Congressional Record, Volume 158 Issue 101 (Monday, July 9, 2012)

[Congressional Record Volume 158, Number 101 (Monday, July 9, 2012)]
[Senate]
[Pages S4790-S4791]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

D.C. COURTS AND PUBLIC SERVICE DEFENDER ACT OF 2011

Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to Calendar No. 436, S. 1379.
The PRESIDING OFFICER. The clerk will report the bill by title.
The bill clerk read as follows:

A bill (S. 1379) 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.

There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Homeland Security and
Governmental Affairs, with an amendment, as follows:
(Omit the part shown in boldface brackets and insert the part printed
in italic.)

S. 1379

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

[[Page S4791]]

(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) Authorization for Program of Voluntary Separation
Incentive Payments.--
(1) In general.--Chapter 17 of title 11, District of
Columbia Official Code, is amended by inserting after section
11-1726 the following new section:

``Sec. 11-1726A. Voluntary Separation Incentive Payments

``The Joint Committee on Judicial Administration may, by
regulation, establish a program substantially similar to the
program established under subchapter II of chapter 35 of
title 5, United States Code, for nonjudicial employees of the
District of Columbia courts.''.
(2) Clerical amendment.--The table of contents of chapter
17 of title 11, District of Columbia Official Code, is
amended by inserting after the item relating to section 11-
1726 the following new item:

``11-1726A. Voluntary separation incentive payments.''.

[(d)](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.

Mr. REID. I ask unanimous consent that the committee-reported
amendment be agreed to, and the bill, as amended, be read a third time.
The PRESIDING OFFICER. Without objection, it is so ordered.
The committee amendment was agreed to.
The bill (S. 1379), as amended, was ordered to be engrossed for a
third reading and was read the third time.
Mr. REID. I know of no further debate on this bill, Mr. President.
The PRESIDING OFFICER. The question is on agreeing to the bill, as
amended.
The bill, as amended, was passed.
(The bill will be printed in a future edition of the Record.)
Mr. REID. Mr. President, I ask unanimous consent that the motion to
reconsider be laid upon the table.
The PRESIDING OFFICER. Without objection, it is so ordered.

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