H.R.5811 - District of Columbia Judicial Reorganization Act of 1992102nd Congress (1991-1992)

Shown Here:
Reported in House

 
Union Calendar No. 557
102d CONGRESS
2d Session
H. R. 5811
[Report No. 102-975]
A BILL
To create a Supreme Court for the District of Columbia, and for other purposes.
October 2, 1992
Committed to the Committee of the Whole House on the State of the Union and
ordered to be printed
HR 5811 RH
Union Calendar No. 557
102d CONGRESS
2d Session
 H. R. 5811
[Report No. 102-975]
To create a Supreme Court for the District of Columbia, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
August 11, 1992
Mr. DYMALLY introduced the following bill; which was referred to the Committee
on the District of Columbia
October 2, 1992
Committed to the Committee of the Whole House on the State of the Union and
ordered to be printed
A BILL
To create a Supreme Court for the District of Columbia, 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 Reorganization
  Act of 1992'.
TITLE I--SUPREME COURT OF THE DISTRICT OF COLUMBIA
SEC. 101. ESTABLISHMENT OF SUPREME COURT OF THE DISTRICT OF COLUMBIA.
  Title 11 of the District of Columbia Code is amended by adding after
  chapter 5 the following new chapter 6:
`CHAPTER 6- SUPREME COURT OF THE DISTRICT OF COLUMBIA
`SUBCHAPTER I- ESTABLISHMENT AND ORGANIZATION
`Sec.
`11-601. Establishment; court of record; seal.
`11-602. Composition.
`11-603. Justices; service; compensation.
`11-604. Oath of justices.
`11-605. Hearings; quorum.
`11-606. Absence, disability, or disqualification of judges; vacancies.
`11-607. Assignment of justices and judges to and from other courts of the
District of Columbia.
`11-608. Clerks and secretaries for justices.
`11-609. Reports.
`SUBCHAPTER II- JURISDICTION
`11-621. Certification to the Supreme Court of the District of Columbia.
`11-622. Review by the Supreme Court of the District of Columbia.
`11-623. Certification of questions of law.
`SUBCHAPTER III- MISCELLANEOUS PROVISIONS
`11-641. Contempt powers.
`11-642. Oaths, affirmations, and acknowledgments.
`11-643. Rules of court.
`11-644. Judicial conference.
`SUBCHAPTER I- ESTABLISHMENT AND ORGANIZATION
`Sec. 11-601. Establishment; court of record; seal
  `(a) The Supreme Court of the District of Columbia (hereafter in this
  chapter referred to as `the court') is hereby established as a court of
  record in the District of Columbia.
  `(b) The court shall have a seal.
`Sec. 11-602. Composition
  `The court shall consist of a chief justice and 6 associate justices.
`Sec. 11-603. Justices; service; compensation
  `(a) The chief justice and the justices of the court shall serve in
  accordance with chapter 15 of this title.
  `(b) Justices of the court shall be compensated at 90 percent of the rate
  prescribed by law for justices of the United States Supreme Court. The
  chief justice shall receive $3,000 per year in addition to the salary of
  other justices of the court.
`Sec. 11-604. Oath of justices
  `Each justice, when appointed, shall take the oath prescribed for judges
  of courts of the United States.
`Sec. 11-605. Term; hearings; quorum
  `(a) The court shall sit in one term each year for such period as it
  may determine.
  `(b) The court shall sit in banc to hear and determine cases and
  controversies, except that the court may sit in divisions of 3 justices
  to hear and determine cases and controversies certified for review under
  section 11-621 if the court determines that subsection (b)(2) of such section
  is the exclusive basis for such certification. The court in banc for a
  hearing shall consist of the justices of the court in regular active service.
  `(c) A majority of the justices serving shall constitute a quorum.
  `(d) A rehearing before the court may be ordered by a majority of the
  justices of the court in regular active service. The court in banc for
  a rehearing shall consist of the justices of the court in regular active
  service.
`Sec. 11-606. Absence, disability, or disqualification of justices; vacancies
  `(a) When the chief justice of the court is absent or disabled, the duties
  of the chief justice shall devolve upon and be performed by such associate
  justice as the chief justice may designate in writing. In the event that
  the chief justice is (1) disqualified or suspended, or (2) unable or fails
  to make such a designation, such duties shall devolve upon and be performed
  by the associate justices of the court according to the seniority of their
  original commissions.
  `(b) A chief justice whose term as chief justice has expired shall continue
  to serve until redesignated or until a successor has been designated. When
  there is a vacancy in the position of chief justice the position shall be
  filled temporarily as provided in the second sentence of subsection (a).
