District of Columbia Judicial Efficiency and Improvement Act of 1986
PL 99-573 (H.R.3578), enacted 10/28/1986

100 STAT. 3228 
PUBLIC LAW 99-573—OCT. 28, 1986 
Public Law 99-573 
99th Congress 
An Act 
Oct. 28, 1986 
[H.R. 3578] 
District of 
Columbia 
Judicial 
Efficiency 
and 
Improvement 
Act of 1986. 
To provide permanent authority for hearing commissioners in the District of Colum-
bia courts, to modify certain procedures of the District of Columbia Judicial 
Nomination Commission and the District of Columbia Commission on Judicial 
Disabilities and Tenure, 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 Judicial 
Efficiency and Improvement Act of 1986". 
SEC. 2. HEARING COMMISSIONERS. 
(a) Section 1732 of title 11 of the District of Columbia Code is 
amended to read as follows: 
"§ 11-1732. Hearing commissioners. 
"(a) With the approval of a majority of the judges of the Superior 
Court of the District of Columbia in active service and subject to 
standards and procedures established by the rules of the Superior 
Court, the chief judge of the Superior Court may appoint Hearing 
Commissioners, who shall serve in the Superior Court and perform 
the duties enumerated in subsection (j) of this section and such other 
functions incidental to these duties as are consistent with the rules 
of the Superior Court and the Constitution and laws of the United 
States and of the District of Columbia. 
"(b) Hearing commissioners shall be selected pursuant to stand-
ards and procedures adopted by the Board of Judges. Such proce-
dures shall contain provisions for public notice of all vacancies in 
hearing commissioner positions and for the establishment by the 
Court of an advisory merit selection panel, composed of lawyer and 
nonlawyer residents of the District of Columbia who are not employ-
ees of the District of Columbia Courts, to assist the Board of Judges 
in identifying and recommending persons who are best qualified to 
fill such positions. 
"(c) No individual shall be appointed as a hearing commissioner 
unless that individual— 
"(1) is a citizen of the United States; 
"(2) is an active member of the unified District of Columbia 
Bar and has been engsiged in the active practice of law in the 
District for the five years immediately preceding the appoint-
ment or for such five years has been on the faculty of a law 
school in the District, or has been employed as a lawyer by the 
United States or District government; and 
"(3) is a bona fide resident of the District of C!olumbia and has 
maintained an actual place of abode in the District for at least 
ninety days immediately prior to appointment, and retains such 
residency during service as a hearing commissioner, except that 
Hearing Commissioners appointed prior to the effective date of 
PUBLIC LAW 99-573—OCT. 28, 1986 
100 STAT. 3229 
this section shall not be required to be residents of the District 
to be eligible to be appointed to one of the initial terms under 
this section or to be reappointed. 
"(d) Hearing commissioners shall be appointed for terms of four 
years and may be reappointed for terms of four years. Those individ-
uals serving as hearing commissioners on the effective date of this 
Act shall be automatically appointed for a four year term. 
"(e) Upon the expiration of a hearing commissioner's term, the 
hearing commissioner may continue to perform the duties of office 
until a successor is appointed, or for 90 days after the date of the 
expiration of the hearing commissioner's term, whichever is earlier, 
(f) No individual may serve as a hearing commissioner under this 
section after having attained the age of seventy-four. 
"(g) The Board of Judges may suspend, involuntarily retire, or 
remove a hearing commissioner, during the term for which the 
hearing commissioner is appointed, only for incompetence, mis-
conduct, neglect of duty, or physical or mental disability. Suspen-
sion, involuntary retirement, or removal requires the concurrence of 
a majority of the judges in active service. Before any order of 
suspension, involuntary retirement, or removal shall be entered, a 
full specification of the charges and the opportunity to be heard 
shall be furnished to the hearing commissioner pursuant to proce-
dures established by rules of the Superior Court. 
"(h) If the Board of Judges determines that a hearing commis-
sioner position is not needed, the Board of Judges may terminate the 
position. 
"(i)(l) Hearing commissioners may not engage in the practice of 
law, or in any other business, occupation, or employment inconsist-
ent with the expeditious, proper, and impartial performance of their 
duties as officers of the court. 
"(2) Hearing commissioners shall abide by the Canons of Judicial 
Ethics. 
