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District of Columbia Family Court Act of 2001
HR 2657 RFS
September 21, 2001

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H.R.2657
District of Columbia Family Court Act of 2001 (Referred in Senate)

HR 2657 RFS 

107th CONGRESS
1st Session

H. R. 2657
IN THE SENATE OF THE UNITED STATES
September 21, 2001

Received; read twice and referred to the Committee on Governmental Affairs 

AN ACT

To amend title 11, District of Columbia Code, to redesignate the Family Division of the Superior Court of the District of Columbia as the Family Court of the Superior Court, to recruit and retain trained and experienced judges to serve in the Family Court, to promote consistency and efficiency in the assignment of judges to the Family Court and in the consideration of actions and proceedings in the Family Court, 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 Family Court Act of 2001'.

SEC. 2. REDESIGNATION OF FAMILY DIVISION AS FAMILY COURT OF THE SUPERIOR COURT.

(a) IN GENERAL- Section 11-902, District of Columbia Code, is amended to read as follows:

`Sec. 11-902. Organization of the court.

`(a) IN GENERAL- The Superior Court shall consist of the Family Court of the Superior Court and the following divisions of the Superior Court:

`(1) The Civil Division.

`(2) The Criminal Division.

`(3) The Probate Division.

`(4) The Tax Division.

`(b) BRANCHES- The divisions of the Superior Court may be divided into such branches as the Superior Court may by rule prescribe.

`(c) DESIGNATION OF PRESIDING JUDGE OF FAMILY COURT- The chief judge of the Superior Court shall designate one of the judges assigned to the Family Court of the Superior Court to serve as the presiding judge of the Family Court of the Superior Court.

`(d) JURISDICTION DESCRIBED- The Family Court shall have exclusive jurisdiction over the actions, applications, determinations, adjudications, and proceedings described in section 11-1101, except that those actions within the jurisdiction of the Domestic Violence Unit (a section of the Civil Division, Criminal Division, and the Family Court) pursuant to Administrative Order No. 96-25 (October 31, 1996) shall remain in that Unit.'.

(b) CONFORMING AMENDMENT TO CHAPTER 9- Section 11-906(b), District of Columbia Code, is amended by inserting `the Family Court and' before `the various divisions'.

(c) CONFORMING AMENDMENTS TO CHAPTER 11- 

(1) The heading for chapter 11 of title 11, District of Columbia, is amended by striking `FAMILY DIVISION' and inserting `FAMILY COURT'.

(2) Section 11-1101, District of Columbia Code, is amended by striking `Family Division' and inserting `Family Court'.

(3) The item relating to chapter 11 in the table of chapters for title 11, District of Columbia, is amended by striking `FAMILY DIVISION' and inserting `FAMILY COURT'.

(d) CONFORMING AMENDMENTS TO TITLE 16-

(1) CALCULATION OF CHILD SUPPORT- Section 16-916.1(o)(6), District of Columbia Code, is amended by striking `Family Division' and inserting `Family Court of the Superior Court'.

(2) EXPEDITED JUDICIAL HEARING OF CASES BROUGHT BEFORE HEARING COMMISSIONERS- Section 16-924, District of Columbia Code, is amended by striking `Family Division' each place it appears in subsections (a) and (f) and inserting `Family Court'.

(3) GENERAL REFERENCES TO PROCEEDINGS- Chapter 23 of title 16, District of Columbia Code, is amended by inserting after section 16-2301 the following new section:

`Sec. 16-2301.1. References deemed to refer to Family Court of the Superior Court.

`Upon the effective date of the District of Columbia Family Court Act of 2001, any reference in this chapter or any other Federal or District of Columbia law, Executive order, rule, regulation, delegation of authority, or any document of or pertaining to the Family Division of the Superior Court of the District of Columbia shall be deemed to refer to the Family Court of the Superior Court of the District of Columbia.'.

(4) CLERICAL AMENDMENT- The table of sections for subchapter I of chapter 23 of title 16, District of Columbia, is amended by inserting after the item relating to section 16-2301 the following new item:

`16-2301.1. References deemed to refer to Family Court of the Superior Court.'.

