Local Court Reform Amendment Act of 2001
(Local Selection of Judges Charter Amendment Act of 2001)
Bill 14-22

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A BILL IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

To amend the Charter of the District of Columbia to provide for the local selection of judges of the District of Columbia Courts by the Mayor with the consent of the Council, to provide that the chief judge of the Superior Court of the District of Columbia will be chosen from among the active judges on the court, to eliminate the appointment by the President of a member of the Judicial Nominating Commission, to increase from one to 2 the number of members of the Commission appointed by the Council, and to eliminate the appointment of one member by the chief judge of the United States District Court for the District of Columbia and instead authorize one appointment to be made by the chief judge of the Superior Court for the District of Columbia, upon the affirmative approval of the charter change by Congress; to amend Title 11 of the District of Columbia Code to provide for the local selection of judges of the District of Columbia Courts, for the local appointment of the chief judge of a District of Columbia court, and to require that all judges appointed to the District of Columbia Courts to have been District residents for at least 5 years prior to appointment; and to amend the National Capital Revitalization and Self-Government Improvement Act of 1997 to revive the statutory structure in Title 11 of the District of Columbia Code and Title IV of the District of Columbia Home Rule Act that vested the control of the administration, budget, and financing of the local District of Columbia courts to the District government.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this act may be cited as the "Local Court Reform Amendment Act of 2001".

TITLE I. SELECTION OF JUDGES

Sec. 1 01. This title may be cited as the "Local Selection of Judges Charter Amendment Act of 2001".

Sec. 102. Part C of Title IV of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 820; D.C. Code, Title 11, Appendix), is amended as follows:

(a) Section 431 (D.C. Code, Title 11, Appendix, § 431) is amended as follows:

(1) Subsection (b) is amended as follows:

"The chief judge of a District of Columbia court shall be selected by the judges of the court in regular active service, and shall serve as chief judge for a term of four years or until a successor is designated, except that the term as chief judge shall not extend beyond the chief judge's term as a judge of a District of Columbia court. An individual shall be eligible for redesignation as chief judge.".

(2) Subsection (d)(1) is amended as follows:

(A) Strike the phrase ", except that the member selected in accordance with subsection (e)(3)(A) shall serve for five years".

(B) Add a new sentence at the end to read as follows:

"Notwithstanding any other provision of law, members serving unexpired terms on the effective date of the Local Court Reform Amendment Act of 2001, may continue to serve until successor members have been appointed pursuant to subsection (e)(3) of this section.".

(3) Subsection (e)(3) is amended as follows:

(A) Subparagraph (A) is repealed.

(B) Subparagraph (D) is amended to read as follows:

"(D) Two members shall be appointed by the Council, one of whom shall not be a lawyer."

(C) Subparagraph (E) is amended to read as follows:

"(E) One member shall be appointed by the chief judge of the Superior Court of Columbia, and such member shall be an active or retired judge of the Superior Court of the District of Columbia.

(b) Section 433 (D.C. Code, Title 11, Appendix, § 433) is amended as follows:

(1) Subsection (a) is amended as follows:

(A) Strike the word "President" and insert the word "Mayor" in its place.

(B) Strike the word "Senate" and insert the word "Council" in its place.

(2) Subsection (b)(4) is amended by striking the word "President" and inserting the word "Mayor" in its place.

(3) Subsection (c) is amended as follows:

(A) Strike the word "President" and insert the word "Mayor" in its place, wherever it appears.

(B) Strike the word "Senate" and insert the word "Council" in its place.

(c) Section 434 (D.C. Code, Title 11, Appendix, § 434) is amended as follows:

(1) Subsection (b)(4) is amended as follows:

(A) Subparagraph (A) is repealed.

(B) Subparagraph (D) is amended to read as follows:

"(D) Two members shall be appointed by the Council, one of whom shall not be a lawyer.".

(2) Subsection (d) is amended by striking the word "President" and inserting the word Mayor in its place, wherever it appears.

Sec. 103. Title 11 of the District of Columbia Code is amended as follows:

(a) Section 11-1501 is amended as follows:

(1) Subsection (a) is amended as follows:

(A) Strike the word "President" and insert the word "Mayor" in its place, wherever it appears.

(B) Strike the word "Senate" and insert the word "Council" in its place, wherever it appears.

(2) Subsection (b)(4) is amended as follows:

(A) Strike the phrase "area consisting of the".

(B) Strike the phrase ", Montgomery and Prince George's Counties in Maryland, Arlington and Fairfax Counties (and any cities within the outer boundaries thereof) and the city of Alexandria in Virginia".

(C) Strike the phrase "such area" and insert the phrase "the District of Columbia" in its place.

(b) Section 11-1503(a) is amended by striking the word "President" and inserting the word "Mayor" in its place, wherever it appears.

(c) Section 11-1562(c) is amended by striking the phrase ", approved by the Surgeon General of the United States."

TITLE II. RESTORATION OF COURT CONTROL TO THE DISTRICT.

Sec. 201. This title may be cited as the "Restoration of Court Control to the District Government Revival Amendment Act of 2001".

Sec. 202. Chapter 4 of the National Capital Revitalization and Self-Government Improvement Act of 1997, approved August 5, 1997 (111 Stat. 751) ("Act"), is amended as follows:

(a) Section 11241 (111 Stat. 751), is repealed.

