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PUBLIC LAW 91-353-JULY 24, 1970

[84 STAT.

Public Law 91-353 July 24, 1970 [S. 1520]

Newspaper

AN ACT To exempt from the a n t i t r u s t laws certain combinations and necessary for the survival of failing newspapers.

arrangements

Be it enacUd by the Senate and House of Representatives of the United States o f America in ConqrenH anHembled.

Preservation Act.

•' SECTION

" ^

'

1. This Act may be cited as the "Newspaper Preserva-

tion Act". DECLARATION OF POLICY

SEC. 2. In the public interest of maintaining a newspaper press editorially and reportorially independent and competitive in all parts of the United States, it is hereby declared to be the public policy of the United States to preserve the publication of newspapers in any city, community, or metropolitan area where a joint operating arrangement has been heretofore entered into because of economic distress or is hereafter effected in accordance with the provisions of this Act. DEFINITIONS

38 Stat. 717. 52 Stat. ii"i.

SEC. 3. As used in this Act— (1) The term "antitrust law" means the Federal Trade Commission Act and each statute defined by section 4 thereof (15 U.S.C. 44) as "Antitrust Acts" and all amendments to such Act and such statutes and any other Acts in pari materia. (2) The term "joint newspaper operating arrangement" means any contract, agreement, joint venture (whether or not incorporated), or other arrangement entered into by two or more newspaper owners for the publication of two or more newspaper publications, pursuant to which joint or common production facilities are established or operated and joint or unified action is taken or agreed to be taken with respect to any one or more of the following: printing; time, method, and field of publication; allocation of production facilities; distribution; advertising solicitation; circulation solicitation; business department; establishment of advertising rates; establishment of circulation rates and revenue distribution: Provided., That there is no merger, combination, or amalgamation of editorial or reportorial staffs, and that editorial policies be independently determined. (3) The term "newspaper owner" mean any person who owns or controls directly, or indirectly through separate or subsidiary corporations, one or more newspaper publications. (4) The term "newspaper publication" means a publication produced on newsprint paper which is published in one or more issues weekly (including as one publication any daily newspaper and any Sunday newspaper published by the same owner in the same city, community, or metropolitan area), and in which a substantial portion of the content is devoted to the dissemination of news and editorial opinion. (5) The term "failing newspaper" means a newspaper publication which, regardless of its ownership or affiliations, is in probable danger of financial failure. (6) The term "person" means any individual, and any partnership, corporation, association, or other legal entity existing under or authorized by the law of the United States, any State or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or any foreign country.

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PUBLIC LAW 91-353-JULY 24, 1970 ANTITRUST EXEMPTION

SEC. 4. (a) I t shalj not be unlawful under any antitrust law for any person to perform, enforce, renew, or amend any joint newspaper operating arrangement entered into prior to the effective date of this Act, if at the time at which such arrangement was first entered into, regardless of ownership or affiliations, not more than one of the newspaper publications involved in the performance of such arrangement was likely to remain or become a financially sound publication: Provided, That the terms of a renewal or amendment to a joint operating arrangement must be filed with the Department of Justice and that the amendment does not add a newspaper publication or newspaper publications to such arrangement. (b) I t shall be unlawful for any person to enter into, perform, or enforce a joint operating arrangement, not already in effect, except with the prior written consent of the Attorney General of the United States. Prior to granting such approval, the Attorney General shall determine that not more than one of the newspaper publications involved in the arrangement is a publication other than a failing newspaper, and that approval of such arrangement would effectuate the policy and purpose of this Act. (c) Nothing contained in the Act shall be construed to exempt from any antitrust law any predatory pricing, any predatory practice, or any other conduct in the otherwise lawful operations of a joint newspaper operating arrangement which would be unlawful under any antitrust law if engaged in by a single entity. Except as provided in this Act, no joint newspaper operating arrangement or any party thereto shall be exempt from any antitrust law. PREVIOUS TRANSACTIONS

SEC. 5. (a) Notwithstanding any final judgment rendered in any action brought by the United States under which a joint operating arrangement has been held to be unlawful under any antitrust law, any party to such final judgment may reinstitute said joint newspaper operating arrangement to the extent permissible under section 4(a) hereof. (b) The provisions of section 4 shall apply to the determination of any civil or criminal action pending in any district court of the United State on the date of enactment of this Act in which it is alleged that any such joint operating agreement is unlawful under any antitrust law. SEPARABILITY PROVISION

SEC. 6. I f any provision of this Act is declared unconstitutional, or the applicability thereof to any person or circumstance is held invalid, the validity of the remainder of this Act, and the applicability of such provision to any other person or circumstance, shall not be affected thereby. Approved July 24, 1970.

467

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PUBLIC LAW 91-354-JULY 24, 1970

[84 STAT.

Public Law 91-354 July 24, 1970 [S, J. R e s, 88]

30 Stat. 544. 11 USC 1 note.

Commission on the Bankruptcy Laws of the U.S. Establishment.

Report to P r e s i d e n t, Chief Justice, and Congress. Termination. Membership, appointment.

JOINT RESOLUTION To create a commission to study the bankruptcy laws of the United States. Whereas the number of bankruptcies in the United States has increased more than 1,000 per centum annually in the last twenty years; and Whereas more than one-fourth of the referees in bankruptcy have problems arising in their administration of the existing Bankruptcy Act and have made suggestions for substantial improvement in that Act; and Whereas the technical aspects of the Bankruptcy Act are interwoven with the rapid expansion of credit which has reached proportions far beyond anything previously experienced by the citizens of the United States; and Whereas there appears to be little experience or understanding by the Federal Government and the commercial community of the Nation in evaluating the need to update the technical aspects of the Bankruptcy Act and the financial policies pursued by the Federal Government and the commercial community: Now, therefore, be it Resolved l>y the Senate and House of Representatives of the United States of America in Congress assembled, That (a) there is hereby established a commission to be known as the Commission on the Bankruptcy Laws of the United States (hereinafter referred to as the "Commission"). (b) The Commission shall study, analyze, evaluate, and recommend changes to the Act entitled "An Act to establish a uniform system of bankruptcy throughout the United States", approved July 1, 1898 (30 Stat. 544), as amended (title 11, United States Code), in order for such Act to reflect and adequately meet the demands of present technical, financial, and commercial activities. The Commission's study, analysis, and evaluation shall include a consideration of the basic philosophy of bankruptcy, the causes of bankruptcy, the possible alternatives to the present system of bankruptcy administration, the applicability of advanced management techniques to achieve economies in the administration of the Act, and all other matters which the Commission shall deem relevant. (c) The Commission shall submit a comprehensive report of its activities, including its recommendations, to the President, the Chief Justice of the United States, and the Congress within two years after the date of enactment of the joint resolution. Upon the filing of such report, the Commission shall cease to exist. SEC. 2. (a) The Commission shall be composed of the following members appointed as follows: (1) three members appointed by the President of the United States, one of whom shall be designated as Chairman by the President; (2) two Members of the Senate, one from each of the two major political parties, appointed by the President of the Senate; (3) two Members of the House of Representatives, one from each of the two major political parties, appointed by the Speaker of the House of Representatives; and (4) two appointed by the Chief Justice of the United States. (b) Five members of the Commission shall constitute a quorum. (c) A vacancy in the Commission shall not affect its powers. Any vacancy shall be filled in the manner in which the original appointment was made.

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PUBLIC LAW 91-354-JULY 24, 1970

469

(d) Referees in bankruptcy and any other employees of the Federal t^averexpeni^T,' Government who are members of the Commission shall serve without additional compensation. Each member from private life shall receive $100 per diem for each day (including traveltime) during which he is engaged in the actual performance of his duties as a member of the Commission. All members of the Commission shall be reimbursed for travel, subsistence, and other necessary expenses incurred by them in the performance of their duties. SEC. 3. The Commission shall have the power to appoint and fix the Personnel. compensation of such personnel as may be necessary to carry out the provisions of this joint resolution. Such appointments shall be without regard to the provisions of title 5, United States Code, governing ^o Stat. 378,, appointments in the competitive service, and such compensation shall be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General 53^3^^^^ ^^°^' Schedule pay rates. Ante, p. igs-i. SEC. 4. To carry out the purposes of this joint resolution, the Com- aJl^f" ^"'^ mission shall have the authority, within the limits of available appropriations— (1) to obtain any research or other assistance it deems necessary; (2) to prescribe such rules and regulations as it deems necessary governing the manner of its operations and its organization and personnel; (3) to enter into contracts or other arrangements, or modifications thereof, and such contracts or other arrangements or modifications thereof may be entered into without legal consideration, without performance or other bonds, and without regard to section 3709 of the Revised Statutes, as amended (41 U.S.C. 5); (4) to make advance, progress, and other payments which it deems necessary without regard to the provisions of section 3648 of the Revised Statutes, as amended (31 U.S.C. 529); (5) to accept and utilize the services of voluntary and uncompensated personnel and reimburse them for travel expenses, mcluding per.diem, as authorized by section 5703 of title 5, United States Code; and 83 Stat. 190. (6) to acquire by lease, loan, gift, bequest, or devise, and to hold and dispose of by sale, lease, or loan, real or personal property of all kinds necessary for or resulting from the exercise of authority under this joint resolution. SEC. 5. Any office, department, agency, or instrumentality of the executive or judicial branches of the United States Government shall furnish to the Commission, upon a reimbursable basis, such advice, information, and records as the Commission may require for the performance of its duties. SEC. 6. There are authorized to be appropriated out of the Salaries 11^^311*01^^"**"' and Expenses Fund created pursuant to section 40c(4) of the Bank- ""'*" '°"* ruptcy Act (11 U.S.C. 68c(4)) to the Commission such sums, but not \\ use e^s^' more than $600,000, as may be necessary to carry out the provisions of this joint resolution. Approved July 24, 1970.