`Sec. 11-607. Assignment of justices and judges to and from other courts of
the District of Columbia
  `(a) Upon presentation of a certificate of necessity by the chief judge of
  the District of Columbia Court of Appeals, the chief justice of the Supreme
  Court of the District of Columbia may designate and assign temporarily
  one or more justices of the Supreme Court of the District of Columbia or
  one or more judges of the Superior Court of the District of Columbia to
  serve on the District of Columbia Court of Appeals or a division thereof
  whenever the business of the District of Columbia Court of Appeals so
  requires. Such designations or assignments shall be in conformity with
  the rules or orders of the District of Columbia Court of Appeals.
  `(b) Upon presentation of a certificate of necessity by the chief judge
  of the Superior Court of the District of Columbia, the chief justice of
  the Supreme Court of the District of Columbia may designate and assign
  temporarily one or more justices of the Supreme Court of the District of
  Columbia or one or more judges of the District of Columbia Court of Appeals
  to serve as a judge of the Superior Court of the District of Columbia.
`Sec. 11-608. Clerks and secretaries for justices
  `Each justice may appoint and remove a personal secretary. The chief justice
  may appoint and remove not more than three personal law clerks, and each
  associate justice may appoint and remove not more than two personal law
  clerks. In addition, the chief justice may appoint and remove law clerks for
  the court and law clerks and secretaries for the senior justices. The law
  clerks appointed for the court shall serve as directed by the chief justice.
`Sec. 11-609. Reports
  `Each justice shall submit to the chief justice such reports and data as
  the chief justice may request.
`SUBCHAPTER II- JURISDICTION
`Sec. 11-621. Certification to the Supreme Court of the District of Columbia
  `(a) In any case or class of cases in which an appeal has been taken to
  or filed with the District of Columbia Court of Appeals, the Supreme Court
  of the District of Columbia, by order of the Supreme Court sua sponte, or,
  in its discretion, on motion of the District of Columbia Court of Appeals
  or of any party, may certify the case or class of cases for review by the
  Supreme Court before it has been determined by the District of Columbia
  Court of Appeals. The effect of such certification shall be to transfer
  jurisdiction over the case or class of cases to the Supreme Court of the
  District of Columbia for all purposes.
  `(b) Such certification may be made only if not less than 3 of the justices
  of the Supreme Court of the District of Columbia determine that--
  `(1) the case or class of cases involves a question that is novel or
  difficult or is of importance in the general public interest or the
  administration of justice; or
  `(2) the case or class of cases was pending in the District of Columbia
  Court of Appeals on the effective date of this section and, because the
  justices of the Supreme Court of the District of Columbia were familiar
  with the case or class of cases while serving as judges of the District
  of Columbia Court of Appeals, the sound and efficient administration of
  justice dictates that the case or class of cases be certified for review
  by the Supreme Court of the District of Columbia.
`Sec. 11-622. Review by the Supreme Court of the District of Columbia
  `(a) Any party aggrieved by a final decision of the District of Columbia
  Court of Appeals may petition the Supreme Court of the District of Columbia
  for an appeal. Such a petition may be granted and appeal be heard by the
  Supreme Court of the District of Columbia only upon the affirmative vote of
  not less than 3 of the justices that the matter involves a question that
  is novel or difficult, is the subject of conflicting authorities within
  the jurisdiction, or is of importance in the general public interest or the
  administration of justice. The granting of such petitions for appeal shall
  be in the discretion of the Supreme Court of the District of Columbia. The
  Supreme Court of the District of Columbia shall not be required to state
  reasons for denial of petitions for appeal.
  `(b) On hearing an appeal in any case or controversy, the Supreme Court
  of the District of Columbia shall give judgment after an examination of
  the record without regard to errors or defects which do not affect the
  substantial rights of the parties.
`Sec. 11-623. Certification of questions of law
  `(a) The Supreme Court of the District of Columbia may answer a question
  of law of the District of Columbia 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--
  `(1) such question of law may be determinative of the case pending in such
  a court; and
  `(2) there is no controlling precedent regarding such question of law in
  the decisions of the District of Columbia Court of Appeals or the Supreme
  Court of the District of Columbia.
  `(b) This section may be invoked by an order of any of the courts referred
  to in subsection (a) upon such court's motion or upon the motion of any
  party to the case.
