2023 District of Columbia Code › Title 2 - Government Administration › Chapter 16 - Public Defender Service › § 2–1605. Employment of attorneys and other personnel; compensation; private practice by attorneys not permitted

§ 2–1605. Employment of attorneys and other personnel; compensation; private practice by attorneys not permitted.
(a) The Director shall employ a staff of attorneys and clerical and other personnel necessary to provide adequate and effective services. The Director shall make assignments of the personnel of the Service. The compensation of all employees of the Service, other than the Director and the Deputy Director, shall be fixed by the Director, but shall not exceed the compensation which may be paid to persons of similar qualifications and experience in the office of the United States Attorney for the District of Columbia. All attorneys employed by the Service to represent persons shall be members of the bar of the District of Columbia.
(b) No attorney employed by the Service shall engage in the private practice of law or receive a fee for representing any person.
(c)(1) Employees of the Service shall be treated as employees of the Federal Government solely for purposes of any of the following provisions of Title 5, United States Code: subchapter 1 of Chapter 81 (relating to compensation for work injuries), Chapter 83 (relating to retirement), Chapter 84 (relating to Federal Employees’ Retirement System), Chapter 87 (relating to life insurance), and Chapter 89 (relating to health insurance).
(2) The Service shall make contributions under the provisions referred to in paragraph (1) of this subsection at the same rates applicable to agencies of the Federal Government.
(3) An individual who is an employee of the Service on the date of the enactment of this subsection may make, within 60 days after the issuance of regulations under paragraph (4) of this subsection, an election under § 8351 or 8432 of Title 5, United States Code, to participate in the Thrift Savings Plan for Federal employees.
(4) This subsection shall apply with respect to all months beginning after the date on which the Director of the Office of Personnel Management issues regulations to carry out this subsection.
(5) For purposes of vesting pursuant to § 1-626.10(b), creditable service with the District for employees whose participation in the District Defined Contribution Plan ceases as a result of implementation of this subsection shall include service performed thereafter for the Service.
(d) In carrying out the Family and Medical Leave Act of 1993 (29 U.S.C. 2601 et seq.) with respect to employees of the Service, the Director shall, notwithstanding any provision of such Act, establish a paid parental leave program for the leave described in subparagraphs (A) and (B) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) (relating to leave provided in connection with the birth of a child or the placement of a child for adoption or foster care). In developing the terms and conditions for this program, the Director may be guided by the terms and conditions applicable to the provision of paid parental leave for employees of the Federal Government under chapter 63 of title 5, United States Code, and any corresponding regulations.
(July 29, 1970, 84 Stat. 656, Pub. L. 91-358, title III, § 305; Mar. 3, 1979, D.C. Law 2-139, § 3205(cc), 25 DCR 5740; Dec. 10, 1987, D.C. Law 7-52, § 2(c), 34 DCR 6891; Oct. 21, 1998, 112 Stat. 2427, Pub. L. 105-274, § 7(e)(1); Jan. 1, 2021, Pub. L. 116-283, 134 Stat. 3388, § 1103(b)(2), .)
Prior Codifications
1981 Ed., § 1-2705.
1973 Ed., § 2-2225.
Section References
This section is referenced in § 1-611.16 and § 1-636.02.
Cross References
Administration, merit system, compensation, limits on compensation, inconsistent laws superceded, see § 1-611.16.
Effective date of this section, see § 1-636.02.