"0") A hearing commissioner, when specifically designated by the 
chief judge of the Superior Court, and subject to the rules of the 
Superior Court and the right of review under subsection (k), may 
perform the following functions: 
"(1) Administer oaths and affirmations and take acknowl-
edgements; 
"(2) Determine conditions of release pursuant to the provi-
sions of title 23 of the District of Columbia Code (relating to 
criminal procedure); 
"(3) Conduct preliminary examinations and initial probation 
revocation hearings in all criminal cases to determine if there is 
probable cause to believe that an offense has been committed 
and that the accused committed it; 
"(4)(A) In any case brought under sections 11-1101(1), (3), (10), Children and 
or (11) of the District of Columbia Code involving the establish- 
youth. 
ment or enforcement of child support, or in any CEise seeking to 
modify an existing child support order, where a hearing 
commissioner in the Family Division of the Superior Court finds 
that there is an existing duty of support, the hearing commis-
sioner shall conduct a hearing on support, make findings, and 
enter judgment as provided by law, and in accordance with 
guidelines established by rule of the Superior Court, which 
judgment shall constitute a final order of the Superior Court. 
"(B) If in a CEise under paragraphs (A), the hearing commis-
sioner finds that a duty of support exists and makes a finding 
100 STAT. 3230 
PUBLIC LAW 99-573—OCT. 28, 1986 
• .h that the case involves complex issues requiring judicial resolu-
7sl)' tion, the hearing commissioner shall establish a temporary 
support obligation and refer unresolved issues to a judge of the 
: 'iT Superior Court. 
brv 
"(C) In cases under subparagraphs (A) and (B) in which the 
<
s
r i hearing commissioner finds that there is a duty of support and 
the individual owing that duty has been served or given notice 
s '' of the proceeding under any applicable statute or court rule, if 
that individual fails to appear or otherwise respond, the hearing 
commissioner shall enter a default order, which shall constitute 
a final order of the Superior Court; 
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"(5) Subject to the rules of the Superior Court and with the 
consent of the parties involved, make findings and enter final 
^ 
orders or judgments in other uncontested or contested proceed-
®
* •' ings, in the Civil, Criminal, and Family Divisions of the Supe-
rior Court, excluding jury trials and trials of felony cases, 
"(k) With respect to proceedings and hearings under paragraphs 
(2), (3), (4), and (5) of subsection (j)> a review of the hearing commis-
sioner's order or judgment, in whole or in part, may be made by a 
judge of the appropriate division sua sponte and must be made upon 
a motion of one of the parties made pursuant to procedures estab-
lished by rules of the Superior Court. The reviewing judge shall 
conduct such proceedings as required by the rules of the Superior 
Court. An appeal to the District of Columbia Court of Appeals may 
be made only after a judge of the Superior Court has reviewed the 
order or judgment. 
"(1) The 
Superior 
Court 
shall 
ensure 
that 
all 
hearing 
commissioners receive training to enable them to fulfill their 
responsibilities. 
"(m)(l) The chief judge of the Superior Court, in consultation with 
the District of Columbia Bar, the City Council of the District of 
Columbia, and other interested parties, shall within one year of the 
effective date of this section, make a careful study of conditions in 
the Superior Court to determine— 
"(A) the number of appointments required to provide for the 
j,jj. effective administration of justice; 
"(B) the divisions in which hearing commissioners shall serve; 
"(C) the appropriate functions of hearing commissioners; and 
^ 
"(D) the compensation of, and other personnel matters 
pertaining to, hearing commissioners. ^ 
Reports. 
Upon completion of the study, the chief judge shall report the 
findings of such study to the appropriate committees of the 
Congress. 
"(2) After the study required by paragraph (1), the chief judge 
t 
1 
shall, from time to time, make such studies as the Board of Judges 
-
f ,} 
shall deem expedient, giving consideration to suggestions of the 
District of Columbia Bar and other interested parties. 
"(n) With the concurrence of the District of Columbia Court of 
Appeals, the Board of Judges of the Superior Court may, promulgate 
rules, not inconsistent with the terms of this section, which are 
necessary for the fair and effective utilization of hearing commis-
sioners in the Superior Court. 
"(o) For purposes of this section, the term 'Board of Judges' means 
the judges of the Superior Court of the District of Columbia. Any 
action of the Board of Judges shall require a majority vote of the 
sitting judges.". 
„- 
, ^.j 
. 