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PUBLIC LAW 91-355-JULY 24, 1970

[84 STAT.

Public Law 91-355 July 24, 1970 [H, R. 7517]

Canal Zone Government. Benefits to certain former employees.

81 Stat. 215; 83 Stat. 139.

50 Stat. 478. 48 USC 1372 note, "Widow."

Limitation.

81 Stat. 215; 83 Stat. 139.

AN ACT To amend the Canal Zone Code to provide cost-of-living adjustments in cash relief payments to certain former employees of the Canal Zone Government, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 181 of title 2 of the Canal Zone Code (76A Stat. 20) is amended— (1) by redesignating subsection (c) of such section as subsection (e) thereof; and (2) by inserting immediately following subsection (b) of such section the following new subsections (c) and (d): "(c) Each cash relief payment made pursuant to this section shall be increased on the same effective date and by the same per centum, adjusted to the nearest dollar, as civil service retirement annuities are increased under the cost-of-living adjustment provisions of section 8340 (b) of title 5, United States Code. "Such increase shall apply only to cash relief payments made after the date of enactment of this Act as increased by annuity increases made after such date of enactment under section 8340(b) of title 5, United States Code. " (d) The Governor of the Canal Zone may pay cash relief to the widow of any former employee of the Canal Zone Government who, until the time of his death, receives or has received cash relief under subsection (a) of this section or under the Act of July 8, 1937. The term 'widow' as used in this section includes only the following: "(1) a woman legally married to such employee at the time of his termination for disability and at his death. "(2) a woman who, although not legally married to such former employee at the time of his termination, had resided continuously with him for at least five years immediately preceding the employee's termination under such circumstances as would at common law make the relationsliip a valid marriage and who continued to reside with him until his death. "(3) a woman who has not remarried or assumed a commonlaw relationship with any other person. Cash relief granted to such widows shall not at any time exceed 50 per centum of the 'rate at which cash relief, inclusive of any additional payment under subsection (b) of this section, would be payable to the former employee were he then alive." SEC. 2. The increase in cash relief payments authorized by section 181(c) of title 2, Canal Zone Code, as added by this Act, shall apply only to cash relief payments made after the date of enactment of this Act and shall be based only on annuity increases under section 8340(b) of title 5, United States Code, that are made after the date of enactment of this Act. The cash relief payments authorized by section 181(d) of title 2, Canal Zone Code, as added by this Act, shall be payable to eligible individuals as determined by the Governor on the first day of each month following the month in which this Act is enacted. Approved July 24, 1970.

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PUBLIC LAW 91-356-JULY 24, 1970

471

Public Law 91-356 AN ACT To authorize appropriations for activities of the National Science Foundation, and for other purposes. g e it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That there is hereby authorized to be appropriated to the National Science Foundation for the fiscal year ending June 30, 1971, to enable it to carry out its powers and duties under the National Science Foundation Act of 1960, as amended, and under title IX of the National Defense Education Act of 1958, out of any money in the Treasury not otherwise appropriated, $537,730,000. SEC. 2. Appropriations made pursuant to authority provided m section 1 shall remain available for obligation, for expenditure, or for obligation and expenditure, for such period or periods as may be specified in Acts making such appropriations. SEC. 3. Appropriations made pursuant to this Act may be used, but not to exceed $2,500, for official reception and representation expenses upon the approval or authority of the Director of the National Science Foundation, and his determination shall be final and conclusive upon the accounting officers of the Government. SEC. 4. In addition to such sums as are authorized by section 1 hereof, not to exceed $2,000,000 is authorized to be appropriated for expenses of the National Science Foundation incurred outside the United States to be paid for in foreign currencies which the Treasury Department determines to be excess to the normal requirements of the United States. SEC. 5. (a) If an institution of higher education determines, after nt

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convicted by any court or record 01 any crime which was committed mptors. after the date of enactment of this Act and which involved the use of (or assistance to others in the use of) force, disruption, or the seizure of property under control of any institution of higher education to prevent officials or students in such institution from engaging in their duties or pursuing their studies, and that such crime was of a serious nature and contributed to a substantial disruption of the administration of the institution with respect to which such crime was committed, then the institution which such individual attends, or is employed by, shall deny for a period of two years any further payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). If an institution denies an individual assistance under the authority of the preceding sentence of this subsection, then any institution which such individual subsequently attends shall deny for the remainder of the two-j^ear period any:^urther payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). (b) If an institution of higher education determines, after affording ^^^'^".r^ *° °^'^^ !•

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notice and opportunity for hearing to an individual attending, or denial of payemployed by, such institution, that such individual has willfully '"^"tsrefused to obey a lawful regulation or order of such institution after the date of enactment of this Act, and that such refusal was of a serious nature and contributed to a substantial disruption of the administration of such insitution, then such institution shall deny, for a period of two j^ears, any further payment to, or for the direct benefit of, such individual under any of the programs specified in subsection (c). 47-348 0 - 7 2 - 3 4 (Pt. 1)

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64 Stat. 42 USC note. 72 Stat. 42 USC 1879.

PUBLIC LAW 91-357-JULY 29, 1970

149. 1861 1601. 1876-

Independent disciplinary proceeding.

Short title.

[84 STAT.

(c) The programs referred to in subsections (a) and (b) are as follows: (1) The programs authorized by the National Science Foundation Act of 1950; and (2) The programs authorized under title IX of the National Defense Education Act of 1958 relating to establishing the Science Information Service. (d)(1) Nothing in this Act, or any Act amended by this Act, shall be construed to prohibit any institution of higher education from refusing to award, continue, or extend any financial assistance under any such Act to any individual because of any misconduct which in its judgment bears adversely on his fitness for such assistance. (2) Nothing in this section shall be construed as limiting or prejudicing the rights and prerogatives of any institution of higher education to institute and carry out an independent, disciplinary proceeding pursuant to existing authority, practice, and law. (3) Nothing in this section shall be construed to limit the freedom of any student to verbal expression of individual views or opinions. SEC. 6. This Act may be cited as the "National Science Foundation Authorization Act of 1971". Approved July 24, 1970.

Public Law 91-357 July 29, 1970 [H. R. 12758]

Volunteers in the Parks Act of 1969, 5 USC 101-8913.

Incidental expenses. Federal employee status.

28 USC 26712680 and notes.

5 USC 81018150. 80 Stat. 532, Appropriation, limitation. Short title.

AN ACT To authorize the Secretary of the Interior to establish a volunteers in the park program, and for other purposes.

Be It enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior (hereinafter referred to as the Secretary) is authorized to recruit, train, and accept without regard to the civil service classification laws, rules, or regulations the services of individuals without compensation as volunteers for or in aid of interpretive functions, or other visitor services or activities in and related to areas administered by the Secretary through the National P a r k Service. SEC. 2. The Secretary is authorized to provide for incidental expenses, such as transportation^ uniforms, lodging, and subsistence. SEC. 3. (a) Except as otherwise provided in this section, a volunteer shall not be deemed a Federal employee and shall not be subject to the provisions of law relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. (b) For the purpose of the tort claim provisions of title 28 of the United States Code, a volunteer under this Act shall be considered a Federal employee. (c) For the purposes of subchapter I of chapter 81 of title 5 of the United States Code, relating to compensation to Federal employees for work injuries, volunteers under this Act shall be deemed civil employees of the United States within the meaning of the term "employee" as defined in section 8101 of title 5, United States Code, and the provisions of that subchapter shall apply. SEC. 4. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this Act, but not more than $100,000 shall be appropriated in any one year. SEC. 5. This Act may be cited as the "Volunteers in the Parks Act of 1969." Approved July 29, 1970.

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PUBLIC LAW 91-358-JULY 29, 1970

473

Public Law 91-358 AN ACT To reorganize the courts of the District of Columbia, to revise the procedures for handling juveniles in the District of Columbia, to codify title 23 of the District of Columbia Code, and for other purposes.

July 29, 1970 [S. 260i]

Be it enacted by the Senate and House of Representatives of the District United States of Amerioa in Congress assembled, That this Act may Columbia of^^^^^ ^^^^_Court be 6ited as the "District of Columbia Court Eeform and Criminal Reform Tnd'cHm Procedure Act of 1970". ^"^1?°^^^"* Act of 1970.

