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Establishment of an Office of the District Attorney Advisory Referendum Approval Resolution of 2002
Res. 14-494

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ENROLLED ORIGINAL

A RESOLUTION IN THE COUNCIL OF THE DISTRICT OF COLUMBIA

July 2. 2002

To approve the proposed advisory referendum, which shall ask the electorate if the Home Rule Act should be amended to establish an Office of the District Attorney for the District of Columbia, headed by a locally elected and independent District Attorney who shall be the chief legal officer for the District of Columbia and who shall prosecute all local criminal laws and perform any related functions, thereby relieving the federal government of the burden of prosecuting the local criminal laws of the District of Columbia, and who shall have authority over civil enforcement of local law and over any other legal function, as provided by local law.

RESOLVED, BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this resolution may be cited as the "Establishment of an Office of the District Attorney Advisory Referendum Approval Resolution of 2002".

Sec. 2. (a) Pursuant to section 412(b) of the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 784; D.C. Official Code § 1-204.12(b)), the Council seeks to request that Congress amend the District of Columbia Home Rule Act to establish an Office of the District Attorney and hereby approves an advisory referendum, which shall ask the voters whether such an office should be established, to read as follows:

"ADVISORY REFERENDUM A"

Short Title

"Advisory Referendum on the Establishment of an Office of the District Attorney for the District of Columbia Resolution of 2002".

Summary Statement

To ask the voters on November 5, 2002, through an advisory referendum, if the Home Rule Act should be amended to establish an Office of the District Attorney for the District of Columbia, headed by a locally elected, independent District Attorney. On the next Mayoral election, following a one-time, initial appointment by the Mayor with approval of the Council, a District Attorney shall be elected to serve a 4-year term, be the chief legal officer for the District of Columbia, and prosecute all local criminal laws and perform any related functions, thereby relieving the federal government of the burden of prosecuting the local criminal laws of the District of Columbia, and have authority over civil enforcement of local law and over any other legal function, as provided by local law.

Shall the voters of the District of Columbia advise the Council to approve or reject this proposal?

YES, to approve
NO, to reject

(b) The expenditure of funds necessary to implement this resolution are subject to the availability of appropriations.

Sec. 3. 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. Official Code §1206.02(c)(3)).

Sec. 4. This resolution shall take effect immediately upon the first date of publication in the District of Columbia Register.

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