PUBLIC LAW 99-573—OCT. 28, 1986 
100 STAT. 3231 
SEC. 3. APPOINTMENT OF EXECUTIVE OFFICER OF THE DISTRICT OF 
COLUMBIA COURTS. 
Section 1703 of title 11 of the District of Columbia Code is 
amended— 
(1) by striking out subsection (b); 
• 
(2) by redesignating subsection (c) as subsection (d); and 
(3) by inserting after subsection (a) the following new 
subsections: 
"(b) The Executive Officer shall be appointed, and subject to 
removal, by the Joint Committee on Judicial Administration with 
the approval of the chief judges of the District of Columbia Courts. 
In making such appointment the Joint Committee shall consider 
experience and special training in administrative and executive 
positions and familiarity with court procedures. 
"(c) The Executive Officer shall be a bona fide resident of the 
District of Columbia or become a resident not more than 180 days 
after the date of appointment except that the Executive Officer in 
office at the effective date of this Act shall not be required to be or 
to become a resident of the District of Columbia.". 
SEC. 4. MANDATORY RETIREMENT AGE OF JUDGES. 
Section 431(c) of the District of Columbia Self-Government and 
Governmental Reorganization Act is amended by striking out 
87 Stat. 792. 
"seventy" and inserting in lieu thereof "seventy-four". 
SEC. 5. REORGANIZATION OF AUDIT RESPONSIBILITY. 
(a) AUDITOR-MASTER.—Section 11-1724 of title 11 of the District of 
Columbia Code is amended— 
(1) by striking out "(1) audit and state fiduciary accounts,"; 
and 
(2) by respectively designating clauses (2) and (3) as clauses 
"(1)" and "(2)". 
(b) REGISTER OF WILLS.—Section ll-2104(a) of title 11 of the Dis-
trict of Columbia C!ode is amended— 
(1) in pareigraph (2) by striking out "and" after the semicolon; 
2:}- 
(2) in paragraph (3) by striking out the period and inserting in 
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lieu thereof "; and"; and 
(3) by inserting at the end thereof the following new 
0.r 
parsigraph: 
:,-
"(4) audit and state fiduciary accounts.". 
SEC. 6. ELIMINATION OF DUPLICATE JUDICIAL FINANCIAL REPORTING 
REQUIREMENT. 
(a) TERMINATION OF FEDERAL DISCLOSURE REQUIREMENTS.—Section 
303 of the Ethics in Government Act of 1978 (28 U.S.C. App. 301) 
is amended by inserting at the end thereof the following new 
subsection: 
"(h) The provisions of this Act shall not apply to any judicial 
officer or employee of the Superior Court of the District of Columbia 
or the District of C!olumbia (3ourt of Appeals or any other employee 
of the District of Columbia court system.". 
(b) TECHNICAL AND CONFORMING AMENDMENT.—Section 308(9) of 
such Act (28 U.S.C. App. 308(9)) is amended by striking out "courts 
of the District of Columbia". 
100 STAT. 3232 
PUBLIC LAW 99-573—OCT. 28, 1986 
State and local 
governments. 
Records. 
Classified 
information. 
87 Stat. 796. 
SEC. 7. CERTIFICATION OF QUESTIONS OF LAW. 
Subchapter II of Chapter 7, title 11, District of Columbia Code, is 
amended by inserting after section 11-722 the following new section: 
"§ 11-723. Certification of Questions of Law. 
"(a) The District of Columbia Court of Appeals may answer ques-
tions of law 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 there are involved in any proceeding 
before any such certifying court questions of law of the District of 
Columbia which may be determinative of the cause pending in such 
certifying court and as to which it appears to the certifying court 
there is no controlling precedent in the decisions of the District of 
Columbia Court of Appeals. 
"(b) This section may be invoked by an order of any of the courts 
referred to in subsection (a) upon the court's motion or upon motion 
of any party to the cause. 
"(c) A certification order shall set forth (1) the question of law to 
be answered; and (2) a statement of all facts relevant to the ques-
tions certified and the nature of the controversy in which the 
questions arose. 
"(d) A certification order shall be prepared by the certifying court 
and forwarded to the District of Columbia Court of Appeals. The 
District of Columbia Court of Appeals may require the original or 
copies of all or such portion of the record before the certifying court 
as are considered necessary to a determination of the questions 
certified to it. 
