[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6747 Introduced in House (IH)]
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117th CONGRESS
2d Session
H. R. 6747
To amend title 11, District of Columbia Official Code, to modernize the
rules and procedures for the service of jurors in District of Columbia
courts, to adjust compensation rates for criminal justice investigators
and attorneys representing indigent defenders, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 15, 2022
Ms. Norton introduced the following bill; which was referred to the
Committee on Oversight and Reform
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A BILL
To amend title 11, District of Columbia Official Code, to modernize the
rules and procedures for the service of jurors in District of Columbia
courts, to adjust compensation rates for criminal justice investigators
and attorneys representing indigent defenders, 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 2022''.
SEC. 2. 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 allowances at the same 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) Effective date.--The amendment made by paragraph (1)
shall apply with respect to fees and allowances 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 Qualification Forms and
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'';
(B) in paragraph (2), by striking ``return'' and
inserting ``submit''; and
(C) by adding at the end the following new
paragraph:
``(3) The jury system plan shall provide that a juror qualification
form be provided by mail to each prospective juror, except that the
plan may permit the form to be provided by electronic communication to
a prospective juror with the affirmative consent of the prospective
juror.''.
(2) Summonses.--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 affirmative 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. 3. 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 subsection
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 ``a fixed rate of $25 per
hour'' each place it appears in subsections (b) and (c) and
inserting ``a rate not to exceed the rate payable for such
services in the United States District Court for the District
of Columbia''.
(2) Effective date.--The amendments made by this subsection
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. 4. 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. 5. 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 2022 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. 6. AUTHORIZATION OF COURTS TO CARRY OUT CERTAIN ADMINISTRATIVE
FUNCTIONS.
(a) Retention of Fees Received for Administering Bar Examinations
and Processing Bar Admissions.--Section 11-2501(a), District of
Columbia Official Code, is amended--
(1) by striking ``(a) The District'' and inserting ``(a)(1)
The District''; and
(2) by adding at the end the following new paragraph:
``(2) Notwithstanding the third sentence of section 450 of the
District of Columbia Home Rule Act (sec. 1-204.50, D.C. Official Code),
the District of Columbia Court of Appeals may retain any amounts
received as fees for administering bar examinations and processing
District of Columbia Bar admissions and use such amounts for the
salaries and expenses incurred in administering bar examinations and
processing bar admissions. Any amounts retained under this paragraph
shall remain available until expended.''.
(b) Specific Authority To Accept Gifts.--
(1) Authority described.--Section 11-1742, District of
Columbia Official Code, is amended by adding at the end the
following new subsection:
``(e)(1) The Executive Officer may solicit, accept, and use money,
funds, property, and voluntary and uncompensated services of any kind
made available by gift, donation, devise, bequest, grant, or otherwise
to carry out the authorized functions or duties of the District of
Columbia Courts.
``(2) The District of Columbia Courts shall keep accurate and
detailed records of the acceptance and use of any gift, donation,
devise, bequest, grant, or other money, funds, property, or services
accepted under paragraph (1), and shall make such records available for
audit.''.
(2) Conforming amendment relating to existing authority.--
Section 115 of the District of Columbia Appropriations Act,
2003 (Public Law 108-7; 117 Stat. 124) is amended--
(A) in paragraph (2), by striking ``and the
District of Columbia courts''; and
(B) in subsection (c), by striking the period at
the end and inserting the following: ``, but does not
include the District of Columbia courts''.
(c) Clarification of Authority To Procure Motor Vehicles.--Section
11-1742(b), District of Columbia Official Code, is amended by striking
``necessary equipment,'' and inserting ``necessary equipment (including
motor vehicles),''.
(d) Additional Authority To Allot or Permit Use of Available Space
in Court Buildings.--Section 11-1742, District of Columbia Official
Code, as amended by subsection (b), is further amended by adding at the
end the following new subsection:
``(f)(1) In addition to any authority provided under any other law,
regulation, or guidance, the District of Columbia Courts may enter into
an agreement to allot or permit the use by District of Columbia or
Federal agencies, legal services providers, or any other individual or
entity of space in a building owned by or assigned or leased to the
District of Columbia Courts if--
``(A) the District of Columbia or Federal agency, legal
services provider, or other individual or entity applies to the
Executive Officer for the use of such space;
``(B) the space is available;
``(C) the Executive Officer determines that the allotment
or use of the space is in the interest of the District of
Columbia Courts; and
``(D) the agreement for the allotment or use of the space
provides that the allotment or use of the space may be revoked
at any time.