(b) Section 11-1701(b)(4) of the District of Columbia Code is revived by repealing section 11242(a) of the Act (111 Stat. 752).

(c) Section 11-1723(a)(3) of the District of Columbia Code is revived by repealing section 11242(b) of the Act (111 Stat. 752).

(d) Section 11-1725(b) of the District of Columbia Code is revived by repealing section 11242(c) of the Act (111 Stat. 752).

(e) Section 11-1742(b) of the District of Columbia Code is revived by repealing section 11242(d) of the Act (111 Stat. 752).

(f) Section 11-1743 of the District of Columbia Code is revived by repealing section 11242(e)(1) of the Act (111 Stat. 752).

(g) The item relating to section 11-1743 in the table of contents for Subchapter III of Chapter 17 of Title 11 of the District of Columbia Code is revived by repealing section 11242(e)(2) of the Act (111 Stat. 753).

(h) Section 445 of the District of Columbia Home Rule Act (D.C. Code, Title 11 Appendix, § 445) is revived by repealing section 11243(a) of the Act (111 Stat. 753).

(i) Section 448(a)(6) of the District of Columbia Home Rule Act (D.C. Code § 47-310(a)(6)) is revived by repealing section 11243 (b) of the Act (111 Stat. 753).

(j) Section 450 of the District of Columbia Home Rule Act (D.C. Code § 47-130) is revived by repealing section 11243(c) of the Act (111 Stat. 753).

(k) Section 453(c) of the District of Columbia Home Rule Act (D.C. Code § 47-304.1(c)) is revived by repealing section 11243(d) of the Act (111 Stat. 754).

(l) Section 603(b) and (c) of the District of Columbia Home Rule Act (D.C. Code § 47-313(b) and (c)) is revived by repealing section 11243(e) of the Act (111 Stat. 754).

(m) Section 455(g) of the District of Columbia Home Rule Act (D.C. Code § 47-117(g)) is repealed by repealing section 11244(a) of the Act (111 Stat. 754).

(n) Section 715(b) of Title 31 the United States Code (D.C. Code § 47-118.1(b)) is revived by repealing section 11244(b) of the Act (111 Stat. 754).

(o) Section 47-119(d) of the District of Columbia Code is repealed by repealing section 11244(c) of the Act (111 Stat. 754).

(p) Section 47-341(21) of the District of Columbia Code is revived by repealing section 11245(a) of the Act (111 Stat. 754).

(q) Section 47-363(h) of the District of Columbia Code is revived by repealing section 11245(b) of the Act (111 Stat. 754).

(r) Section 47-382(1) of the District of Columbia Code is revived by repealing section 11245(c)(1) of the Act (111 Stat. 754).

(s) Section 47-383(b) of the District of Columbia Code is revived by repealing section 11245(c)(2) of the Act (111 Stat. 754).

(t) Section 11-1912(a) of the District of Columbia Code is revived by repealing section 11246(a) of the Act (111 Stat. 755).

(u) Section 11-1726 of the District of Columbia Code is revived by repealing section 11246(b)(1) of the Act (111 Stat. 755).

(v) The item relating to section 11-1726 in the table of contents for Subchapter 11 of Chapter 15 of Title 11 of the District of Columbia Code is revived by repealing section 11246(b)(2) of the Act (111 Stat. 756).

(w) Section 11246(b)(3) of the Act (111 Stat. 756) is repealed.

(x) Section 11-1703(d) of the District of Columbia Code is revived by repealing section 11246(c) of the Act (111 Stat. 756).

(y) Section 47-393(5) of the District of Columbia Code is revived by repealing section 11261 (a) of the Act (111 Stat. 760).

(z) Sections 201(a) and (b) and 301(13) of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, effective March 3, 1979 (D.C. Law 2-139; D.C. Code § 1-602.1 (a) and (b) and 1-603.1(13)), are revived by repealing section 11261 (b) of the Act (111 Stat. 760).

(aa) Sections 11-2607 and 11-2608 of the District of Columbia Code are revived by repealing section 11262(a) and (b) of the Act (111 Stat. 7560).

(bb) Section 11-2609 of the District of Columbia Code is revived by repealing section 11262(c)(1) of the Act (111 Stat. 761).

(cc) The item relating to section 11-2609 in the table of contents Chapter 26 of Title 11 of the District of Columbia Code is revived by repealing section 112462(c)(2) of the Act (111 Stat. 761).

TITLE III. FISCAL IMPACT STATEMENT.

Sec. 301. The Council adopts the fiscal impact statement in the committee report as the fiscal impact statement required by section 602(c)(3) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 813; D.C. Code § 1-233(c)(3)).

TITLE IV. CONDITIONAL EFFECTIVE DATE.

Sec. 401. This act shall take effect on the later of: (1) completion of a 30-day period of Congressional review following approval by the Mayor (or in the event of veto by the Mayor, action by the Council to override the veto), approval by the Financial Responsibility and Management Assistance Authority as provided in section 203(a) of the District of Columbia Financial Responsibility and Management Assistance Act of 1995, approved April 17, 1995 (109 Stat. 116; D.C. Code § 47-392.3(a)), as provided in section 602(c)(1) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 831; D.C. Code §1-233(c)(1)), and publication in the District of Columbia Register; or (2) enactment of legislation by the United States Congress that states the following:

"The Local Court Reform Amendment Act of 2001, adopted by the Council of the District of Columbia is enacted into law.".