"(e) Fees and costs shall be the same as in appeals docketed before 
the District of Columbia Court of Appeals and shall be equally 
divided between the parties unless precluded by statute or by order 
of the certifying court. 
"(f) The District of Columbia Court of Appeals may prescribe the 
rules of procedure concerning the answering and certification of 
questions of law, under this section. 
"(g) The written opinion of the District of Columbia Court of 
Appeals stating the law governing any questions certified under 
subsection (a) shall be sent by the clerk to the certifying court and to 
the parties. 
"(h)(1) The District of Columbia Court of Appeals, on its own 
motion or the motion of any party, may order certification of 
questions of law to the highest court of any State under the condi-
tions described in subsection (a). 
"(2) The procedures for certification from the District of Columbia 
to a State shall be those provided in the laws of that State.". 
SEC. 8. PUBLIC ACCESS TO MATERIALS OF JUDICIAL NOMINATION 
COMMISSION. 
Section 434(c)(3) of the District of Columbia Self-Government and 
Governmental Reorganization Act is amended by striking out the 
last sentence and inserting in lieu thereof: "Information, records, 
and other materials furnished to or developed by the C!ommission in 
the performance of its duties under this section shall be privileged 
and confidential. Section 552 of title 5, United States Code (known 
as the Freedom of Information Act), shall not apply to any such 
materials.". 
PUBLIC LAW 99-573—OCT. 28, 1986 
100 STAT. 3233 
Records. 
Classified 
information. 
SEC. 9. MEETINGS OF THE JUDICIAL NOMINATION COMMISSION. 
Section 434(c)(1) of the District of Columbia Self-Government and 
Governmental Reorganization Act is amended by inserting at the 8
7 Stat. 796. 
end thereof "Meetings of the Commission may be closed to the 
public. Section 742 of this Act shall not apply to meetings of the 8
7 Stat. 831. 
Commission.". 
SEC. 10. PUBLIC ANNOUNCEMENT OP JUDICIAL RECOMMENDATIONS. 
Section 434(d) of the District of Columbia Self-Government and 
Governmental Reorganization Act is amended by inserting at the 
end thereof the following new paragraph: 
"(4) Upon submission to the President, the name of any individual Public 
recommended under this subsection shall be made public by the information. 
Judicial Nomination Commission.". 
SEC. 11. DISCLOSURE OF CERTAIN INFORMATION TO THE JUDICIAL 
NOMINATION COMMISSION. 
Section 11-1528 of title 11, District of Columbia Code, is amended 
by striking out all of subsection (a) and inserting in lieu thereof the 
following: 
"(aXD Subject to paragraph (2), the filing of papers with, and the 
giving of testimony before, the Commission shall be privileged. 
Subject to paragraph (2), hearings before the Commission, the record 
thereof, and materials and papers filed in connection with such 
hearings shall be confidential. 
"(2XA) The judge whose conduct or health is the subject of any 
proceedings under this chapter may disclose or authorize the disclo-
sure of any information under paragraph (1). 
"(B) With respect to a prosecution of a witness for perjury or on 
review of a decision of the Commission, the record of hearings before 
the Commission and all papers filed in connection with such hearing 
shall be disclosed to the extent required for such prosecution or 
review. 
"(C) Upon request, the Commission shall disclose, on a privileged 
and confidential basis, to the District of Columbia Judicial Nomina-
tion Commission any information under paragraph (1) concerning 
any judge being considered by such nomination commission for 
elevation to the District of Columbia Court of Appeals or for chief 
judge of a District of Columbia court.". 
SEC. 12. REAPPOINTMENT TO JUDICIAL OFFICE. 
Section 433(c) of the District of Columbia Self-Government and 
Governmental Reorganization Act is amended— 
8
7 Stat. 795. 
(1) in the first sentence by striking out "three months" and 
inserting in lieu thereof "six months"; and 
(2) in the second sentence, by striking out "thirty" and insert-
ing in lieu thereof "sixty". 
SEC. 13. MODIFICATION OF JUDICIAL REAPPOINTMENT EVALUATION 
CATEGORIES. 
Section 433(c) of the District of Columbia Self-Government and 
Governmental Reorganization Act is amended in the third sentence 
by striking out "exceptionally well-qualified or". 
SEC. 14. SERVICES OF RETIRED JUDGES. 