TABLE OF CONTENTS TITLE I—REORGANIZATION OF DISTRICT OF COLUMBIA COURTS Sec. 101. Short title. PART A—REVISION OF TITLE 11 OF THE DISTRICT OF COLUMBIA CODE

Sec. 111. Revision of title 11. PART B—PROCEEDINGS REGARDING JUVENILE DELINQUENCY AND RELATED MATTERS

Sec. 121. Revision of chapter 23 of title 16. PART C—INTRAFAMILY OFFENSES; JURISDICTION AND PROCESS OUTSIDE THE DISTRICT OF COLUMBIA; COMPETENCY OF WITNESSES

Sec. 131. Intrafamily offenses. Sec. 132. Jurisdiction and process outside the District of Columbia. Sec. 133. Competency of witnesses. PART D—CONFORMING AMENDMENTS S U B P A R T X—^AMENDMENTS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TO DISTRICT OF COLUMBIA CODE

141. Amendments to title 12. 142. Amendments to title 13. 143. Amendments to title 14. 144. Amendments to title 15. 14."). Amendments to title 16. 146. Amendments to title 17. 147. Amendments to title 18. 148. Amendments to title 19. 149. Amendments to title 20. 150. Amendments to title 21. 151. Amendments to title 28. SUBPART 2 — AMENDMENTS TO OTHER LAWS

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

155. Redesignation of courts. 156. Amendments redesignating District of Columbia Tax Court. 157. Miscellaneous amendments relating to transfers of jurisdiction. 158. Amendments reflecting transfer of probate jurisdiction. 159. Amendments relating to the jurisdiction of the Family Division. 160. Amendments relating-to the Chief Medical Examiner. 161. Amendments relating to the revenue laws of the District of Columbia, 162. Amendments to the District of Columbia Administrative Procedure Act. 163. Additional amendments relating to administrative procedure. 164. Amendments relatiijg to review of administrative actions regarding occupations and professions. 165. Amendments relating to enforcement of support. 166. Amendments relating to the condemnation of land. 167. Amendments relating to landlord-tenant actions. 168. Amendments relating to actions by and against certain businesses. 169. Amendments relating to illegal action by corporations. 170. Amendment relating to hospitalization of addicts. 171. Amendment relating to transfer of prisoners. 172. Amendments to the United States Code. 173. Amendments relating to the District of Columbia's share of expenses of the Federal courts.

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

TABLE OF CONTENTS—Continued PART E—TEANSITION PROVISIONS; APPOINTMENT OF ADDITIONAL JUDGES; AND EFFECTIVE DATE

Sec. Sec. Sec. Sec. Sec.

Sec. Sec.

191. Existing records, files, property, and funds. 192. Existing personnel. 193. Retirement of certain District of Columbia judges. 194. Continuation of service of judges of District of Columbia courts. 195. Appointment of additional judges and executive ofQcer of District of Columbia courts. 196. Temporary administration of Juvenile Court of the District of Columbia and assignment of judges to that court. 197. Assignment of United States judges to Superior Court during transition period. 198. References to abolished agencies and oflElces. 199. Effective date.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

TITLE II—CRIMINAL LAW AND PROCEDURE 201. Sentencing of multiple offenders. 202. Conspiracy. 203. Breaking and entering vending machines and similar devices. 204. Penalty for rape. 205. Committing crime of violence vrhile armed. 206. Resisting arrest. 207. Insane criminals. 208. Narcotic drugs. 209. Explosive devices. 210. Codification of title 23 of District of Columbia Code. 211. Conforming amendments.

Sec. Sec.

Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec.

301. 302. 303. 304. 305. 306. 307. 308. 309.

TITLE III—PUBLIC DEFENDER SERVICE Redesignation of Legal Aid Agency as Public Defender Service. Authority of Service. Board of Trustees of Service. Director and Deputy Director of Service. Staff. Fiscal reports. Appropriations, grants, and contributions. Transition provision. Repeal.

401. 402. 403. 404. 405. 406.

TITLE IV—INTERSTATE COMPACT ON JUVENILES Findings and purpose. Authority to enter into compact. Compact administrator. Enforcement. Construction of compact. Congressional authority.

TITLE V—LEGAL ASSISTANCE FOR OFFICERS OR MEMBERS OF THE METROPOLITAN POLICE DEPARTMENT IN ACTIONS FOR WRONGFUL ARREST Sec. 501. Legal assistance for police officers in vprongful arrest actions. Sec. 502. Effective date. TITLE VI—ABOLITION OF COMMISSION ON REVISION OF THE CRIMINAL LAWS OF THE DISTRICT OF COLUMBIA Sec. 601. Abolition of Commission.

TITLE VII—FEDERAL PAYMENT AUTHORIZATION Sec. 701. Federal payment authorization. TITLE VIII—MISCELLANEOUS Sec. 801. Police mutual aid. Sec. 802. Repeal of kite-flying prohibition. TITLE IX—EFFECTIVE DATE Sec. 901. Effective date.

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475

TITLE I—REORGANIZATION OF DISTRICT O F COLUMBIA COURTS SHORT TITLE

SEC. 101. This title may be cited as the "District of Columbia Court. citation of Reorganization Act of 1970". PART A—REVISION OF TITI.E 11 OF THE DISTRICT OF COLUMBIA CODE REVISION OF TITLE 1 1

SEC. 111. Title 11 of the District of Columbia Code is amended to lJ^'^'-^^\, „,, D.C. Code 11.. read as follows: loi to 11-2314. 'TITLE 11.—ORGANIZATION A N D JURISDICTION OF THE COURTS "Chap.

Sec.

"1. General Provisions "3. United States Court of Appeals for the District of Columbia Circuit "5. United States District Court for the District of Columbia "7. District of Columbia Court of Appeals "9. Superior Court of the District of Columbia "11. Family Division of the Superior Court "12. Tax Division of the Superior Court "13. Small Claims and Conciliation Branch of the Superior Court "15. Judgrs of the District of Columbia Courts "17. Administration of District of Columbia Courts "19. Juries and Jurors "21. Register of Wills "23. Medical Examiner "25. Attorneys

11-101 11-301 11-501 11-701 11-901 11-1101 11-1201 11-1301 11-1501 11-1701 11-1901 11-2101 11-2301 11-2501

"Chapter 1.—GENERAL PROVISIONS "Sec. "11-101. Judicial power. "11-102. Status of District of Columbia Court of Appeals.

"§ 11-101. Judicial power "The judicial power in the District of Columbia is vested in the following courts: "(1) The following Federal Courts established pursuant to article III of the Constitution: " (A) The Supreme Court of the United States. " (B) The United States Court of Appeals for the District of Columbia Circuit. " (C) The United States District Court for the District of Columbia. "(2) The following District of Columbia courts established pursuant to article I of the Constitution: " (A) The District of Columbia Court of Appeals. " (B) The Superior Court of the District of Columbia. "§ 11-102. Status of District of Columbia Court of Appeals "The highest court of the District of Columbia is the District of Columbia Court of Appeals. Final judgments and decrees of the District of Columbia Court of Appeals are reviewable by the Supreme Court of the United States in accordance with section 12.57 of title 28, United States Code.

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"Chapter 3.—UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT "Sec. "11-301. Jurisdiction of appeals from the District of Columbia Court of Appeals.

"§ 11-301. Jurisdiction of appeals from the District of Columbia Court of Appeals " I n addition to its jurisdiction as a United States court of appeals and any other jurisdiction conferred on it by law, the United States Court of Appeals for the District of Columbia Circuit has jurisdiction of appeals from judgments of the District of Columbia Court of Appeals— "(1) with respect to violations of criminal laws of the United States which are not applicable exclusively to the District of Columbia if a petition for the allowance of an appeal from that judgment is filed within ten days after iis entry; or "(2) entered before the effective date of the District of Columbia Court Keorganization Act of 1970 in any other case if a petition for the allowance of an appeal from that judgment is filed within ten days after its entry. "Chapter 5.—UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA "SUBCHAPTER

I.—JURISDICTION

"Sec.

"11-501. Civil jurisdiction. "11-502. Criminal jurisdiction. "11-503. Removal of cases from the Superior Court of the District of Columbia. " SUBCHAPTER II.

AUDITOR

"11-521. Appointment of Auditor.

"SUBCHAPTER I.—JURISDICTION "§11-501. Civil jurisdiction "In addition to its jurisdiction as a Ignited States district court and any other jurisdiction conferred on it by law, the United States District Court for the District of Columbia has jurisdiction of the following: "(1) Any civil action or other matter begun in the court before the effective date of the District of Columbia Court Reorganization Act of 1970 other than any matter over which the Superior Court of the District of Columbia takes jurisdiction under section 11-921 (a)(4) (G)orll-921(a)(5)(B). "(2) During the eighteen-month period beginning on such effective date, any civil action or other matter which is brought under— 79 Stat. 744. «(A) chapter 3 of title 21 (relating to gifts to minors); sorfo 2°-tliV' " (B) chapter 5 of title 21 (relating to hospitalization of the D.c. code2imentally ill); 501 to 21-591 " (C) chapter 7 of title 21 (relating to property of the mentally D.C. Code 21701 to 21-706. ill); D.C. Code 2 1 " (D) chapter 11 of title 21 (relating to commitment and main1101 to 21-1123. tenance of substantially retarded persons); D.C, Code 2 1 " (E) chapter 13 of title 21 (relating to appointment of com1301 to 21-1304, mittees for alcoholics and addicts); or 1 oi^to^riso?" "^^^ chapter 15 of title 21 (relating to appointment of con^^ *° ' servators). "(3) During the thirty-month period beginning on such effective date, any civil action or other matter—

