[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1379 Enrolled Bill (ENR)]
S.1379
One Hundred Twelfth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and twelve
An Act
To amend title 11, District of Columbia Official Code, to revise certain
administrative authorities of the District of Columbia courts, and to
authorize the District of Columbia Public Defender Service to provide
professional liability insurance for officers and employees of the
Service for claims relating to services furnished within the scope of
employment with the Service.
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 ``D.C. Courts and Public Defender
Service Act of 2011''.
SEC. 2. AUTHORITIES OF DISTRICT OF COLUMBIA COURTS.
(a) Permitting Judicial Conference on Biennial Basis; Attendance of
Magistrate Judges.--Section 11-744, District of Columbia Official Code,
is amended--
(1) in the first sentence, by striking ``annually'' and
inserting ``biennially or annually'';
(2) in the first sentence, by striking ``active judges'' and
inserting ``active judges and magistrate judges'';
(3) in the third sentence, by striking ``Every judge'' and
inserting ``Every judge and magistrate judge''; and
(4) in the third sentence, by striking ``Courts of Appeals''
and inserting ``Court of Appeals''.
(b) Emergency Authority To Toll or Delay Judicial Proceedings.--
(1) Proceedings in superior court.--
(A) In general.--Subchapter III of Chapter 9 of title 11,
District of Columbia Official Code, is amended by adding at the
end the following new section:
``Sec. 11-947. Emergency authority to toll or delay proceedings.
``(a) Tolling or Delaying Proceedings.--
``(1) In general.--In the event of a natural disaster or other
emergency situation requiring the closure of Superior Court or
rendering it impracticable for the United States or District of
Columbia Government or a class of litigants to comply with
deadlines imposed by any Federal or District of Columbia law or
rule that applies in the Superior Court, the chief judge of the
Superior Court may exercise emergency authority in accordance with
this section.
``(2) Scope of authority.--(A) The chief judge may enter such
order or orders as may be appropriate to delay, toll, or otherwise
grant relief from the time deadlines imposed by otherwise
applicable laws or rules for such period as may be appropriate for
any class of cases pending or thereafter filed in the Superior
Court.
``(B) The authority conferred by this section extends to all
laws and rules affecting criminal and juvenile proceedings
(including, pre-arrest, post-arrest, pretrial, trial, and post-
trial procedures) and civil, family, domestic violence, probate and
tax proceedings.
``(3) Unavailability of chief judge.--If the chief judge of the
Superior Court is absent or disabled, the authority conferred by
this section may be exercised by the judge designated under section
11-907(a) or by the Joint Committee on Judicial Administration.
``(4) Habeas corpus unaffected.--Nothing in this section shall
be construed to authorize suspension of the writ of habeas corpus.
``(b) Criminal Cases.--In exercising the authority under this
section for criminal cases, the chief judge shall consider the ability
of the United States or District of Columbia Government to investigate,
litigate, and process defendants during and after the emergency
situation, as well as the ability of criminal defendants as a class to
prepare their defenses.
``(c) Issuance of Orders.--The United States Attorney for the
District of Columbia or the Attorney General for the District of
Columbia or the designee of either may request issuance of an order
under this section, or the chief judge may act on his or her own
motion.
``(d) Duration of Orders.--An order entered under this section may
not toll or extend a time deadline for a period of more than 14 days,
except that if the chief judge determines that an emergency situation
requires additional extensions of the period during which deadlines are
tolled or extended, the chief judge may, with the consent of the Joint
Committee on Judicial Administration, enter additional orders under
this section in order to further toll or extend such time deadline.
``(e) Notice.--Upon issuing an order under this section, the chief
judge--
``(1) shall make all reasonable efforts to publicize the order,
including, when possible, announcing the order on the District of
Columbia Courts Web site; and
``(2) shall send notice of the order, including the reasons for
the issuance of the order, to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives.
``(f) Required Reports.--Not later than 180 days after the
expiration of the last extension or tolling of a time period made by
the order or orders relating to an emergency situation, the chief judge
shall submit a brief report to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Joint
Committee on Judicial Administration describing the orders, including--
``(1) the reasons for issuing the orders;
``(2) the duration of the orders;
``(3) the effects of the orders on litigants; and
``(4) the costs to the court resulting from the orders.
``(g) Exceptions.--The notice under subsection (e)(2) and the
report under subsection (f) are not required in the case of an order
that tolls or extends a time deadline for a period of less than 14
days.''.
(B) Clerical amendment.--The table of contents of chapter 9
of title 11, District of Columbia Official Code, is amended by
adding at the end of the items relating to subchapter III the
following:
``11-947. Emergency authority to toll or delay proceedings.''.
(2) Proceedings in court of appeals.--
(A) In general.--Subchapter III of chapter 7 of title 11,
District of Columbia Official Code, is amended by adding at the
end the following new section:
``Sec. 11-745. Emergency authority to toll or delay proceedings.
