United States Statutes at Large, Volume 126, 112th Congress, 2nd Session

[United States Statutes at Large, Volume 126, 112th Congress, 2nd Session]
[From the U.S. Government Publishing Office, www.gpo.gov]


Public Law 112-229
112th Congress

An Act


 
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. <>

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

[[Page 1612]]

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.

[[Page 1613]]

``(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

[[Page 1614]]

``(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,

[[Page 1615]]

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.

Approved December 28, 2012.

LEGISLATIVE HISTORY--S. 1379:
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HOUSE REPORTS: No. 112-178 (Comm. on Homeland Security and Governmental
Affairs).
CONGRESSIONAL RECORD, Vol. 158 (2012):
July 9, considered and passed Senate.
Dec. 13, considered and passed House.