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" (A) which is brought under chapter 29 of title 16 (relating D^^'code^ieto partition and assignment of dower); 2901 to 16-2925. " (B) which would have been within the jurisdiction of the Orphans Court of Washington County, District of Columbia, before June 21, 1870; " (C) relating to the execution or validity of wills devising real property within the District of Columbia, and of wills and testaments properly presented for probate in the United States District Court for the District of Columbia, and the admission to probate and recording of those wills; " (D) relating to the proof of wills of either personal or real property and the revocation of probate of wills for cause; " (E) involving the granting and revocation for cause of letters testamentary, letters of administration, letters ad colligendum and letters of guardianship, and the appointment of successors to persons whose letters have been revoked. " (F) involving the hearing, examination, and issuance of decrees upon accounts, claims, and demands existing between executors or administrators and legatees or persons entitled to a distributive share of an intestate estate, or between wards and their guardians; " (G) involving the enforcement of the rendition of inventories and accounts by executors, administrators, collectors, guardians, and trustees required to account to the court, " (H) involving the enforcement of distribution of estates by executors and administrators and the payment or delivery by guardians of money or property belonging to their wards; or " (I) otherwise within the probate jurisdiction of the court on the day before such effective date. "(4) Any civil action (other than a matter over which the Superior Court of the District of Columbia has jurisdiction under paragraph (3) or (4) of section 11-921 (a)) begun in the court during the thirtymonth period beginning on such effective date wherein the amount in controversy exceeds $50,000. "§ 11-502. Criminal jurisdiction "In addition to its jurisdiction as a United States district court and any other jurisdiction conferred on it by law, the United States District Court for the District of Columbia has jurisdiction of the following: "(1) Any criminal case begun in the court by the return of an indictment or the filing of an information before the effective date of the District of Columbia Court Reorganization Act of 1970. "(2) Any criminal case which is begun in the court by the return of an indictment or the filing of an information during the eighteenmonth period beginning on such effective date and which— " (A) involves a violation of any one of the following sections of the Act entitled 'An Act to establish a code of law for the District of Columbia', approved March 3, 1901: " (i) section 809 (D.C. Code, sec. 22-201) (relating to 67 Stat. 93. abortion), "(ii) section 803 (D.C. Code, sec. 22-501) (relating to 3i Stat. 1321. assault with intent to kill, rob, rape, or poison), "(iii) section 823(a) (D.C. Code, sec. 22-1801 (a)) (relat- si Stat. 735. ing to burglarv in the first degree), "(iv) section 812 (D.C. Code, sec. 22-2101) (relating to 47 Stat. sss. kidnaping), " (v) sections 798 through 802 (D.C. Code, sees, 22-2401 through 22-2405) (relating to murder and manslaughter), 3iJtft^\"32Y' 76 s t a t. 46.

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Post, p. 600. 31 Stat. 1322.

Post,

p. 591.

[84 STAT.

"(vi) section 808 (D.C. Code, sec. 22-2801) (relating to rape), "(yjj) gection 810 (D.C. Code, sec. 22-2901) (relating to robbery); or " (B) involves any other oifense under any law applicable exclusively to the District of Columbia which offense is joined in such information or indictment with any of the offenses listed in subparagraph (A). "(3) Any offense under any law applicable exclusively to the District of Columbia which offense is joined in the same information or indictment with any Federal offense. "§ 11-503. Removal of cases from the Superior Court of the District of Columbia "A civil action or criminal prosecution in the Superior Court of the District of Columbia is removable to the United States District Court for the District of Columbia in accordance with chapter 89 of title 28, United States Code. "SUBCHAPTER II.—AUDITOR "§ 11-521. Appointment of Auditor "For so long as the business of the court may require, the United States District Court for the District of Columbia may appoint an Auditor for the court. "Chapter 7.—DISTRICT OF COLUMBIA COURT OF APPEALS "Sec,

"SUBCHAPTER I. — C O N T I N U A T I O N A N D OBQANIZATION

"11-701. Continuation of court; court of record; seal. "11-702. Composition. "11-703. Judges; service; compensation. "11-704. Oath of judges. "11-705. Assignment of judges; divisions; hearings. "11-706. Absence, disability, or disqualification of judges; vacancies; quorum. "11-707. Assignment of judges to and from Superior Court. "11-708. Clerks and secretaries for judges. "11-700. Reports. "SUBCHAPTER II. — JURISDICTION

"11-721. Orders and judgments of the Superior Court. "11-722. Administrative orders and decisions. "SUBCHAPTER n i. — M I S C E L L A N E O U S PROVISIONS

"11-741. Contempt powers. "11-742. Oaths, affirmations, and acknowledgements. "11-743. Rules of court. " SUBCHAPTER I.—CONTINUATION A N D ORGANIZATION "§ 11-701. Continuation of court; court of record; seal " (a) The District of Columbia Court of Appeals (hereafter in this subchapter referred to as the 'court') shall continue as a court of record in the District of Columbia. "(b) The court shall have a seal. "§11-702. Composition "The court shall consist of a chief judge and eight associate judges.

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PUBLIC LAW 91-358-JULY 29, 1970

"§ 11-703. Judges; service; compensation " (a) The chief judge and the judges of the court shall serve in accordance with chapter 1,5 of this title. "(b) Judges of the court shall be compensated at 90 per centum of the rate prescribed by law for judges of the United States courts of appeals. The chief judge, during his service in that position, shall receive an additional $500 per annum. "§ 11-704. Oath of judges "Each judge, when appointed, shall take the oath prescribed for judges of courts of the United States. "§11-705. Assignment of judges; divisions; hearings " (a) Judges of the court shall sit on the court and its divisions in such order and at such times as the court directs. "(b) Cases and controversies shall be heard and determined by divisions of the court unless a hearing or rehearing before the court in banc is ordered. Each division of the court shall consist of three judges. "(c) A hearing before the court in banc may be ordered by a majority of the judges of the court in regular active service. The court in banc for a hearing shall consist of the judges of the court in regular active service. " (d) A rehearing before the court in banc may be ordered by a majority of the judges of the court in regular active service. The court in banc for a rehearing shall consist of the judges of the court in regular active service, except that a retired judge may sit as a judge of the court in banc in the rehearing of a case or controversy if he sat on the court or a division of the court at the original hearing thereof. "§ 11-706. Absence, disability, or disqualification of judges; vacancies; quorum "(a) When the chief judge of the court is absent or disabled, his duties shall devolve upon and be performed by such associate judge as the chief judge may designate in writing. In the event that the chief judge is (1) disqualified or suspended, or (2) unable or fails to make such a designation, his duties shall devolve upon and be performed by the associate judges of the court according to the seniority of their original commissions. "(b) A chief judge whose term as chief judge has expired shall continue to serve until redesignated or until his successor has been designated. When there is a vacancy in the position of chief judge, the position shall be filled temporarily as provided in subsection (a). "(c) Two judges shall constitute a quorum of a division of the court, and six judges shall constitute a quorum of the court sitting in banc. "§ 11-707. Assignment of judges to and from Superior Court " (a) The chief judge of the District of Columbia Court of Appeals may designate and assign temporarily one or more judges of the Superior Court of the District of Columbia to serve on the District of Columbia Court of Appeals or a division thereof whenever the business of the District of Columbia Court of Appeals so requires. Such designations or assignments shall be in conformity with the rules or orders of the District of Columbia Court of Appeals. "(b) Upon presentation of a certificate of necessity by the chief judge of the Superior Court of the District of Columbia, the chief judge of the District of Columbia Court of Appeals may designate

479

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[84 STAT.

and assign temporarily one or more judges of the District of Columbia Court of Appeals to serve as a judge of the Superior Court of the District of Columbia. "§ 11-708. Clerks and secretaries for judges "Each judge may appoint and remove a personal secretary. The chief judg;e may appomt and remove two personal law clerks, and each associate judge may appoint and remove a personal law clerk. In addition, the chief judge may appoint and remove not more than three law clerks for the court. The law clerks appointed for the court shall serve as directed by the chief judge. "Each judge shall submit to the chief judge such reports and data as the chief judge may request. Each judge shall submit a monthly written report to the chief judge and the Commission on Judicial Disabilities and Tenure which shall be in a form prescribed by the chief judge after consultation with the Commission and which shall set forth the following: "(1) The number of days' attendance in court of the judge during the month covered. "(2) The division of the court which he attended. "(3) The number of hours per day of his attendance. " (4) The number and type of matters disposed of by the judge during the month covered. "(5) Such other data as the chief judge may require. I
 * •§ 11-709. Reports

^^post, pp. 606,

"SUBCHAPTER IL—JURISDICTION "§ 11-721. Orders and judgments of the Superior Court " (a) The District of Columbia Court of Appeals has jurisdiction of appeals from— " ( 1 ^ all final orders and judgments of the Superior Court of the District of Columbia; "(2) interlocutory orders of the Superior Court of the District of Columbia— " (A) granting, continuing, modifying, refusing, or dissolving or refusing to dissolve or modify injunctions; " (B) appointing receivers, guardians, or conservators or refusing to wind up receiverships, guardianships, or the administration of conservators or to take steps to accomplish the purposes thereof; or " (C) changing or affecting the possession of property; and "(3) orders or rulings of the Superior Court of the District of Columbia appealed by the United States or the District of Columbia pursuant to section 23-104 or 23-111 (d)(2). "(b) Except as provided in subsection (c) of this section, a party aggrieved by an order or judgment specified in subsection (a) of this section, may appeal therefrom as of right to the District of Columbia Court of Appeals. "(c) Review of judgments of the Small Claims and Conciliation Branch of the Superior Court of the District of Columbia and of judgments in the Criminal Division of that court where the penalty imposed is a fine of less than $50 for an offense punishable by imprisonment of one year or less, or by fine of not more than $1,000, or both, shall be by application for the allowance of an appeal, filed in the District of Columbia Court of Appeals.