``(2) Under an agreement for the allotment or use of space which is
entered into under the authority of this subsection, the space may be
provided without charge for rent or services. For purposes of this
paragraph, the term `services' includes the providing of lighting,
heating, cooling, electricity, office furniture, office machines and
equipment, classroom furnishings and equipment, kitchen appliances,
telephone service (including installation of lines and equipment and
other expenses associated with telephone services), and security
systems (including installation and other expenses associated with
security systems), including replacement equipment, as needed.
``(3) Nothing in title 31, United States Code, or any other law may
be construed to prohibit or restrict a party to an agreement entered
into under the authority of this subsection from paying the costs
associated with the allotment or use of space under the agreement by
reimbursement to the Treasury of the United States or the Crime Victims
Fund.''.
SEC. 7. UPDATES TO TREATMENT OF SMALL CLAIMS.
(a) Authority of Courts To Determine Hours for Transaction of
Business.--
(1) Repeal of mandatory sessions hours.--Title 11, District
of Columbia Official Code, is amended by striking section 11-
1302.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter I of chapter 13 of title 11, District
of Columbia Official Code, is amended by striking the item
relating to section 11-1302.
(b) Increase in Limit on Amount of Claim Under Jurisdiction of
Branch.--
(1) Increase.--Section 11-1321, District of Columbia
Official Code, is amended--
(A) in the first sentence, by striking ``The Small
Claims'' and inserting ``(a) The Small Claims'';
(B) in the first sentence, by striking ``$10,000''
and inserting ``$10,000 (or, in the case of an action
brought during any 5-year period described in
subsection (b), the applicable limit under such
subsection)'';
(C) in the second sentence, by striking ``Branch''
and inserting ``Small Claims Branch'';
(D) in the third sentence, by striking ``Branch''
and inserting ``Small Claims Branch'';
(E) in the third sentence, by striking ``Civil
Division'' and inserting ``Civil Actions Branch''; and
(F) by adding at the end the following new
subsections:
``(b) The applicable limit under this subsection is the following:
``(1) In the case of an action brought during the 5-year
period which begins on the first day of the first calendar year
beginning after the date of the enactment of the District of
Columbia Courts Improvement Act of 2022, $12,000.
``(2) In the case of an action brought during any
succeeding 5-year period, the applicable limit under this
subsection for the preceding 5-year period, increased by the
percentage increase, if any, in the Consumer Price Index for
All Urban Consumers, published by the Bureau of Labor
Statistics of the Department of Labor, over such preceding 5-
year period, except that if such increased limit is not a
multiple of $100, such limit shall be rounded to the nearest
multiple of $100.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to claims brought on or after the date
of the enactment of this Act.
(c) Permitting Use of Mediation To Settle Cases.--
(1) In general.--Section 11-1322, District of Columbia
Official Code, is amended to read as follows:
``Sec. 11-1322. Arbitration, mediation, and conciliation
``In order to affect the speedy settlement of controversies, and
with the consent of the parties, the Small Claims Branch may settle
cases, irrespective of the amount involved, by the methods of
arbitration, mediation, or conciliation. A judge sitting in the Small
Claims Branch may act as a referee, arbitrator, or mediator, either
alone or in conjunction with other persons, as provided by rules of the
court. A judge, officer, or employee of the Superior Court may not
accept any fee or compensation in addition to that person's salary for
services performed pursuant to this section.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter II of chapter 13 of title 11, District
of Columbia Official Code, is amended by amending the item
relating to section 11-1322 to read as follows:
``11-1322. Arbitration, mediation, and conciliation.''.
(d) Revision to References to Small Claims and Conciliation
Branch.--
(1) In general.--Chapter 13 of title 11, District of
Columbia Official Code, as amended by this section, is amended
by striking ``and Conciliation'' each place if appears in the
following sections;
(A) Section 11-1301.
(B) Section 11-1321.
(C) Section 11-1322.
(D) Section 11-1323.
(2) Clerical amendment.--The table of chapters of title 11,
District of Columbia Official Code, is amended by amending the
item relating to chapter 13 to read as follows:
``Chapter 13. Small Claims Branch of the Superior Court.''.
SEC. 8. REVISIONS TO 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.
(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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