  `(c) A certification order under this section shall--
  `(1) describe the question of law to be answered;
  `(2) contain a statement of all facts relevant to the question certified
  and the nature of the controversy in which the questions arose; and
  `(3) upon the request of the Supreme Court of the District of Columbia
  contain the original or copies of the record of the case in question or
  of any portion of such record as the Supreme Court of the District of
  Columbia considers necessary to determine the questions of law which are
  the subject of the motion.
  `(d) Fees and costs shall be the same as in appeals docketed before the
  Supreme Court of the District of Columbia and shall be equally divided
  between the parties unless precluded by statute or by order of the
  certifying court.
  `(e) The written opinion of the Supreme Court of the District of Columbia
  stating the law governing any questions certified under subsection (a)
  shall be sent by the clerk to the certifying court and to the parties.
  `(f) The Supreme Court of the District of Columbia, on its own motion, the
  motion of the District of Columbia Court of Appeals, or the motion of any
  party to a case pending in the Supreme Court of the District of Columbia
  or the District of Columbia Court of Appeals, may order certification of
  a question of law of another State to the highest court of such State if,
  in the view of the Supreme Court of the District of Columbia--
  `(1) such question of law may be determinative of the case pending in
  the Supreme Court of the District of Columbia or the District of Columbia
  Court of Appeals; and
  `(2) there is no controlling precedent regarding such question of law in
  the decisions of the appellate courts of the State to which the order of
  certification is directed.
  `(g) The Supreme Court of the District of Columbia may prescribe the rules
  of procedure concerning the answering and certification of questions of
  law under this section.
`SUBCHAPTER III- MISCELLANEOUS PROVISIONS
`Sec. 11-641. Contempt powers
  `In addition to the powers conferred by section 402 of title 18, United
  States Code, the Supreme Court of the District of Columbia, or a justice
  thereof, may punish for disobedience of an order or for contempt committed
  in the presence of the court.
`Sec. 11-642. Oaths, affirmations, and acknowledgments
  `Each justice of the Supreme Court of the District of Columbia and each
  employee of the court authorized by the chief justice may administer oaths
  and affirmations and take acknowledgments.
`Sec. 11-643. Rules of court
  `The Supreme Court of the District of Columbia shall conduct its business
  in accordance with such rules and procedures as the court shall adopt.
`Sec. 11-644. Judicial conference
  `The chief justice of the Supreme Court of the District of Columbia shall
  summon annually the justices and active judges of the District of Columbia
  courts to a conference at a time and place that the chief justice designates,
  for the purpose of advising as to means of improving the administration of
  justice within the District of Columbia. The chief justice shall preside
  at such conference which shall be known as the Judicial Conference of the
  District of Columbia. Each justice and judge summoned, unless excused
  by the chief justice of the Supreme Court of the District of Columbia,
  shall attend throughout the conference. The Supreme Court of the District
  of Columbia shall provide by its rules for representation of and active
  participation by members of the unified District of Columbia Bar and other
  persons active in the legal profession at such conference.'.
SEC. 102. TRANSITION PROVISIONS.
  (a) ELEVATION OF JUDGES OF THE DISTRICT OF COLUMBIA COURT OF APPEALS AS
  JUSTICES OF THE SUPREME COURT OF THE DISTRICT OF COLUMBIA-
  (1) Except as provided in paragraph (2), beginning on the effective
  date of this title the chief judge of the District of Columbia Court
  of Appeals shall serve the remainder of the term to which he or she was
  appointed as the chief justice of the Supreme Court of the District of
  Columbia and the associate judges of the District of Columbia Court of
  Appeals shall serve the remainder of the respective terms to which they
  were appointed as associate justices of the Supreme Court of the District
  of Columbia. The Supreme Court of the District of Columbia shall conform
  to the numerical requirements of section 11-602 of the D.C. Code through
  attrition. Vacancies in the offices of chief judge and associate judge of
  the District of Columbia Court of Appeals shall be filled in accordance
  with chapter 15 of title 11 of the D.C. Code.
  (2) Any judge of the District of Columbia Court of Appeals may serve the
  remainder of the term to which he or she was appointed as a judge of that
  court by providing written notice to the chief judge of the District of
  Columbia Court of Appeals not less than 30 days after the date of the
  enactment of this Act.
  (b) TRANSITION PERIOD FOR THE SUPREME COURT OF THE DISTRICT OF COLUMBIA-
  (1) A committee consisting of the chief judge of the District of Columbia
  Court of Appeals together with 2 other judges of such court and the chief
  judge of the Superior Court of the District of Columbia together with 2
  other judges of such court shall be responsible for the administration of
  the period of transition prior to the establishment of the Supreme Court
  of the District of Columbia, including the hiring of necessary staff,
  the preparation of facilities, and the purchase of necessary equipment
  and supplies.