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" (d) When a judge of the Superior Court of the District of Columbia in making in a civil case (other than a case in which a child, as defined in section 16-2301, is alleged to be delinquent, neglected, or ^°«'' P- ^^a. in need of supervision) a ruling or order not otherwise appealable under this section, shall be of the opinion that the ruling or order involves a controlling question of law as to which there is substantial ground for a difference of opinion and that an immediate appeal from the ruling or order may materially advance the ultimate termination of the litigation or case, he shall so state in writing in the ruling or order. The District of Columbia Court of Appeals may thereupon, in its discretion, permit an appeal to be taken from that ruling or order, if application is made to it within ten days after the issuance or entry of the ruling or order. An application for an appeal under this subsection shall not stay proceedings in the Superior Court of the District of Columbia unless the judge of that court who made such ruling or order or the District of Columbia Court of Appeals or a judge thereof shall so order. "(e) On the hearing of any appeal in any case, the District of Columbia Court of Appeals shall give judgment after an examination of the record without regard to errors or defects which do not affect the substantial rights of the parties. "§ 11-722. Administrative orders and decisions "The District of Columbia Court of Appeals has jurisdiction (1) except as provided in clause (2), to review orders and decisions of the Commissioner of the District of Columbia, the District of Columbia Council, any agency of the District of Columbia (including the Board of Zoning Adjustment of the District of Columbia and the Zoning Commission of the District of Columbia), and the District of Columbia Redevelopment Land Agency, in accordance with the District of Columbia Administrative Procedure Act (D.C. Code, secs. 1-1501— 1-1510); and (2) to review orders and decisions of the Public Service 82 Stat. 1203; Commission of the District of Columbia in accord^.nce with section g °^ ' ^" of the Act of March 4, 1913 (D.C. Code, chapters 1 through 10, title 43).

37 Stat. 974.

"SUBCHAPTER III.—MISCELLANEOUS PROVISIONS "§ 11-741. Contempt powers "In addition to the powers conferred by section 402 of title 18, United States Code, the District of Columbia Court of Appeals, or a ^2 Stat. 701, judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court. "§11-742. Oaths, affirmations, and acknowledgments "Each judge of the District of Columbia Court of Appeals and each employee of the court authorized by the chief judge may administer oaths and affirmations and take acknowledgments. "§11-743. Rules of court "The District of Columbia Court of Appeals shall conduct its business according to the Federal Rules of Appellate Procedure unless the 28 USC app. court prescribes or adoj^ts modifications of those Rules.

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"Chapter 9.—SUPERIOR COURT OF THE DISTRICT OF COLUMBIA • ' SUBCHAPTER I.—CONTINUATION A N D ORGANIZATION "Sec.

"11-901. Continuation of courts; court of record; seal. "11-902. Organization of the court. "11-903. Composition. "11-904. Judges; service; compensation. "11-905. Oath of judges. "11-906. Administration by chief judge; discharge of duties. "11-907. Absence, disability, or disqualification of chief.judge. "11-908. Designation and assignment of judges. "11-909. Meetings and reports. "11-910. Clerks and secretaries for judges. "SUBCHAPTER II.

JURISDICTION

"11-921. Civil jurisdiction. "11-922. Transfer of civil actions to Superior Court. "11-923. Criminal jurisdiction; commitment. "SUBCHAPTER III.

"11-941. "11-942. "11-943. "11-944. "11-945. "11-946.

MISCELLANEOUS PROVISIONS

Issuance of warrants; record. Subpenas. Process. Contempt povi'er. Oaths, affirmations, and acknowledgments. Rules of court.

" SUBCHAPTER I.—CONTINUATION AND ORGANIZATION "§ 11-901. Continuation of courts; court of record; seal "The District of Columbia Court of General Sessions, the Juvenile Court of the District of Columbia, and the District of Columbia Tax Court are consolidated in a single court to be known as the Superior Court of the District of Columbia (hereafter in this title referred to as the 'Superior Court'). The Superior Court shall be a court of record in the District of Columbia and shall have a single seal. "The Superior Court shall consist of the following divisions: Civil Division, Criminal Division, Family Division, Probate Division, and Tax Division. The divisions of the Superior Court may be divided into such branches as the Superior Court may by rule prescribe. "§11-903. Composition "The Superior Court shall consist of a chief judge and forty-three associate judges (seven of whom shall not be appointed until twelve months after the effective date of the District of Columbia Court Reorganization Act of 1970). "§ 11-904. Judges; service; compensation " (a) The chief judge and the judges of the Superior Court shall serve as provided in chapter 15 of this title. "(b) Judges of the Superior Court shall be compensated at 90 per centum of the rate prescribed by law for judges of United States district courts. The chief judge, during his service in that position, shall receive an additional $500 per annum. "§11-905. Oath of judges "Each judge of the Superior Court, when appointed shall take the oath prescribed for judges of courts of the United States.
 * '§ 11-902. Organization of the court

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"§ 11-906. Administration by chief judge; discharge of duties " (a) The chief judge shall administer and superintend the business of the Superior Court, as provided in chapter 17 of this title. He ^°«'' P- SOS. shall give his attention to the discharge of the duties especially jpertaining to his office and to the performance of such additional judicial work as he is able to perform. " (b) He shall, insofar as is consistent with this title, arrange and divide the business of the Superior Court and fix the time of sessions of the various divisions and branches of the Superior Court. " (a) When the chief judge of the court is absent or disabled, his duties shall devolve upon and be performed by such associate judge as the chief judge may designate in writing. In the event that the chief judge is (1) disqualified or suspended, or (2) unable or fails to make such a designation, his duties shall devolve upon and be performed by the associate judges of the court according to the seniority of their original commissions. " (b) A chief judge whose term as chief judge has expired shall continue to serve until redesignated or until his successor has been designated. When there is a vacancy in the position of chief judge, the position shall be filled temporarily as provided in subsection (a). "*§ 11-908. Designation and assignment of judges " (a) The chief judge may designate the number of judges to serve in any division and branch of the Superior Court and may assign and I'eassign any judge to sit in any division or branch, l ^ e n making assignments to the Family Division and Tax Division, the chief judge shall consider the qualifications and interest of the judges. Each associate judge shall attend and serve in the division and branch to which he is assigned. " (b) When the business of the Superior Court requires, the chief judge may certify to the chief judge of the District of Columbia Court of Appeals the need for temporary assignment of an additional judge or judges as provided in section 11-707. "(c) Upon presentation of a certificate of necessity by the chief judge of the Superior Court, the chief jud^e of the United States Court of Appeals for the District of Columbia Circuit may designate and assign temporarily a judge or judges as provided in subsection (c) of section 292 of title 28, United States Code. ^°«'' P- SSL "§ 11-909. Meetings and reports " (a) The judges of the Superior Court shall meet upon the call of the chief judge, but not less than once each month, to consider matters relating to the business and operations of the court. The court may by rule require additional meetings. "(b) Each associate judge shall submit to the chief judge such reports and data as the chief judge may request. Each judge shall submit a nionthly written report to the chief judge and the Commission on Judicial Disabilities and Tenure which shall be in a form prescribed by the chief judge after consultation with the Commission and which shall set forth the duties performed by the reporting judge as follows: "(1) The number of days' attendance in court of the judge during the month covered. "(2) The division and branch (if any) of the court which he attended. "(3) The number of hours per day of his attendance. "(4) The numter and type of matters disposed of by the judge during the month covered. "(5) Such other data as the chief judge may require.
 * '§ 11-907. Absence, disability, or disqualification of chief judge

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[84 STAT.

"§ 11-910. Clerks and secretaries for j u ^ e s "Each judge of the Superior Court may appoint and remove a personal law clerk and a personal secretary. "SUBCHAPTER II.—JURISDICTION

D!c.'c;de^i61101. Dx!'co/e^?61311, 16-1331." D°c!'codt^i6. 1901." D.c. Code 16"D!C. Code 163301. Post, p. 562. D°c''codl^i63701.' 70 Stat. 609. 82 Stat. 628.

Post,

p. 522.

79 Stat. 744. D.C. Code 21-

3ol!" '' ^^D.c. Code 21D!C. Code 21-

701 D.C. Code 21 1101.

"§ 11-921. Civil jurisdiction " (a) Except as provided in subsection (b), the Superior Court has jurisdiction of any civil action or other matter (at law or in equity) brought in the District of Columbia. Such jurisdiction shall vest in the court as follows: "(1) Beginning on the effective date of the District of Columbia Court Reorganization Act of 1970, the court has jurisdiction of any civil action or other matter begun before such effective date in the District of Columbia Court of General Sessions, the Juvenile Court of the District of Columbia, or the District of Columbia Tax Court. "(2) Beginning on such effective date, the court has jurisdiction of any civil action or other matter, at law or in equity, which is begun in the Superior Court on or after such effective date and in which the amount in controversy does not exceed $50,000. "(3) Beginning on such effective date, the court has jurisdiction (regardless of the amount in controversy) of any civil action or other matter, at law or in equity, which— " (A) is brought under— " (i) subchapter I of chapter 11 of title 16 (relating to ejectment); "(^^) subchapter II or III of chapter 13 of title 16 (relating to the condemnation of land on behalf of the District of Columbia); "(iii) chapter 19 of title 16 (relating to writs of habeas corpus directed to persons other than Federal officers and employees); "(iv) chapter 25 of title 16 (relating to change of n a m e); "(v) chapter 33 of title 16 (relating to quieting title to real property); u^^j^ subchapter II of chapter 35 of title 16 (relating to writ of quo warranto); "(vii) chapter 37 of title 16 (relating to replevin of personal property); "(viii) the Hospital Treatment for Drug Addicts Act for the District of Columbia (D.C. Code, secs. 24-601 through 24-611) (relating to commitment of narcotics users); or "(ix) section 2 of the Act of August 3, 1968 (D.C. Code, sec. 1-804(b)) (relating to contractors bonds). " (B) involves an appeal from or petition for review of any assessment of tax (or civil penalty thereon) made by the District of Columbia; or " (C) is brought under chapter 23 of title 16. "(4) Immediately following the expiration of the eighteen-month period beginning on such effective date, the court has jurisdiction (regardless of the amount in controversy) of any civil action or other matter, at law or in equity, brought under— " (A) chapter 3 of title 21 (relating to gifts to minors); " (B) chapter 5 of title 21 (relating to hospitalization of the mentally i l l); " (C) chapter 7 of title 21 (relating to property of the mentally ill); " (D) chapter 11 of title 21 (relating to commitment and maintenance of substantially retarded persons);

