D.C. Courts and Public Defender Service Act of 2011 Public Law 112–229 D.C. Courts and Public Defender Service Act of 2011 229 112–229 Statute Compilation United States House of Representatives Office of the Legislative Counsel text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. GPO Statute Compilations USLM converter, version 20210527.1 2021-10-15 D.C. Courts and Public Defender Service Act of 2011 10113 112 2012-12-28 D.C. Courts and Public Defender Service Act of 2011 [(Public Law 112–229)] [This law has not been amended] [Currency: This publication is a compilation of the text of Public Law 112-229. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/] [Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
AN ACTTo 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 . (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 . (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.