  (2) Not more than 120 days after the date of the enactment of this Act,
  the committee referred to in paragraph (1) shall submit to the Subcommittee
  on Government Efficiency, Federalism, and the District of Columbia of the
  Committee on Governmental Affairs of the Senate and the Committee on the
  District of Columbia of the House of Representatives a transition report,
  consistent with this Act, regarding the establishment of the Supreme Court
  of the District of Columbia and the filling of vacancies on the District
  of Columbia Court of Appeals resulting from the elevation of the judges of
  such Court to positions on the Supreme Court of the District of Columbia
  pursuant to subsection (a).
  (3) This subsection shall take effect on the date of the enactment of
  this Act.
SEC. 103. CONFORMING AND OTHER AMENDMENTS.
  (a) AMENDMENTS TO THE HOME RULE ACT-
  (1) Section 431(a) of the District of Columbia Self-Government and
  Governmental Reorganization Act is amended--
  (A) in the first sentence by inserting `Supreme Court of the District of
  Columbia,' after `vested in the'; and
  (B) by adding after the fourth sentence the following: `The Supreme Court
  of the District of Columbia has jurisdiction of appeals from the District
  of Columbia Court of Appeals and of cases certified to the Supreme Court
  under section 11-621(a), District of Columbia Code.'.
  (2) Section 431 of such Act is further amended in subsections (b), (c),
  and (g)--
  (A) by inserting `chief justice or' before `chief judge' each place
  it appears;
  (B) by inserting `justice or' before `judge' each place it appears;
  (C) by inserting `justices or' before `judges' each place it appears; and
  (D) by inserting `chief justice's or' before `chief judge's' each place
  it appears.
  (3) Section 432 of such Act is amended--
  (A) by inserting `justice or' before `judge' each place it appears;
  (B) by striking `District of Columbia Court of Appeals' each place it
  appears and inserting `Supreme Court of the District of Columbia'; and
  (C) in subsection (a)(1) by striking `law or which would be a felony in
  the District' and inserting `law or the laws of the District of Columbia'.
  (4) Section 433 of such Act is amended--
  (A) in the heading by inserting `JUSTICES AND' before `JUDGES';
  (B) by inserting `justices and' before `judges' each place it appears; and
  (C) by inserting `justice or' before `judge' each place it appears.
  (5) Section 434 of such Act is amended in subsections (b)(3) and (d)--
  (A) by inserting `justice or' before `judge' each place it appears;
  (B) by inserting `justices or' before `judges' each place it appears; and
  (C) by inserting `justice's or' before `judge's' each place it appears.
  (b) AMENDMENTS TO CHAPTER 1 OF TITLE 11, D.C. CODE-
  (1) Section 11-101(2), D.C. Code, is amended by redesignating subparagraphs
  (A) and (B) as subparagraphs (B) and (C), respectively, and by adding
  before subparagraph (B) (as so redesignated) the following:
  `(A) The Supreme Court of the District of Columbia.'.
  (2) Section 11-102, D.C. Code, is amended to read as follows:
`Sec. 11-102. Status of Supreme Court of the District of Columbia
  `The highest court of the District of Columbia is the Supreme Court of the
  District of Columbia. Final judgments, orders, and decrees of the Supreme
  Court of the District of Columbia and of the District of Columbia Court
  of Appeals where review is denied by the Supreme Court of the District
  of Columbia are reviewable by the Supreme Court of the United States in
  accordance with section 1257 of title 28, United States Code.'.
  (3) The item relating to section 11-102 of the table of contents of chapter
  1 of title 11, D.C. Code, is amended to read as follows:
`11-102. Status of Supreme Court of the District of Columbia.'.
  (c) AMENDMENTS TO CHAPTER 7 OF TITLE 11, D.C. CODE-
  (1) Chapter 7 of title 11, D.C. Code, is amended by striking sections
  11-707, 11-723, and 11-744 and by striking the items relating to such
  sections in the table of contents of such chapter.
  (2) Section 11-703(b), D.C. Code, is amended by striking `$500' and inserting
  `$2,500'.
  (3) Section 11-708, D.C. Code, is amended by striking `not more than three
  law clerks for the court.' and inserting `law clerks for the court and
  law clerks and secretaries for the senior judges.'.
  (4) Section 11-722, D.C. Code, is amended by striking `Commissioner'
  and inserting `Mayor'.
  (5) Section 11-743, D.C. Code, is amended by striking `according to'
  and all that follows and inserting `in accordance with such rules and
  procedures as it may adopt.'.