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4S5

" (E) chapter 13 of title 21 (relating to appointment of com- l^J'^^-J^^i^. mittees for alcoholics and addicts); i3oi D.C. Code 21" (F) chapter 15 of title 21 (relating to appointment of con- 1501. servators); or D.C. Code 21" (G) chapter 3, 7, 11, 13, or 15 of title 21 in the United States 301 to 21-1301. District Court for the District of Columbia and not completed in that court before the expiration of such eighteen-month period. "(5) Immediately following the expiration of the thirty-month l)eriod beginning on such effective date, the court has jurisdiction (regardless of the amount in controversy)— " (A) of any matter (at law or in equity)— Post, p. 5 6 1. "(i) brought under chapter 29 of title 16 (relating to partition of property and assignment of dower); "(ii) which would have been within the jurisdiction of the Orphans Court of Washington County, District of Columbia, before June 21, 1870; " (iii) relating to the execution or validity of wills devising real property within the District of Columbia, and of wills and testaments properly presented for probate in the court, and the admission to probate and recording of those wills; "(iv) relating to the proof of wills of either personal or real property and the revocation of probate of wills for cause; "(v) involving the granting and revocation for cause of letters testamentary, letters of administration, letters ad colligendum and letters of guardianship, and the appointment of successors to persons whose letters have been revoked; "(vi) involving the hearing, examination, and issuance of decrees upon accounts, claims, and demands existing between executors or administrators and legatees or persons entitled to a distributive share of an intestate estate, or between wards and their guardians; "(vii) involving the enforcement of the rendition of inventories and accounts by executors, administrators, collectors, guardians, and trustees required to account to the court; " (viii) involving the enforcement of distribution of estates by executors and administrators and the payment or delivery by guardians of money or property belonging to their wards; or "(ix) otherwise within the probate jurisdiction of the United States District Court for the District of Columbia on the day before such effective date; and " (B) any matter (at law or in equity) described in subparagraph (A) which was begun in the United States District Court for the District of Columbia and not completed in that court before the expiration of such thirty-month period. "(6) Immediately following the expiration of the thirty-month period beginning on such effective date, the court has jurisdiction (regardless of the amount in controversy) of any civil action or other matter, at law or in equity, brought in die District of Columbia. "(b) The Superior Court does not have jurisdiction over any civil action or other matter (1) over which exclusive jurisdiction is vested in a Federal court in the District of Columbia, or (2) over which jurisdiction is vested in the United States District Court for the District of Columbia under section 11-501 (relating to civil actions or ^"'e, p. 476 other matters begun in such court before the expiration of the thirtymon<^h period beginning on the effective date of the District of Columbia Court Reorganization Act of 1970).

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Ante, p. 477.

Post, p. 639.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

"§ 11-922. Transfer of civil actions to Superior Court " (a) In a civil action begun in the United States District Court for the District of Columbia before the effective date of the District of Columbia Court Reorganization Act of 1970 (other than an action for equitable relief), where it appears to the satisfaction of the court at or subsequent to any pretrial hearing but before trial thereof that the action will not justify a judgment in excess of $10,000 and does not otherwise invoke the jurisdiction of the court, the court may certify the action to the Superior Court for trial. "(b) I n a civil action begun in the United States District Court for the District of Columbia during the thirty-month period beginning on the effective date of the District of Columbia Court Reorganization Act of 1970, the court may certify the action to the Superior Court if it appears to the satisfaction of the United States District Court at or subsequent to any pretrial hearing, but before the trial thereof, that— "(1) the action will not justify a judgment in excess of $50,000; and "(2) the action does not otherwise invoke the jurisdiction of the court. "(c) When an action is transferred under this section, the pleadings in the action, together with a copy of the docket entries and copies of any orders entered therein, and the deposit for costs, shall be sent to the Superior Court. The Superior Court shall thereafter treat the case as though it had been filed originally in that court, except that the jurisdiction of the court shall extend to the amount claimed in the action even though it exceeds the applicable jurisdictional limitation. "§ 11-923. Criminal jurisdiction; commitment " (a) The Superior Court has jurisdiction over all criminal cases pending in the District of Columbia Court of General Sessions before the effective date of the District of Columbia Court Reorganization Act of 1970. "(b)(1) Except as provided in paragraph (2), the Superior Court has jurisdiction of any criminal case under any law applicable exclusively to the District of Columbia. "(2) The Superior Court shall not have jurisdiction of any criminal case under any law applicable exclusively to the District of Columbia begun in the United States District Court for the District of Columbla Under section 11-502(2) by the return of an indictment or the filing of an information during the eighteen-month period beginning on such effective date. "(c)(1) With respect to any criminal case over which the Superior Court has jurisdiction, that court may make preliminary examinations and commit offenders, either for trial or for further examination, and may release or detain offenders in accordance with chapter 13 of title 23. _

" (2) With respect to any criminal case over which the United States District Court for the District of Columbia has jurisdiction, the Superior Court (A) may make preliminary examinations and commit offenders, either for trial or for further examination, but only during the eighteen-month period beginning on the effective date of the District of Columbia Court Reorganization Act of 1970, and (R) may release or detain offenders in accordance with chapter 13 of title 23.

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"SUBCHAPTER III.—MISCELLAXEOUS PROVISIONS "§ 11-941. Issuance of warrants; record "Subject to title 23, judges of the Superior Court may, at any time, ^°«'' P- 604. including Sundays and legal holidays, on complaint or application under oath or actual view, issue warrants for arrest, search or seizure, or electronic surveillance in connection with crimes and offenses committed within the District of Cohimbia, or for administrative inspections in connection with laws relating to the public health, safety, and welfare. Each proceeding respecting a warrant shall be recorded as prescribed by the court. Warrants shall be issued free of charge. "§ 11-942. Subpenas " (a) The Superior Court may compel the attendance of witnesses by attachment. At the request of any party, subpenas for attendance at a hearing or trial in the Superior Court shall be issued by the clerk of court. A subpena may be served at any place within the District of Columbia, or at any place without the District of Columbia that is within twenty-five miles of the place of the hearing or trial specified in the subpena. The form, issuance, and manner of service of the subpena shall be as prescribed by the rule of the court. "(b) A subpena in a criminal case in which a felony is charged may be served at any place within the United States upon order of a judge of the court. "(a) All process other than a subpena may be served at any place witlrn the District of Columbia, and, when authorized by statute or by the Federal Rules of Civil Procedure, at any place without the ^^ ^^^ ^PPDistrict of Columbia. "(b) Service upon a third-party defendant, upon a person whose joinder is needed for just adjudication, and upon persons required to respond to any order of commitment for civil contempt may be served at all places outside the District of Columbia that are not more than one hundred miles from the place of hearing or trial specified. "(c) The form, issuance, and manner of service of process shall be prescribed by rule of the court. "§11-944. Contempt power "In addition to the powers conferred by section 402 of title 18, United States Code, the Superior Court, or a judge thereof, may pun- ^2 Stat. 701. isli for disobedience of an order or for contempt committed in the presence of the court. "§ 11-945. Oaths, affirmations, and acknowledgments "Each judge and each employee of the Superior Court authorized by the chief judge may administer oaths and affirmations and take acknowledgments. «§ 11-946. Rules of court "The Superior Court shall conduct its business according to the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure (except as otherwise provided in title 23) unless it pre- ^^ "^^ ^PPscribes or adopts rules which modify those Rules. Rules which modify the Federal Rules shall be submitted for the approval of the District of Columbia Court of Appeals, and they shall not take effect until
 * ^§ 11-943. Process

47-348 0 - 7 2 - 3 5 (Pt. 1)

487

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Author:Albert Peter Low

Works

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title: Author:Albert Peter Low


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Page:United States Statutes at Large Volume 84 Part 1.djvu/546

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[84 STAT.

approved by that court. The Superior Court may adopt and enforce other rules as it may deem necessary without the approval of the District of Columbia Court of Ajppeals if such rules do not modify the Federal Eules. The Superior Court may appoint a committee of lawyers to advise it in the performance of its duties under this section. "Chapter 11.—FAMILY DIVISION OF THE SUPERIOR COURT "Sec. "11-1101. Exclusive jurisdiction.

Ante, p. 482.

71 Stat. 285.

Post, p. 546. Post, p. 523. pj^^^tat. 750; D.C. Code'21501, D.C. Code 21^^°^" Post, p. 657.

"§ 11-1101. Exclusive jurisdiction "The Family Division of the Superior Court shall be assigned, in accordance with chapter 9, exclusive jurisdiction of— "(1) actions for divorce from the bond of marriage and legal separation from bed and board, including proceedings incidental thereto for alimony, pendente lite and permanent, and for support and custody of minor children; "(2) applications for revocation of divorce from bed and board; "(3) actions to enforce support of any person as required by law; " (4) actions seeking custody of minor children, including petitions for writs of habeas corpus; " (5) actions to declare marriages void; " (6) actions to declare marriages valid; . " (7) actions for annulments of marriage; • ^ "(8) determinations and adjudications of property rights, both real and personal, in any action referred to in this subsection, irrespective of any jurisdictional limitation imposed on the Superior Court; "(9) proceedings in adoption; "(10) proceedings under the Act of July 10, 1957 (D.C. Code, gecs. 80-301 to 30-^324); " (11) proceedings to determine paternity of any child born out of wedlock; "(12) civil proceedings for protection involving intra family offenses, instituted pursuant to chapter 10 of title 16; "(13) proceedings in which a child, as defined in section 162301, is alleged to be delinquent, neglected, or in need of supervision; "(14) proceedings under chapter 5 of title 21 relating to the Commitment of the mentally ill; "(15) proceedings under chapter 11 of title 21 relating to the Commitment of the substantially retarded; and "(16) proceedings under Interstate Compact on Juveniles (described in title VII of the District of Columbia Court Reform ^^^^ Criminal Procedure Act of 1970). "Chapter 12.—TAX DIVISION OF THE SUPERIOR COURT "Sec. "11-1201. Exclusive jurisdiction. "11-1202. Abolition of other remedies. "11-1203. Rules and regulations.

