D.C. Courts and Public Defender Service Act of 2011
PL 112-229 (S.1379), enacted 12/28/2012

126 STAT. 1611 
PUBLIC LAW 112–229—DEC. 28, 2012 
Public Law 112–229 
112th Congress 
An Act 
To amend title 11, District of Columbia Official Code, to revise certain administrative 
authorities of the District of Columbia courts, and 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. 
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 ‘‘D.C. Courts and Public Defender 
Service Act of 2011’’. 
SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS. 
(a) PERMITTING JUDICIAL CONFERENCE
ON BIENNIAL BASIS; 
ATTENDANCE OF MAGISTRATE JUDGES.—Section 11–744, District of 
Columbia Official Code, is amended— 
(1) in the first sentence, by striking ‘‘annually’’ and 
inserting ‘‘biennially or annually’’; 
(2) in the first sentence, by striking ‘‘active judges’’ and 
inserting ‘‘active judges and magistrate judges’’; 
(3) in the third sentence, by striking ‘‘Every judge’’ and 
inserting ‘‘Every judge and magistrate judge’’; and 
(4) in the third sentence, by striking ‘‘Courts of Appeals’’ 
and inserting ‘‘Court of Appeals’’. 
(b) EMERGENCY AUTHORITY TO TOLL OR DELAY JUDICIAL PRO-
CEEDINGS.— 
(1) PROCEEDINGS IN SUPERIOR COURT.— 
(A) IN GENERAL.—Subchapter III of Chapter 9 of title 
11, District of Columbia Official Code, is amended by 
adding at the end the following new section: 
‘‘§ 11–947. Emergency authority to toll or delay proceedings. 
‘‘(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 rendering it impracticable for the United States or 
District of Columbia Government or a class of litigants to 
comply with deadlines imposed by any Federal or District of 
Columbia 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 appropriate to delay, toll, 
or otherwise grant relief from the time deadlines imposed by 
D.C. Courts and 
Public Defender 
Service Act 
of 2011. 
Dec. 28, 2012 
[S. 1379] 
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126 STAT. 1612 
PUBLIC LAW 112–229—DEC. 28, 2012 
otherwise applicable laws or rules for such period as may 
be appropriate for any class of cases pending or thereafter 
filed in the Superior Court. 
‘‘(B) The authority conferred by this section extends to 
all laws and rules affecting criminal and juvenile proceedings 
(including, pre-arrest, post-arrest, pretrial, trial, and post-trial 
procedures) and civil, family, domestic violence, probate and 
tax proceedings. 
‘‘(3) UNAVAILABILITY OF CHIEF JUDGE.—If the chief judge 
of the Superior Court is absent or disabled, the authority con-
ferred 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 suspension of the writ of habeas 
corpus. 
‘‘(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 Columbia Government to inves-
tigate, litigate, and process defendants during and after the emer-
gency situation, as well as the ability of criminal defendants as 
a class to prepare their defenses. 
‘‘(c) ISSUANCE
OF ORDERS.—The United States Attorney for 
the District of Columbia or the Attorney General 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 additional extensions of the period during which 
deadlines are tolled or extended, the chief judge may, with the 
consent of the Joint Committee on Judicial Administration, enter 
additional orders under this section in order to further toll or 
extend such time deadline. 
‘‘(e) NOTICE.—Upon issuing an order under this section, the 
chief judge— 
‘‘(1) shall make all reasonable efforts to publicize 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 Com-
mittee on Oversight and Government Reform of the House 
of Representatives. 
‘‘(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 Home-
land Security and Governmental Affairs of the Senate, the Com-
mittee on Oversight and Government Reform of the House of Rep-
resentatives, and the Joint Committee on Judicial Administration 
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. 
Web posting. 
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126 STAT. 1613 
PUBLIC LAW 112–229—DEC. 28, 2012 
‘‘(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 Columbia 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 Official Code, is amended by 
adding at the end the following new section: 
‘‘§ 11–745. Emergency authority to toll or delay proceedings. 
‘‘(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 rendering it impracticable for the United States 
or District of Columbia Government or a class of litigants 
to comply with deadlines imposed by any Federal or District 
of Columbia law or rule that applies in the Court of Appeals, 
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 appropriate 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 des-
ignated 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 suspension of the writ of habeas 
corpus. 
‘‘(b) ISSUANCE OF ORDERS.—The United States Attorney for 
the District of Columbia or the Attorney General 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 judge determines that an emergency 
situation requires additional extensions of the period during which 
deadlines are tolled or extended, the chief judge may, with the 
consent of the Joint Committee on Judicial Administration, enter 
additional orders under this section in order to further toll or 
extend such time deadline. 
‘‘(d) NOTICE.—Upon issuing an order under this section, the 
chief judge— 
‘‘(1) shall make all reasonable efforts to publicize the order, 
including, when possible, announcing the order on the District 
of Columbia Courts Web site; and 
Web posting. 
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126 STAT. 1614 
PUBLIC LAW 112–229—DEC. 28, 2012 
‘‘(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 Com-
mittee on Oversight and Government Reform of the House 
of Representatives. 
‘‘(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 Home-
land Security and Governmental Affairs of the Senate, the Com-
mittee on Oversight and Government Reform of the House of Rep-
resentatives, and the Joint Committee on Judicial Administration 
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 Columbia 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 SERVICES
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 agreements to pro-
vide the Mayor of the District of Columbia with equipment, supplies, 
and services and credit reimbursements 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 suc-
ceeding fiscal year. 
SEC. 3. LIABILITY INSURANCE FOR PUBLIC DEFENDER SERVICE. 
Section 307 of the District of Columbia Court Reform 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 considers 
appropriate, provide representation for and hold harmless, or pro-
vide 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, 
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126 STAT. 1615 
PUBLIC LAW 112–229—DEC. 28, 2012 
LEGISLATIVE HISTORY—S. 1379: 
HOUSE REPORTS: No. 112–178 (Comm. on Homeland Security and Governmental 
Affairs). 
CONGRESSIONAL RECORD, Vol. 158 (2012): 
July 9, considered and passed Senate. 
Dec. 13, considered and passed House. 
or personal injury, 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 amended 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. 
Approved December 28, 2012. 
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