 
                and personal law clerks and secretaries of the 
                judges)'' and inserting ``(other than personal law 
                clerks and judicial administrative assistants of the 
                judges)''.
            (2) Conforming amendment.--Section 11-2102(a), District of 
        Columbia Official Code, is amended by striking ``The Superior 
        Court shall appoint and remove'' and inserting ``Pursuant to 
        section 11-1725(b), the Executive Officer of the District of 
        Columbia Courts shall appoint and may remove''.
    (b) Determination of Compensation.--Section 11-2102(c), District of 
Columbia Official Code, is amended to read as follows:
    ``(c) The compensation of the Register of Wills shall be fixed in 
accordance with section 11-1726(a).''.
    (c) Assignment of Duties.--Section 11-2103, District of Columbia 
Official Code, is amended by striking ``the chief judge of the Superior 
Court'' and inserting ``the Executive Officer of the District of 
Columbia Courts''.

SEC. 7. AUTHORIZATION OF RETROACTIVE PAY ADJUSTMENTS FOR COURT 
              EMPLOYEES.

    Section 11-1726, District of Columbia Official Code, is amended by 
adding at the end the following new subsection:
    ``(d) Retroactive pay may be payable to an employee of the District 
of Columbia courts by reason of an increase in the salary or pay 
schedule applicable to the employee pursuant to this section which 
occurs during fiscal year 2020 or any succeeding fiscal year, but only 
if--
            ``(1) the employee is in the service of the District of 
        Columbia courts on the date of final action by the Executive 
        Officer regarding the increase; or
            ``(2) the employee retired or died during the period 
        beginning on the effective date of the increase and ending on 
        the date of final action by the Executive Officer regarding the 
        increase, except that retroactive pay for such an employee 
        shall be provided only with respect to services performed 
        during that period.''.

SEC. 8. REVISING CERTAIN REFERENCES.

    (a) References to Domestic Violence Division.--
            (1) In general.--The District of Columbia Official Code is 
        amended by striking ``Domestic Violence Unit'' each place it 
        appears in the following sections and inserting ``Domestic 
        Violence Division'':
                    (A) Section 11-902(d).
                    (B) Section 11-1101(b)(2).
                    (C) Section 11-1732.
                    (D) Section 16-1001(5).
                    (E) Section 16-1003(a).
                    (F) Section 16-1004(a).
            (2) Special rules for magistrate judges.--Section 11-1732A, 
        District of Columbia Official Code, is amended--
                    (A) in the heading, by striking ``Domestic Violence 
                Unit'' and inserting ``Domestic Violence Division''; 
                and
                    (B) by striking ``Domestic Violence Unit'' each 
                place it appears and inserting ``Domestic Violence 
                Division''.
            (3) Clerical amendment.--The table of sections at the 
        beginning of subchapter II of chapter 17 of title 11, District 
        of Columbia Official Code, is amended by amending the item 
        relating to section 11-1732A to read as follows:

``11-1732A. Special rules for magistrate judges of the Family Court of 
                            the Superior Court and the Domestic 
                            Violence Division.''.
    (b) References to Individuals With Intellectual Disabilities.--(1) 
Section 11-501(2)(D), District of Columbia Official Code, is amended by 
striking ``substantially retarded persons'' and inserting ``persons 
with moderate intellectual disabilities''.
    (2) Section 11-921(a)(4)(D), District of Columbia Official Code, is 
amended by striking ``substantially retarded persons'' and inserting 
``persons with moderate intellectual disabilities''.
    (3) Section 11-1101(a)(15), District of Columbia Official Code, is 
amended by striking ``the at least moderately mentally retarded'' and 
inserting ``persons with moderate intellectual disabilities''.
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