"§11-1201. Exclusive jurisdiction "The Tax Division of the Superior Court shall be assigned exclusive jurisdiction of— "(1) all appeals from and petitions for review of assessments of tax (and civil i^enalties thereon) made by the District of Columbia: and

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"(2) all proceedings brought by the District of Columbia for the imposition of criminal penalties pursuant to the provisions of the statutes relating to taxes levied by or in behalf of the District of Columbia. "Notwithstanding any other provision of law, the jurisdiction of the Tax Division of the Superior Court to review the validity and amount of all assessments of tax made by the District of Columbia is exclusive. Effective on and after the effective date of the District of C^olumbia Court Reorganization Act of 1970, any common-law remedy with respect to assessments of tax in the District of Columbia and any equitable action to enjoin such assessments available in a court other than the former District of Columbia Tax Court is abolished. Actions properly filed before the effective date of that Act are not aft'ected by this section and the court in which any such action has been filed may retain jurisdiction until its disposition. "§ 11-1203. Rules and regulations "The Superior Court may make such rules and regulations for conducting business in the Tax Division, consistent with the statutes applicable to such business and with the Superior Court's general rules of practice and procedure, as it may deem necessary and proper. Rules and regulations for the Tax Division shall, insofar as possible, assure the prompt disposition of matters before the Tax Division to the end that the taxing statutes of the District of Columbia shall be fairly and efficiently enforced. "Chapter 13.—SMALL CLAIMS A N D CONCILIATION BRANCH OF THE SUPERIOR COURT "SUBCHAPTER I. — C O N T I N U A T I O N AND SESSIONS "Sec.
 * § 11-1202. Abolition of other remedies

•'11-1301. Continuation of Branch. "11-1302. Sessions. "SUBCHAPTER II.

JURISDICTION AND PROCEDtJRES

•"11-1321. Exclusive jurisdiction of small claims. •'11-1322. Arbitration and conciliation. "11-1323. Certification of cases by Superior Court j u d g e s; recertification; certification by Branch.

" SUBCHAPTER I.—CONTINUATION A N D S E S S I O N S "§ 11-1301. Continuation of Branch "The Small Claims and (Conciliation Branch shall continue as a branch of the Civil Division in the Superior Court. "§ 11-1302. Sessions "The Small Claims and Conciliation Branch, with a judge in attendance, shall be open for the transaction of business on every day of the year except S a t u r d a y afternoons, Sundays, and legal holidays, and shall hold at least one evening session during each week, "Sin^C^HAPTER II.—JITRISDK^TION AND PROC^EDURES ''§ 11-1321. Exclusive jurisdiction of small claims "The Small Claims and Conciliation Branch has exclusive jurisdiction of any action within the jurisdiction of the Superior Court which is only for the recovery of money, if the amount in controversy does not exceed $750, exclusive of interest, attorney fees, protest fees, and costs. An action which affects an interest in real property may not

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be brought in the Branch. If a counterclaim, cross claim, or any other claim or any defense, affecting an interest in real property, is made in an action brought in the Branch, the action shall be certified to the Civil Division. "§ 11-1322. Arbitration and conciliation " I n order to effect the speedy settlement of controversies, and with the consent of the parties thereto, the Small Claims and Conciliation Branch may settle cases, irrespective of the amount involved, by the methods of arbitration and conciliation. A judge sitting in the Branch may act as a referee or arbitrator, either alone or in conjunction with other persons, as provided by rule of the court. A judge, officer, or employee of the Superior Court may not accept any fee or compensation in addition to his salary for services performed pursuant to this section. "§ 11-1323. Certification of cases by Superior Court judges; recertification; certification by Branch " (a) When the interests of justice seem to require and all parties consent thereto, a judge of the Superior Court may certify a case to the Small Claims and Conciliation Branch for conciliation or to obtain a complete or partial agreed statement of facts or stipulation, which will simplify and expedite the ultimate trial of the case. With the consent of all parties, the trial of the case may be completed in the Branch. In the absence of consent, the case shall be recertified to another judge of the Civil Division for trial. "(b) When the interests of justice seem to require, the Branch may certify to the Civil Division any action brought in the Branch under section 11-1321. "Chapter 15.—JUDGES OF THE DISTRICT OF COLUMBIA COURTS " SUBCHAPTER I.

"Sec"11-1501. "11-1502. "11-1503. "11-1504. "11-1505.

Appointment and qualifications of judges. Tenure. Designation of chief judge. Service of retired judges. Vacations.

"SUBCHAPTER

"11-1521. "11-1522. "11-1523. "11-1524. "11-1525. "11-1526. "11-1527. "11-1528. "11-1529. "11-1530.

APPOINTMENT; QUALIFICATIONS; SERVICE OF JUDGES

II. — THE DISTRICT OF COLUMBIA COMMISSION DISABILITIES AND TENURE

JUDICIAL

Establishment of Commission. Membership. Terms of office; vacancy; continuation of service by a member. Compensation. Operations; personnel; administrative services. Removal; involuntary retirement; proceedings. Procedures. Privilege; confidentiality. Judicial review. Financial statements. "SUBCHAPTER

"11-1561. "11-1562. "11-1563. "11-1564. "11-1565. "11-1566. "11-1567. "11-1568. "11-1569. "11-1570. "11-1571.

ON

III.

RETIREMENT

Definitions. Eligibility for retirement. Withholding of retirement payments; lump-sum credit. Computation of retirement salary; election to credit other service. Service by retired judges. Survivor annuity; election; relinquishment. Survivor annuity; payments to fund. Survivor annuity; entitlement; computation. Survivor annuity; payment; order of precedence. Retirement and annuity fund. Periodic increases; existing rights.

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"SUBCHAPTER L—APPOINTMENT; QUALIFICATIONS; SERVICE OF JUDGES "§ 11-1501. Appointment and qualifications of judges " (a) The President of the United States shall nominate, and by and with the advice and consent of the Senate, shall appoint all judges of the District of Columbia courts. He shall have power to fill all vacancies that may occur in those courts during a recess of the Senate, by granting commissions which shall expire at the end of the next session of the Senate. "(b) A person may not be appointed a judge of a District of Columbia court unless he— "(1) is a citizen of the United States; "(2)(A) is a member of the bar of the District of Columbia, and (B)(i) has been a member of such bar for a period of at least five years, or (ii) in the case of a professor of law in a law school in the District of Columbia or of an attorney employed in the District of Columbia by the United States or the District of Columbia, has been eligible for membership in the bar of the District of Cohimbia for at least five years prior to his appointment; "(3) has been actively engaged, for at least five of the ten years immediately prior to his appointment, as an attorney in the practice of law in the District of Columbia, as a judge of a District of Columbia court, as a professor of law in a law school in the District of Columbia, or as an attorney employed in the District of Columbia by the United States or the District of Columbia; and "(4) is a bona fide resident of the area consisting of the District of Columbia, Montgomery and Prince George's Counties in Maryland, Arlington and Fairfax Counties and the city of Alexandria in Virginia and has maintained an actual place of abode in such area for at least five years prior to his appointment. During his term of service and for one year after the termination thereof, no member of the District of Columbia Commission on Judicial Disabilities and Tenure shall be eligible for nomination or appointment to a District of Columbia court. «§ 11-1502. Tenure "Subject to mandatory retirement at age 70 and to the provisions of subchapters II and III of this chapter, a judge of a District of Columbia court appointed on or after the date of enactment of the District of Columbia Court Reorganization Act of 1970 shall serve for a term of fifteen years, and upon completion of such term, such judge shall continue to serve until his successor is appointed and qualifies. "§ 11-1503. Designation of Chief Judge " (a) The chief judge of a District of Columbia court shall be designated by the President of the United States from among the judges of the court in regular active service, and shall serve for a term of four years or until his successor is designated. He shall be eligible for redesignation. A judge may relinquish his position as chief judge, after giving notice to the President. " (b) If a chief judge is not redesignated, or relinquishes the office of chief judge, he shall continue as an associate judge. "§ 11-1504. Service of retired judges "A judge, retired for reasons other than disability may perform, upon designation of a chief judge, those judicial duties which he is willing and able to undertake.