SEC. 3. APPOINTMENT AND ASSIGNMENT OF JUDGES; NUMBER AND QUALIFICATIONS.

(a) NUMBER OF JUDGES FOR FAMILY COURT; QUALIFICATIONS AND TERMS OF SERVICE- Chapter 9 of title 11, District of Columbia Code, is amended by inserting after section 11-908 the following new section:

`Sec. 11-908A. Special rules regarding assignment and service of judges of Family Court.

`(a) NUMBER OF JUDGES- The number of judges serving on the Family Court of the Superior Court at any time may not be--

`(1) less than the number of judges determined by the chief judge of the Superior Court to be needed to serve on the Family Court under the transition plan for the Family Court prepared and submitted to the President and Congress under section 3(b) of the District of Columbia Family Court Act of 2001; or

`(2) greater than 15.

`(b) QUALIFICATIONS- The chief judge may not assign an individual to serve on the Family Court of the Superior Court unless--

`(1) the individual has training or expertise in family law;

`(2) the individual certifies to the chief judge that the individual intends to serve the full term of service, except that this paragraph shall not apply with respect to individuals serving as senior judges under section 11-1504; and

`(3) the individual certifies to the chief judge that the individual will participate in the ongoing training programs carried out for judges of the Family Court under section 11-1104(c).

`(c) TERM OF SERVICE-

`(1) IN GENERAL- Except as provided in paragraph (2), an individual assigned to serve as a judge of the Family Court of the Superior Court shall serve for a term of 5 years.

`(2) SPECIAL RULE FOR JUDGES SERVING ON SUPERIOR COURT ON DATE OF ENACTMENT OF FAMILY COURT ACT-

`(A) IN GENERAL- An individual assigned to serve as a judge of the Family Court of the Superior Court who is serving as a judge of the Superior Court on the date of the enactment of the District of Columbia Family Court Act of 2001 shall serve for a term of not fewer than 3 years.

`(B) REDUCTION OF PERIOD FOR JUDGES SERVING IN FAMILY DIVISION- In the case of a judge of the Superior Court who is serving as a judge in the Family Division of the Court on the date of the enactment of the District of Columbia Family Court Act of 2001, the 3-year term applicable under subparagraph (A) shall be reduced by the length of any period of consecutive service as a judge in such Division as of the date of the enactment of such Act.

`(3) ASSIGNMENT FOR ADDITIONAL SERVICE- After the term of service of a judge of the Family Court (as described in paragraph (1) or paragraph (2)) expires, at the judge's request the judge may be assigned for additional service on the Family Court for a period of such duration (consistent with section 431(c) of the District of Columbia Home Rule Act) as the chief judge may provide.

`(4) PERMITTING SERVICE ON FAMILY COURT FOR ENTIRE TERM- At the request of the judge, a judge may serve as a judge of the Family Court for the judge's entire term of service as a judge of the Superior Court under section 431(c) of the District of Columbia Home Rule Act.

`(d) REASSIGNMENT TO OTHER DIVISIONS- The chief judge may reassign a judge of the Family Court to any division of the Superior Court if the chief judge determines that the judge is unable to continue serving in the Family Court.'.

(b) PLAN FOR FAMILY COURT TRANSITION-

(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the chief judge of the Superior Court of the District of Columbia shall prepare and submit to the President and Congress a transition plan for the Family Court of the Superior Court, and shall include in the plan the following:

(A) The chief judge's determination of the number of judges needed to serve on the Family Court.

(B) The chief judge's determination of the role and function of the presiding judge of the Family Court.

(C) The chief judge's determination of the number of magistrate judges of the Family Court needed for appointment under section 11-1732, District of Columbia Code.

(D) The chief judge's determination of the appropriate functions of such magistrate judges, together with the compensation of and other personnel matters pertaining to such magistrate judges.

(E) A plan for case flow, case management, and staffing needs (including the needs for both judicial and nonjudicial personnel) for the Family Court.

