[Congressional Record Volume 165, Number 50 (Thursday, March 21, 2019)]
[Extensions of Remarks]
[Page E323]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF THE DISTRICT OF COLUMBIA COURTS VACANCY REDUCTION ACT

                                 ______
                                 

                       HON. ELEANOR HOLMES NORTON

                      of the district of columbia

                    in the house of representatives

                        Thursday, March 21, 2019

  Ms. NORTON. Madam Speaker, today, I introduce the District of 
Columbia Courts Vacancy Reduction Act. This bill would allow local 
District of Columbia court nominees to be seated after a 30-day 
congressional review period unless a resolution of disapproval is 
enacted into law during that period. Currently, nominees cannot be 
seated without affirmative Senate approval. The congressional review 
process for nominees would be the same one used for legislation passed 
by the D.C. Council. It is therefore a reliable process, long-
recognized by Congress. My bill is prompted by the unique requirement 
that judges for the local D.C. courts be confirmed by the Senate, where 
nominees for the federal courts, understandably, get the primary focus 
and priority. There is currently a vacancy crisis facing the District's 
criminal and civil courts, and the D.C. courts have raised serious 
concerns due to longstanding vacancies.
  Whether Democrats or Republicans control the Senate, the local D.C. 
courts regularly face vacancy crises, which harm the operations of the 
judicial system in the District. Congress created the D.C. Judicial 
Nomination Commission (JNC) to recommend candidates, and Congress 
should generally defer to its judgment. This bill is a compromise, 
useful to all concerned, that retains a congressional role while saving 
the Senate time by removing the need for committee and floor action and 
increasing the odds that D.C. will have a full complement of local 
judges.
  Currently, there are seven vacancies out of 62 authorized judges on 
the D.C. Superior Court and two vacancies out of nine authorized judges 
on the D.C. Court of Appeals.
  Both pre- and post-home rule, the District has never had control over 
the nomination and approval of local D.C. judges. My bill would not 
alter the role of the JNC or the President in the nomination process. 
Under the Home Rule Act, the JNC recommends to the President a list of 
three persons for each vacancy on the Superior Court and Court of 
Appeals. The President must nominate a candidate recommended by the JNC 
within 60 days to the Senate for advice and consent. If the President 
fails to nominate such a person within 60 days, the JNC must nominate a 
recommended person directly to the Senate for advice and consent. The 
Senate has no obligation to provide its advice and consent. Under this 
bill, once a name has been transmitted to Congress, the nomination 
would be deemed approved unless a resolution of disapproval is enacted 
into law during a 30-legislative-day review period.
  I urge my colleagues to support this important legislation.

                          ____________________