(a) SENIOR JUDGES.—The second sentence of section 1504(aXl) of 
title 11, District of Columbia Code, is amended by striking "every 
100 STAT. 3234 
PUBLIC LAW 99-573—OCT. 28, 1986 
two years" and inserting "every four years, unless the Senior Judge 
has reached his or her seventy-fourth birthday, whereupon review 
.•^:. , 
shall be at least every two years,". 
(b) REQUEST FOR SENIOR JUDGESHIP.—Section 1504(a) of title 11, 
District of Columbia Code, is further amended by striking out 
paragraphs (2) and (3) and inserting after paragraph (1) the follow-
ing new paragraph: 
"(2) At any tirtie prior to or not later than one year after retire-
ment, a judge may request recommendation from the District of 
Columbia Commission on Judicial Disabilities and Tenure (herein-
after in this section referred to as the 'Commission') to be appointed 
"«,;' 
as a senior judge in accordance with this section; except that any 
• ' ' 
retired judge shall have not less than 180 days from the effective 
date of this Act to file a request for an initial recommendation from 
the Commission." 
(c) SERVICE BY RETIRED JUDGES.—Section 1565 of title 11, District 
of Columbia Code, is amended to read £is follows: 
"§ 11-1565. Service by Retired Judges. 
Wages. 
"Any retired judge performing judicial duties as a senior judge on 
the District of Columbia Court of Appeals or the Superior Court 
shall be entitled, during the period for which he or she serves, to 
* 
"
^ 
receive the same daily rate of pay as a judge on the court in which 
he or she performs such duties. The cumulative daily earnings of a 
senior judge, in any single year, when added to the annual retire-
ment salary, may not exceed the current annual salary of a judge of 
Health and 
the court in which he or she performs such duties. No deduction 
medical care. 
shall be withheld for health benefits. Federal employee's life insur-
Insurance. 
ance, or retirement purposes from the salary paid to a judge during 
judicial service. The performance of such judicial service shall not 
create an additional retirement, change retirement, or create, or in 
any manner affect a survivor annuity. . 
SEC. 15. EXTENSION 
OF 
PERIOD 
FOR 
SUBMITTING 
JUDICIAL 
NOMINATIONS. 
Section 434(d)(1) of the District of Columbia Self-Government and 
87 Stat. 796. 
Governmental Reorganization Act is amended by striking out 
"thirty days" each place it appears and inserting in lieu thereof 
"sixty days". 
SEC. 16. JUDICIAL COMPENSATION. 
(a) COURT OF APPEALS.—Section 703(b) of title 11 of the District of 
M: 
Columbia Code is amended by striking out "90 per centum of. 
(b) SUPERIOR COURT.—Section 904(b) of title 11 of the District of 
Columbia Code is amended by striking out "90 per centum of. 
SEC. 17. CHIEF JUDGE OF THE DISTRICT OF COLUMBIA COURT OF AP-
PEALS AS PRESIDING OFFICER OF THE PUBLIC DEFENDER 
SERVICE. 
Section 330 of the District of Columbia Court Reform and Crimi-
nal Procedure Act of 1970 (Public Law 91-358; 1-2703, D.C. Code) is 
amended— 
(1) by striking out clause (A) of subsection (b)(1) and re-
designating clauses (B), (C), (D), and (E) as clauses (A), (B), (C), 
and (D), respectively; and 
PUBLIC LAW 99-573—OCT. 28, 1986 
100 STAT. 3235 
(2) in paragraph (2) of subsection (b) by striking out "Chief 
Judge of the United States Court of Appeals for the District of 
Columbia Circuit" and inserting in lieu thereof "Chief Judge of 
the District of Columbia Court of Appeals". 
SEC. 18. EFFECTIVE DATE. 
28 USC app. 
301 note. 
The amendments made by this Act shall take effect on the date of 
the enactment of this Act. 
•J 
I'i, 
Approved October 28, 1986. 
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11 a 
LEGISLATIVE HISTORY—H.R. 3578: 
HOUSE REPORTS: No. 99-326 (Comm. on the District of Columbia). 
SENATE REPORTS: No. 99-477 (Comm. on Governmental Affairs). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): Oct. 28, considered and passed House. 
Vol. 132 (1986): Oct. 3, considered and passed Senate, amended. 
Oct. 10, House concurred in Senate amendment.