(F) A description of how the Superior Court will meet the requirements of section 11-1104(a), District of Columbia Code (as added by section 4(a)), regarding the promulgation of rules to enforce the `one family, one judge' requirement for cases and proceedings in the Family Court.

(G) An analysis of the needs of the Family Court for space, equipment, and other physical plant requirements, as determined in consultation with the Administrator of General Services.

(H) An analysis of the success of the use of magistrate judges under the expedited appointment procedures established under section 6(d) in reducing the number of pending actions and proceedings within the jurisdiction of the Family Court (as described in section 11-902(d), District of Columbia, as amended by subsection (a)).

(I) Consistent with the requirements of paragraph (2), a proposal and timetable for the disposition of actions and proceedings pending in the Family Division of the Superior Court as of the date of the enactment of this Act (together with actions and proceedings described in section 11-1101, District of Columbia Code, which were initiated in the Family Division but remain pending in other Divisions of the Superior Court as of such date) in a manner consistent with applicable Federal and District of Columbia law and best practices, including (but not limited to) best practices developed by the American Bar Association and the National Council of Juvenile and Family Court Judges.

(2) DISPOSITION AND TRANSFER OF PENDING ACTIONS AND PROCEEDINGS- The chief judge of the Superior Court shall take such actions as may be necessary to provide for the earliest practicable disposition of actions and proceedings pending in the Family Division of the Superior Court as of the date of the enactment of this Act (together with actions and proceedings described in section 11-1101, District of Columbia Code, which were initiated in the Family Division but remain pending in other Divisions of the Superior Court as of such date), but in no event may any such action or proceeding remain pending longer than 18 months after the date the chief judge submits the transition plan required under paragraph (1) to the President and Congress.

(3) TRANSFER OF ACTIONS AND PROCEEDINGS- The chief judge of the Superior Court shall take such steps as may be required to ensure that each action or proceeding within the jurisdiction of the Family Court of the Superior Court (as described in section 11-902(d), District of Columbia Code, as amended by subsection (a)) which is pending as of the effective date described in section 9 is transferred or otherwise assigned to the Family Court immediately upon such date.

(4) EFFECTIVE DATE OF IMPLEMENTATION OF PLAN- The chief judge of the Superior Court may not take any action to implement the transition plan under this subsection until the expiration of the 30-day period which begins on the date the chief judge submits the plan to the President and Congress under paragraph (1).

(c) TRANSITION TO APPROPRIATE NUMBER OF JUDGES-

(1) ANALYSIS BY CHIEF JUDGE OF SUPERIOR COURT- The chief judge of the Superior Court of the District of Columbia shall include in the transition plan prepared under subsection (b)--

(A) the chief judge's determination of the number of individuals serving as judges of the Superior Court who meet the qualifications for judges of the Family Court of the Superior Court under section 11-908A, District of Columbia Code (as added by subsection (a)); and 

(B) if the chief judge determines that the number of individuals described in subparagraph (A) is less than the number of individuals the chief judge is required to assign to the Family Court under such section, a request that the President appoint (in accordance with section 433 of the District of Columbia Home Rule Act) such additional number of individuals to serve on the Superior Court who meet the qualifications for judges of the Family Court under such section as may be required to enable the chief judge to make the required number of assignments.

(2) ONE-TIME APPOINTMENT OF ADDITIONAL JUDGES TO SUPERIOR COURT FOR SERVICE ON FAMILY COURT- If the President receives a request from the chief judge of the Superior Court of the District of Columbia under paragraph (1)(B), the President (in accordance with section 433 of the District of Columbia Home Rule Act) shall appoint additional judges to the Superior Court who meet the qualifications for judges of the Family Court in a number equal to the number of additional appointments so requested by the chief judge, and each judge so appointed shall be assigned by the chief judge to serve on the Family Court of the Superior Court. 