  (d) AMENDMENTS TO CHAPTER 9 OF TITLE 11, D.C. CODE-
  (1) Section 11-904(b), D.C. Code, is amended by striking `$500' and inserting
  `$2,500'.
  (2) Section 11-908(b), D.C. Code, is amended to read as follows:
  `(b) When the business of the Superior Court requires, the chief judge
  may certify to the chief justice of the Supreme Court of the District of
  Columbia the need for an additional judge or judges as provided in section
  11-607 and 11-707.'.
  (3) Section 11-910, D.C. Code, is amended by adding at the end the following
  new sentence: `In addition, the chief judge may appoint and remove law
  clerks for the court, who shall serve as directed by the chief judge.'.
  (4) Section 11-946, D.C. Code, is amended by striking `District of Columbia
  Court of Appeals' each place it appears in the second and third sentences
  and inserting `Supreme Court of the District of Columbia'.
  (e) AMENDMENTS TO CHAPTER 15 OF TITLE 11, D.C. CODE-
  (1) Section 11-1501, D.C. Code, is amended to read as follows:
`Sec. 11-1501. Appointment and qualifications of judges
  `(a) Except as provided in section 434(d)(1) of the District of Columbia
  Self-Government and Governmental Reorganization Act, the President shall
  nominate, from the list of persons recommended by the District of Columbia
  Judicial Nomination Commission established under section 434 of such Act,
  and, by and with the advice and consent of the Senate, appoint all justices
  and judges of the District of Columbia courts.
  `(b) No person may be nominated or appointed a justice or judge of a
  District of Columbia court unless that person--
  `(1) is a citizen of the United States;
  `(2) is an active member of the unified District of Columbia Bar and has
  been engaged in the active practice of law in the District for the five
  years immediately preceding nomination or for such five years has served
  as a judge of the United States or the District of Columbia, has been on
  the faculty of a law school in the District, or has been employed as a
  lawyer by the United States or the District of Columbia government;
  `(3) is a bona fide resident of the District of Columbia and has maintained
  an actual place of abode in the District for at least 90 days immediately
  prior to nomination, and shall retain such residency as long as he or she
  serves as such judge, except judges appointed prior to December 23, 1973,
  who retain residency in Montgomery or Prince Georges Counties in Maryland,
  Arlington or Fairfax Counties (or any cities within the outer boundaries
  thereof) or the city of Alexandria in Virginia shall not be required to
  be residents of the District to be eligible for reappointment or to serve
  any term to which reappointed;
  `(4) is recommended to the President, for such nomination and appointment,
  by the District of Columbia Judicial Nomination Commission; and
  `(5) has not served, within a period of 2 years prior to nomination, as
  a member of the District of Columbia Commission on Judicial Disabilities
  and Tenure or of the District of Columbia Judicial Nomination Commission.'.
  (2) Section 11-1504(a)(1), D.C. Code, is amended by striking the period at
  the end of the first sentence and inserting the following: `, except that
  a retired judge may not serve or perform judicial duties on the Supreme
  Court of the District of Columbia.'.
  (3) Section 11-1505(a), D.C. Code, is amended in the second sentence
  by striking `District' and all that follows and inserting `court of the
  District of Columbia on which the judge serves.'.
  (4) Subchapter I of chapter 15 of title 11, D.C. Code, is amended by adding
  at the end the following new section:
`Sec. 11-1506. Definitions
  `For purposes of this chapter--
  `(1) the term `judge' means any justice of the Supreme Court of the District
  of Columbia, or any judge of the District of Columbia Court of Appeals or
  the Superior Court; and
  `(2) the term `chief judge' means the chief justice of the Supreme Court of
  the District of Columbia, or the chief judges of the District of Columbia
  Court of Appeals or the Superior Court, as appropriate.'.
  (5) Section 11-1526, D.C. Code, is amended by striking `District of Columbia
  Court of Appeals' each place it appears and inserting `Supreme Court of
  the District of Columbia'.
  (6) Section 11-1528, D.C. Code, is amended in subsection (a)(2)(C)
  by inserting `the Supreme Court of the District of Columbia or' after
  `elevation to'.
  (7) Section 11-1529, D.C. Code, is amended by striking `District of Columbia
  Court of Appeals' and inserting `Supreme Court of the District of Columbia'.
  (8) Section 11-1561, D.C. Code, is amended--
  (A) in paragraph (1), by inserting `any justice of the Supreme Court of
  the District of Columbia,' before `any judge'; and
  (B) in paragraph (2), by inserting `a justice in the Supreme Court of the
  District of Columbia,' before `a judge'.