``(a) Tolling or Delaying Proceedings.--
``(1) In general.--In the event of a natural disaster or other
emergency situation requiring the closure of the Court of Appeals
or rendering it impracticable for the United States or District of
Columbia Government or a class of litigants to comply with
deadlines imposed by any Federal or District of Columbia law or
rule that applies in the Court of Appeals, the chief judge of the
Court of Appeals may exercise emergency authority in accordance
with this section.
``(2) Scope of authority.--The chief judge may enter such order
or orders as may be appropriate to delay, toll, or otherwise grant
relief from the time deadlines imposed by otherwise applicable laws
or rules for such period as may be appropriate for any class of
cases pending or thereafter filed in the Court of Appeals.
``(3) Unavailability of chief judge.--If the chief judge of the
Court of Appeals is absent or disabled, the authority conferred by
this section may be exercised by the judge designated under section
11-706(a) or by the Joint Committee on Judicial Administration.
``(4) Habeas corpus unaffected.--Nothing in this section shall
be construed to authorize suspension of the writ of habeas corpus.
``(b) Issuance of Orders.--The United States Attorney for the
District of Columbia or the Attorney General for the District of
Columbia or the designee of either may request issuance of an order
under this section, or the chief judge may act on his or her own
motion.
``(c) Duration of Orders.--An order entered under this section may
not toll or extend a time deadline for a period of more than 14 days,
except that if the chief judge determines that an emergency situation
requires additional extensions of the period during which deadlines are
tolled or extended, the chief judge may, with the consent of the Joint
Committee on Judicial Administration, enter additional orders under
this section in order to further toll or extend such time deadline.
``(d) Notice.--Upon issuing an order under this section, the chief
judge--
``(1) shall make all reasonable efforts to publicize the order,
including, when possible, announcing the order on the District of
Columbia Courts Web site; and
``(2) shall send notice of the order, including the reasons for
the issuance of the order, to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Government Reform of the House of Representatives.
``(e) Required Reports.--Not later than 180 days after the
expiration of the last extension or tolling of a time period made by
the order or orders relating to an emergency situation, the chief judge
shall submit a brief report to the Committee on Homeland Security and
Governmental Affairs of the Senate, the Committee on Oversight and
Government Reform of the House of Representatives, and the Joint
Committee on Judicial Administration describing the orders, including--
``(1) the reasons for issuing the orders;
``(2) the duration of the orders;
``(3) the effects of the orders on litigants; and
``(4) the costs to the court resulting from the orders.
``(f) Exceptions.--The notice under subsection (d)(2) and the
report under subsection (e) are not required in the case of an order
that tolls or extends a time deadline for a period of less than 14
days.''.
(B) Clerical amendment.--The table of contents of chapter 7
of title 11, District of Columbia Official Code, is amended by
adding at the end of the items relating to subchapter III the
following:
``11-745. Emergency authority to toll or delay proceedings.''.
(c) Permitting Agreements To Provide Services on a Reimbursable
Basis to Other District Government Offices.--
(1) In general.--Section 11-1742, District of Columbia Official
Code, is amended by adding at the end the following new subsection:
``(d) To prevent duplication and to promote efficiency and economy,
the Executive Officer may enter into agreements to provide the Mayor of
the District of Columbia with equipment, supplies, and services and
credit reimbursements received from the Mayor for such equipment,
supplies, and services to the appropriation of the District of Columbia
Courts against which they were charged.''.
(2) Effective date.--The amendment made by paragraph (1) shall
apply with respect to fiscal year 2010 and each succeeding fiscal
year.
SEC. 3. LIABILITY INSURANCE FOR PUBLIC DEFENDER SERVICE.
Section 307 of the District of Columbia Court Reform and Criminal
Procedure Act of 1970 (sec. 2-1607, D.C. Official Code) is amended by
adding at the end the following new subsection:
``(e) The Service shall, to the extent the Director considers
appropriate, provide representation for and hold harmless, or provide
liability insurance for, any person who is an employee, member of the
Board of Trustees, or officer of the Service for money damages arising
out of any claim, proceeding, or case at law relating to the furnishing
of representational services or management services or related services
under this Act while acting within the scope of that person's office or
employment, including but not limited to such claims, proceedings, or
cases at law involving employment actions, injury, loss of liberty,
property damage, loss of property, or personal injury, or death arising
from malpractice or negligence of any such officer or employee.''.
SEC. 4. REDUCTION IN TERM OF SERVICE OF JUDGES ON FAMILY COURT OF THE
SUPERIOR COURT.
(a) Reduction in Term of Service.--Section 11-908A(c)(1), District
of Columbia Official Code, is amended by striking ``5 years'' and
inserting ``3 years''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to any individual serving as a judge on the Family
Court of the Superior Court of the District of Columbia on or after the
date of the enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.