[Congressional Record Volume 156, Number 149 (Tuesday, November 16, 2010)]
[House]
[Pages H7465-H7467]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
{time} 1510
D.C. COURTS AND PUBLIC DEFENDER SERVICE ACT OF 2010
Ms. NORTON. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 5367) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 5367
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 2010''.
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 a natural disaster or other emergency situation
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.
``(5) Definitions.--For purposes of this subsection--
``(A) the term `natural disaster' means any natural
catastrophe (including any hurricane, tornado, storm, high
water, wind-driven water, tidal wave, tsunami, earthquake,
volcanic eruption, landslide, mudslide, snowstorm, or
drought), or, regardless of cause, any fire, flood, or
explosion; and
``(B) the term `other emergency situation' includes but is
not limited to any occasion or instance of terrorism, enemy
attack, sabotage, other hostile action, disease, or any
manmade cause which results in an imminent threat, severe
damage, or injury to life or property, or loss thereof, or
results in the destruction of or severe damage to a court
house, or impairs the ability to access a courthouse, or the
ability to staff the courts.
``(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,
[[Page H7466]]
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 a natural disaster or other emergency situation
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.
``(5) Definitions.--For purposes of this subsection--
``(A) the term `natural disaster' means any natural
catastrophe (including any hurricane, tornado, storm, high
water, wind-driven water, tidal wave, tsunami, earthquake,
volcanic eruption, landslide, mudslide, snowstorm, or
drought), or, regardless of cause, any fire, flood, or
explosion; and
``(B) the term `other emergency situation' includes but is
not limited to any occasion or instance of terrorism, enemy
attack, sabotage, other hostile action, disease, or any
manmade cause which results in an imminent threat, severe
damage, or injury to life or property, or loss thereof, or
results in the destruction of or severe damage to a court
house, or impairs the ability to access a courthouse, or the
ability to staff the courts.
``(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.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
the District of Columbia (Ms. Norton) and the gentleman from California
(Mr. Bilbray) each will control 20 minutes.
The Chair recognizes the gentlewoman from the District of Columbia.
General Leave
Ms. NORTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days in which to revise and extend their remarks.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from the District of Columbia?
There was no objection.
Ms. NORTON. Mr. Speaker, I now yield myself such time as I may
consume.
I rise in support of H.R. 5367, the District of Columbia Courts and
Public
[[Page H7467]]
Defender Service Act of 2010. I introduced this bill on May 24, 2010,
and the Oversight and Government Reform Committee ordered the bill
reported on September 23. H.R. 5367 expands the administrative
authorities of the District of Columbia Court system and increases the
efficiency of the system.
Mr. Speaker, this bill is at the special request of the Article I
Courts of the District of Columbia where changes need the consent of
Congress in order to be made. These are small but important changes to
the court. It wishes the desire to hold its conferences other than on
an annual basis, particularly given the fact that the court has access
to Web sites and other ways to communicate to judges. Therefore, this
bill simply leaves this matter to the discretion of the judiciary.
The bill also has an important section, allowing the court to toll
judicial proceedings in the event of an emergency. We know that the
District of Columbia is in the cross-hairs of al Qaeda. We also know
that we are not immune to natural disasters. While the court has the
authority to conduct emergency sessions outside of the District of
Columbia, it is imperative that it be able to delay proceedings so that
it can reconfigure what to do in the event of an emergency. Similar
bills have been introduced here in the Congress regarding the Federal
court system, and several States have enacted similar legislation. I do
not need to tell Members of this House what it would mean to a court of
jurisdiction to be faced with a calendar and then an emergency as to
what to do with, for example, commercial transactions or criminal
matters. Clearly the court needs discretion to delay, according to the
circumstances, such justice as it sees fit.
I urge my colleagues to join me in supporting H.R. 5367.
I reserve the balance of my time.
Mr. BILBRAY. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 5367, the D.C. Courts and Public
Defender Service Act of 2010, and I would ask for support for the bill.
With that, Mr. Speaker, I yield back the balance of my time.
Ms. NORTON. Mr. Speaker, may I also indicate that this bill gives the
public defender of the District of Columbia the right to purchase
liability insurance, a right that the Federal public defenders have
throughout the United States. The reason the bill is necessary in order
to give them this right is that the public defender of the District of
Columbia exists in a twilight zone, as it were. It handles local
matters, but it is a Federal agency. So we need the imprimatur of this
Congress.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from the District of Columbia (Ms. Norton) that the House
suspend the rules and pass the bill, H.R. 5367, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
The title was amended so as to read: ``A bill to amend title 11,
District of Columbia Official Code, to revise certain administrative
authorities of the District of Columbia courts, 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, and for other purposes.''.
A motion to reconsider was laid on the table.
____________________