[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.

                          ____________________