  (9) The table of sections for subchapter I of chapter 15 of title 11,
  D.C. Code, is amended by adding at the end the following:
`11-1506. Definitions.'.
  (f) AMENDMENTS TO CHAPTER 17 OF TITLE 11, D.C. CODE-
  (1) Section 11-1701, D.C. Code, is amended--
  (A) by amending subsection (a) to read as follows:
  `(a) There shall be a Joint Committee on Judicial Administration in
  the District of Columbia (hereafter in this chapter referred to as the
  `Joint Committee') consisting of the chief justice of the Supreme Court
  of the District of Columbia (who shall serve as chairperson) and two other
  justices of such court, the chief judge of the District of Columbia Court
  of Appeals, and the chief judge of the Superior Court of the District of
  Columbia and two additional judges of such court.';
  (B) in subsection (b)--
  (i) by amending paragraph (4) to read as follows:
  `(4) Preparation and publication of an annual report of the District of
  Columbia court system regarding the work of the courts, the performance
  of the duties enumerated in this chapter, and any recommendations relating
  to the courts.', and
  (ii) by striking paragraphs (6) and (9) and redesignating paragraphs (7)
  and (8) as paragraphs (6) and (7); and
  (C) in subsection (c)--
  (i) by amending paragraph (2) to read as follows:
  `(2) formulate and enforce standards for outside activities of and receipt
  of compensation by the judges of the District of Columbia court system;',
  (ii) in paragraph (3), by striking `, and institute such changes' and all
  that follows through `justice',
  (iii) by striking `and' at the end of paragraph (3),
  (iv) by striking the period at the end of paragraph (4) and inserting a
  semicolon, and
  (v) by adding at the end the following new paragraphs:
  `(5) submit the annual budget requests of the Supreme Court of the District
  of Columbia, the District of Columbia Court of Appeals, and the Superior
  Court to the Mayor of the District of Columbia as part of the integrated
  budget of the District of Columbia court system, except that any such
  request may be modified upon the concurrence of 5 of the 7 members of the
  Joint Committee; and
  `(6) with the concurrence of the chief justice of the Supreme Court of the
  District of Columbia and the respective chief judges of the other District of
  Columbia courts, prepare and implement other policies and practices for the
  District of Columbia court system and resolve other matters which may be of
  joint and mutual concern of the Supreme Court of the District of Columbia,
  the District of Columbia Court of Appeals, and the Superior Court.'.
  (2) Section 11-1702, D.C. Code, is amended--
  (A) in the heading, by inserting `the chief justice and the' after `of';
  (B) by redesignating subsections (a) and (b) as subsections (b) and (c); and
  (C) by inserting before subsection (b) the following new subsection:
  `(a) The chief justice of the Supreme Court of the District of Columbia,
  in addition to the authority conferred by chapter 6 of this title, shall
  supervise the internal administration of that court--
  `(1) including all administrative matters other than those within the
  responsibility enumerated in section 11-1701(b), and
  `(2) including the implementation in that court of the matters enumerated
  in section 11-1701(b),
consistent with the general policies and directives of the Joint Committee.'.
  (3) Section 11-1703(a), D.C. Code, is amended--
  (A) by striking `He' each place it appears and inserting `The Executive
  Officer'; and
  (B) in the fourth sentence, by striking `judges' and inserting `judge
  of the District of Columbia Court of Appeals and the chief judge of the
  Superior Court of the District of Columbia'.
  (4) Section 11-1721, D.C. Code, is amended by amending the matter following
  the heading to read as follows:
  `(a) The Supreme Court of the District of Columbia shall have a clerk
  appointed by the chief justice of that court who shall, under the direction
  of the chief justice, be responsible for the daily operations of that
  court and serve as the clerk of the District of Columbia Court of Appeals.
  `(b) The Superior Court of the District of Columbia shall have a clerk
  appointed by the chief judge of that court who shall, under the direction
  of the chief judge, be responsible for the administration of that court.
  `(c) Each such clerk appointed under this section shall receive a level
  of compensation, including retirement benefits, determined by the Joint
  Committee on Judicial Administration, except that such level may not exceed
  the level of compensation provided for the Executive Officer.'.
  (5) Section 11-1730(a), D.C. Code, is amended--
  (A) by striking `Judges' and inserting `Justices and judges';
  (B) by inserting `11-609,' after `sections'; and
  (C) by inserting `chief justice or' after `respective'.