(3) ROLE OF DISTRICT OF COLUMBIA JUDICIAL NOMINATION COMMISSION- For purposes of section 434(d)(1) of the District of Columbia Home Rule Act, the submission of a request from the chief judge of the Superior Court of the District of Columbia under paragraph (1)(B) shall be deemed to create a number of vacancies in the position of judge of the Superior Court equal to the number of additional appointments so requested by the chief judge. In carrying out this paragraph, the District of Columbia Judicial Nomination Commission shall recruit individuals for possible nomination and appointment to the Superior Court who meet the qualifications for judges of the Family Court of the Superior Court. 

(4) JUDGES APPOINTED UNDER ONE-TIME APPOINTMENT PROCEDURES NOT TO COUNT AGAINST LIMIT ON NUMBER OF SUPERIOR COURT JUDGES- Any judge who is appointed to the Superior Court of the District of Columbia pursuant to the one-time appointment procedures under this subsection for assignment to the Family Court of the Superior Court shall be appointed without regard to the limit on the number of judges of the Superior Court under section 11-903, District of Columbia Code. Any judge who is appointed to the Superior Court under any procedures other than the one-time appointment procedures under this subsection shall count against such limit, without regard to whether or not the judge is appointed to replace a judge appointed under the one-time appointment procedures under this subsection or is otherwise assigned to the Family Court of the Superior Court.

(d) REPORT BY COMPTROLLER GENERAL-

(1) IN GENERAL- Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall prepare and submit to Congress and the chief judge of the Superior Court of the District of Columbia a report on the implementation of this Act (including the effect of the transition plan under subsection (b) on the implementation of this Act), and shall include in the report the following: 

(A) An analysis of the procedures used to make the initial appointments of judges of the Family Court under this Act and the amendments made by this Act, including an analysis of the time required to make such appointments and the effect of the qualification requirements for judges of the Court (including requirements relating to the length of service on the Court) on the time required to make such appointments. 

(B) An analysis of the impact of magistrate judges for the Family Court (including the expedited initial appointment of magistrate judges for the Court under section 6(d)) on the workload of judges and other personnel of the Court. 

(C) An analysis of the number of judges needed for the Family Court, including an analysis of how the number may be affected by the qualification requirements for judges, the availability of magistrate judges, and other provisions of this Act or the amendments made by this Act. 

(D) An analysis of the timeliness of the resolution and disposition of pending actions and proceedings required under the transition plan (as described in subsection (b)(1)(I) and (b)(2)), including an analysis of the effect of the availability of magistrate judges on the time required to resolve and dispose of such actions and proceedings.

(2) SUBMISSION TO CHIEF JUDGE OF SUPERIOR COURT- Prior to submitting the report under paragraph (1) to Congress, the Comptroller General shall provide a preliminary version of the report to the chief judge of the Superior Court and shall take any comments and recommendations of the chief judge into consideration in preparing the final version of the report. 

(e) ONGOING REPORTS ON PENDING CASES AND PROCEEDINGS-

(1) IN GENERAL- The chief judge of the Superior Court of the District of Columbia shall submit a status report to the President and Congress on the disposition of actions and proceedings pending in the Family Division of the Superior Court as of the date of the enactment of this Act (together with actions and proceedings described in section 11-1101, District of Columbia Code, which were initiated in the Family Division but remain pending in other Divisions of the Superior Court as of such date) and the extent to which the Court is in compliance with the requirements of this Act regarding the timetable for the disposition of such actions and proceedings.

(2) TIMING OF REPORTS- The chief judge of the Superior Court shall submit the report required under paragraph (1) not later than 6 months after submitting the transition plan under subsection (b) and every 6 months thereafter until the final disposition or transfer to the Family Court of all of the actions and proceedings described in such paragraph.

(f) CONFORMING AMENDMENT- The first sentence of section 11-908(a), District of Columbia Code, is amended by striking `The chief judge' and inserting `Subject to section 11-908A, the chief judge'.

(g) CLERICAL AMENDMENT- The table of sections for chapter 9 of title 11, District of Columbia Code, is amended by inserting after the item relating to section 11-908 the following new item:

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