[Congressional Record (Bound Edition), Volume 158 (2012), Part 8]
[Senate]
[Pages 10855-10856]
[From the U.S. 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.

[[Page 10856]]

       ``(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 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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