  (6) Section 11-1731, D.C. Code, is amended--
  (A) by striking `or the chief judge' and inserting `, the chief justice,
  or the chief judges';
  (B) in paragraph (7), by striking `the District of Columbia Bail Agency'
  and inserting `the District of Columbia Pre-trial Services Agency';
  (C) by inserting `and' at the end of paragraph (9); and
  (D) by striking paragraphs (10) and (11) and inserting the following:
  `(10) the Department of Human Services.'.
  (7) Section 11-1741, D.C. Code, is amended--
  (A) by amending the matter preceding paragraph (1) to read as follows:
  `Within the District of Columbia courts, and subject to the supervision
  of the chief justice of the Supreme Court of the District of Columbia
  (acting in consultation with the chief judge of the District of Columbia
  Court of Appeals and the chief judge of the Superior Court of the District
  of Columbia), the Executive Officer shall--';
  (B) by inserting `chief justice or' before `chief' each place it appears
  in paragraphs (5), (7), and (9);
  (C) by striking `and' at the end of paragraph (8);
  (D) by striking the period at the end of paragraph (9) and inserting `;
  and'; and
  (E) by adding at the end the following:
  `(10) be responsible for the allocation, negotiation for, and provision
  of space in the courts.'.
  (8) Section 11-1745(b)(2), D.C. Code, is amended by striking `Commissioner'
  and inserting `Mayor'.
  (9) Section 11-1747, D.C. Code, is amended by striking `him' and inserting
  `the Executive Officer'.
  (10) The table of sections for subchapter I of chapter 17 of title 11,
  D.C. Code, is amended by amending the item relating to section 11-1702 to
  read as follows:
`11-1702. Responsibilities of the chief justice and the chief judges in the
respective courts.'.
  (g) AMENDMENTS TO CHAPTER 25 OF TITLE 11, D.C. CODE-
  (1) Section 11-2501, D.C. Code, is amended--
  (A) by striking `District of Columbia Court of Appeals' each place it
  appears and inserting `Supreme Court of the District of Columbia'; and
  (B) by amending subsection (c) to read as follows:
  `(c) Members of the bar of the District of Columbia Court of Appeals in
  good standing on the effective date of title I of the District of Columbia
  Judicial Reorganization Act of 1992 shall be automatically enrolled as
  members of the bar of the Supreme Court of the District of Columbia,
  and shall be subject to its disciplinary jurisdiction.'.
  (2) Section 11-2502, D.C. Code, is amended by striking `District of Columbia
  Court of Appeals' and inserting `Supreme Court of the District of Columbia'.
  (3) Section 11-2503, D.C. Code, is amended by striking `District of Columbia
  Court of Appeals' and inserting `Supreme Court of the District of Columbia'.
  (4) Section 11-2504, D.C. Code, is amended by striking `District of Columbia
  Court of Appeals' and inserting `other courts of the District of Columbia'.
  (h) AMENDMENT TO CHAPTER 26 OF TITLE 11, D.C. CODE- Section 11-2607,
  D.C. Code, is amended by striking `Commissioner' and inserting `Mayor'.
  (i) AMENDMENT TO CHAPTER 3 OF TITLE 13, D.C. CODE- Section 13-302, D.C. Code,
  is amended by inserting `the Supreme Court of the District of Columbia,'
  after `process of'.
  (j) AMENDMENTS TO CHAPTER 3 OF TITLE 17, D.C. CODE-
  (1) The chapter heading for chapter 3 of title 17, D.C. Code, is amended
  to read as follows: `SUPREME COURT OF THE DISTRICT OF COLUMBIA AND DISTRICT
  OF COLUMBIA COURT OF APPEALS'.
  (2) Section 17-302, D.C. Code, is amended by striking `District of Columbia
  Court of Appeals' each place it appears and inserting `Supreme Court of
  the District of Columbia'.
  (3) Section 17-305, D.C. Code, is amended by adding at the end the following
  new subsection:
  `(c) The Supreme Court of the District of Columbia shall apply the same
  standards regarding the scope of review and the reversal of judgment as
  the District of Columbia Court of Appeals applies under subsections (a)
  and (b).'.
  (4) Section 17-306, D.C. Code, is amended by inserting `Supreme Court of
  the District of Columbia or the' before `District'.
  (k) AMENDMENT TO TITLE 5, UNITED STATES CODE- Section 5102(c)(4) of title 5,
  United States Code, is amended by striking `the chief judges' and inserting
  `the chief justice and the associate justices of the Supreme Court of the
  District of Columbia and the chief judges'.
  (l) AMENDMENTS TO TITLE 18, UNITED STATES CODE- (1) Section 3006a(k) of
  title 18, United States Code, is amended in the second sentence by striking
  `the Superior Court' and all that follows and inserting `the Supreme Court
  of the District of Columbia, the District of Columbia Court of Appeals,
  or the Superior Court of the District of Columbia.'.
  (2) Section 6001(4) of title 18, United States Code, is amended by inserting
  `the Supreme Court of the District of Columbia,' before `the District of
  Columbia Court of Appeals,'.
  (m) AMENDMENTS TO TITLE 28, UNITED STATES CODE- (1) Section 1257 of title
  28, United States Code, is amended by striking `District of Columbia Court
  of Appeals' and inserting `Supreme Court of the District of Columbia'.
  (2) Section 2113 of title 28, United States Code, is amended by striking
  `District of Columbia Court of Appeals' and inserting `Supreme Court of
  the District of Columbia'.
SEC. 104. AUTHORIZATION OF APPROPRIATIONS.
  (a) IN GENERAL- In addition to any other sums authorized to be appropriated
  to the District of Columbia, there are authorized to be appropriated to
  the District of Columbia for costs incurred by the District of Columbia in
  implementing the amendments made by sections 101 and 103 and in carrying
  out section 102 the following amounts:
  (1) $1,200,000 for fiscal year 1993.
  (2) $5,000,000 for fiscal year 1994.
  (3) $4,000,000 for fiscal year 1995.
  (4) $3,000,000 for fiscal year 1996.
  (5) $2,000,000 for fiscal year 1997.
  (6) $1,000,000 for fiscal year 1998.
  (b) AVAILABILITY OF FUNDS- Funds appropriated pursuant to the authorization
  referred to in subsection (a) shall remain available to the District of
  Columbia until expended.
SEC. 105. EFFECTIVE DATE.
  (a) GENERAL RULE- Except as provided in section 102 and subsection (b),
  this title and the amendments made by this title shall take effect 6 months
  after the date of enactment of this Act.
  (b) EXCEPTION- The amendments made by section 103(f)(3) shall apply to
  the position of Executive Officer of the District of Columbia courts on
  the later of--
  (1) the date on which the individual in that position on the date of the
  enactment of this Act leaves that office; or
  (2) 6 months after the date of the enactment of this Act.
TITLE II--JUDGES OF THE DIS- TRICT OF COLUMBIA COURTS
SEC. 201. DESIGNATION OF CHIEF JUDGE.
  Section 11-1503(a), D.C. Code, is amended to read as follows:
  `(a)(1) Except as provided in paragraph (2), the chief justice or chief
  judge of a District of Columbia court shall be designated by the District
  of Columbia Judicial Nomination Commission from among the judges of the
  court in regular active service. A chief judge shall serve for a term
  of 4 years or until a successor is designated, and shall be eligible for
  redesignation. A judge may relinquish the position of chief judge, after
  giving notice to the District of Columbia Judicial Nomination Commission.
  `(2) Notwithstanding the first sentence of paragraph (1), the first chief
  justice of the Supreme Court of the District of Columbia shall be appointed
  in accordance with section 102(a) of the District of Columbia Judicial
  Reorganization Act of 1992.'.
SEC. 202. COMPOSITION OF SUPERIOR COURT OF THE DISTRICT OF COLUMBIA.
  Section 11-903, D.C. Code, as amended by section 138 of the District of
  Columbia Appropriations Act, 1990, is amended--
  (1) by striking `Subject to the enactment of authorizing legislation, the'
  and inserting `The';
  (2) effective October 1, 1992, by striking `fifty-eight' and inserting
  `sixty'; and
  (3) effective October 1, 1993, by striking `sixty' and inserting `sixty-two'.
SEC. 203. STUDY OF FEASIBILITY OF ESTABLISHING DISTRICT OF COLUMBIA NIGHT
COURT.
  (a) STUDY- The Executive Officer of the District of Columbia courts shall
  conduct a study of the feasibility and desirability of establishing a
  District of Columbia Night Court as a division of the Superior Court of
  the District of Columbia.
  (b) REPORT- Not later than 120 days after the date of the enactment of this
  Act, the Executive Officer shall submit a report on the study conducted
  under subsection (a) to the Joint Committee on Judicial Administration in
  the District of Columbia, which shall forward the study together with any
  comments and recommendations to Congress not later than 180 days after
  the date of the enactment of this Act.
SEC. 204. EFFECTIVE DATE.
  Except as provided in section 202, the amendments made by sections 201
  and 202 shall take effect on the date of the enactment of this Act.
HR 5811 RH----2
HR 5811 RH----3
HR 5811 RH----4