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«§ 11-1505. Vacations " (a) Each judge of the District of Columbia courts shall be entitled to an annual vacation of not more than 30 calendar days. Such vacation shall be taken at such time or times as prescribed by the chief judge of the District of Columbia Court of Appeals for judges of that court and by the chief judge of the Superior Court for judges of that court. Time spent by a judge as a member of any conference, committee, or commission established by law shall not be deducted from his vacation period. "(b) In determining when a judge shall take a vacation, and the length thereof, the chief judge exercising authority under this section shall be mindful of the necessity of retaining sufficient judicial manpower in the court under his supervision to permit at all times the prompt and effective disposition of the business of such court. " SUBCHAPTER II. — THE DISTRICT OF C O L U M B I A COMMISSION ON J U D I C I A L D I S A B I L I T I E S AND T E N U R E "§ 11-1521. Establishment of Commission "There shall be a District of Columbia Commission on Judicial Disabilities and Tenure (hereafter in this subchapter referred to as the 'Commission'). The Commission shall have power to suspend, retire, or remove a judge of a District of Columbia court, as provided in this subchapter. " (a) The Commission shall consist of five members appointed as follows: "(1) The President of the United States shall appoint three members of the Commission. Of the members appomted by the President— " (A) at least one member must be a member of the District of Columbia bar who has been actively engaged in the practice of law in the. District of Columbia for at least five of the ten years immediately before his appointment; and " (B) at least two members must be residents of the District of Columbia. "(2) the Commissioner of the District of Columbia shall appoint one member of the Commission. The member appointed by the Commissioner must be a resident of the District of Columbia and not an attorney. "(3) The chief judge of the United States District Court for the District of Columbia shall appoint one member of the Commission. The member appointed by the chief judge shall be an active or retired Federal judge serving in the District of Columbia. The President shall designate as Chairman of the Commission one of his appointees who is a member of the District of Columbia bar who has been actively engaged in the practice of law in the District of Columbia for at least five of the ten years before the member's appointment. "(b) There shall be three alternate members of the Commission, who shall serve as members pursuant to rules adopted by the Commission. The alternate members shall be appointed as follows: "(1) The President shall appoint one alternate member, who shall be a resident of the District of Columbia and a member of the bar of the District of Columbia who has been actively engaged in the practice of law in the District of Columbia for at least five of the ten years immediately before his appointment.
 * § 11-1522. Membership

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"(2) The Commissioner shall appoint one alternate member who shall be a resident of the District of Cohimbia and not an attorney. "(3) The chief judgje of the United States District Court for the District of Columbia shall appoint one alternate member who shall be an active or retired Federal judge serving in the District of Columbia. "(c) No member or alternate member of the Commission shall be a member, officer, or employee of the legislative branch or of an executive or military department of the United States Government (listed in section 101 or 102 of title 5, United States Code); and no member or alternate member (other than a member or alternate member appointed by the chief judge of the United States District Court for the District of Columbia) shall be an officer or employee of the judicial branch of the United States Government. No member or alternate member of the Commission shall be an officer or employee of the District of Columbia government (including its judicial branch). "§ 11-1523. Terms of office; vacancy; continuation of service by a member " (a)(1) Except as provided in paragraph (2), the term of office of members and alternate members of the Commission shall be six years. "(2) Of the members and alternate members first appointed to the Commission— " (A) one member and alternate member appointed by the President shall be appointed for a term of six years, one member appointed by the President shall be appointed for a term of four years, and one such member shall be appointed for a term of two years, as designated by the President at the time of appointment; " (B) the member and alternate member appointed by the chief judge of the United States District Court for the District of Columbia shall be appointed for a term of four years; and " (C) the member and alternate member appointed by the Commissioner of the District of Columbia shall be appointed for a term of two years. "(b) A member or alternate member appointed to fill a vacancy occurring before the expiration of the term of his predecessor shall serve only for the remainder of that term. Any vacancy on the Commission shall be filled in the same manner as the original appointment was made. " (c) If approved by the Commission, a member may serve after the expiration of his term for purposes of participating until conclusion in a matter, relating to the suspension, retirement, or removal of a judge, begun before the expiration of his term. A member's successor may be appointed without regard to the member's continuation in service, but his successor may not participate in the matter for which the member's continuation in service was approved. "§ 11-1524. Compensation "Any member or alternate member who is an active or retired Federal judge or an officer or employee of the United States shall serve without compensation. Other members or alternate members shall receive the daily equivalent of the rate provided for GS-18 of the General Schedule when actually engaged in service for the Commission. "§ 11-1525. Operations; personnel; administrative services " (a) The Commission may make such rules and regulations for its operations as it may deem necessary, and such rules and regulations shall be effective on the date specified by the Commission. The District of Columbia Administrative Procedure Act, (D.C. Code, sees.

493

^o Stat. 378,

'*"'®' ^' ^^^-i*

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[84 STAT.

1-1501 to 1510) shall be applicable to the Commission only as provided by this subsection. For the purposes of the publication of rules and regulations, judicial notice, and the filing and compilation of rules, sections 5, 7', and 8 of that Act (D.C. Code, secs. 1-1504, 1-1506, and 1-1507), insofar as consistent with this subchapter, shall be applicable to the Commission; and for purposes of those sections, the Commission shall be deemed an independent agency as defined in section 3(5) of that Act (D.C. Code, sec. 1-1502). Nothing contained herein shall be construed to require prior public notice and hearings on the subject of rules adopted by the Commission. "(b) The Commission is authorized, without regard to the provisions governing appointment and claEsification of District of Columbia employees, to appoint and fix the compensation of, or to contract for, such officers, assistants, reporters, counsel, and other persons as may be necessary for the performance of its duties. I t is authorized to obtain the services of medical and other experts in accordance with the 80 Stat. 416. provisions of section 8109 of title 5, United States Code, but at rates not to exceed the daily equivalent of the rate provided for ( T S - 1 8 of Ante, p. 198-1. ^j^g General Schedule. "(c) The District of Columbia is authorized to detail, on a reimbursable basis, any of its personnel to assist in carrying out the duties of the Commission. " (d) Financial and administrative services (including those related to budgeting and accounting, financial reporting, personnel, and procurement) shall be provided to the Commission by the District of Columbia, for which payment shall be made in advance, or by reimbursement, from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the District of Columbia government. Regulations of the District of Columbia for the administrative control of funds shall apply to funds appropriated to the Commission. "§ 11-1526. Removal; involuntary retirement; proceedings " (a)(I) A judge of a District of Columbia court shall be removed from office upon the filing in the District of Columbia Court of Appeals by the Commission of an order of removal certifying the entry, in any court within the United States, of a final judgment of conviction of a crime which is punishable as a felony under Federal law or which would be a felon}^ iti the District of Columbia. " (2) A judge of a District of Columbia court shall also be removed from office upon affirmance of an appeal from an order of removal filed in the District of Columbia Court of Appeals by the Commission (or upon expiration of the time within which such an appeal may be taken) after a determination by the Commission of— " (A) willful misconduct in office, " (B) willful and persistent failure to perform judicial duties, or " (C) any other conduct which is prejudicial to the administration of justice or which brings the judicial office into disrepute. " (b) A judge of a District of Columbia court shall be involuntarily retired from office when (1) the Commission determines that the judge suffers from a mental or physical disability (including habitual intemperance) which is or is likely to become permanent and which prevents, or seriously interferes with, the proper performance of his judicial duties, and (2) the Commission files in the District of Columbia Court of Appeals an order of involuntary retirement and the order is affirmed on appeal or the time within which an appeal may be taken from the order has expired.

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" (c)(1) A judge of a District of Columbia court shall be suspended, without salary— " (A) upon— "(i) proof of his conviction of a crime referred to in subsection (a)(1) which has not become final, or "(ii) the filing of an order of removal under subsection (a)(2) which has not become final; and " (B) upon the filing by the Commission of an order of suspension in the District of Columbia Court of Appeals. Suspension under this paragraph shall continue until termination of all appeals. If the conviction is reversed or the order of removal is set aside, the judge shall be reinstated and shall recover his salary and all rights and privileges of his office. "(2) A judge of a District of Columbia court shall be suspended from all judicial duties, with such retirement salary as he may be entitled to pursuant to subchapter III of this chapter, upon the filing by the Commission of an order of involuntary retirement under subsection (b) in the District of Columbia Court of Appeals. Suspension shall continue until termination of all appeals. If the order of involuntary retirement is set aside, the judge shall be reinstated and shall rscover his judicial salary less any retirement salary received and shall be entitled to all the rights and privileges of his office. "(3) A judge of a District of Columbia court shall be suspended from all or part of his judicial duties, with salary, if the Commission, upon the concurrence of three members, (A) orders a hearing for the removal or retirement of the judge pursuant to this subchapter and determines that his suspension is in the interest of the administration of justice, and (B) files an order of suspension in the District of Columbia Court of Appeals. The suspension shall terminate as specified in the order (which may be modified, as appropriate, by the Commission) but in no event later than the termination of all appeals. "§ 11-1527. Procedures " (a)(1) On its own initiative, or upon complaint or report of any person, formal or informal, the Commission may undertake an investigation of the conduct or hen,lth of any judge. After such investigation as it deems adequate, the Commission may terminate the investigation or it may order a hearing concerning the health or conduct of the judge. No order affecting the tenure of a judge based on grounds for removal set forth in section 11-1526(a)(2) or 11-1530(b)(3) shall be made except after a hearing as provided by this subchapter. Nothing in this subchapter shall preclude any informal contacts with the judge, or the chief judge of his court, by the Commission, whether before or after a hearing is ordered, to discuss any matter related to its investigation. " (2) A judge whose conduct or health is to be the subject of a hearing by the Commission shall be given notice of such hearing and of the nature of the matters under inquiry not less than thirty days before the date on which the hearing is to be held. He shall be admitted to such hearing and to every subsequent hearing regarding his conduct or health. He may be represented by counsel, offer evidence in his own behalf, and confront and cross-examine witnesses against him. "(3) Within ninety days after the adjournment of hearings, the Commission shall make findings of fact and a determination regarding the conduct or health of a judge who was the subject of the hearing. The concurrence of at least four members shall he required for a determination of grounds for removal or retirement. Upon a deter-

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niination of grounds for removal or retirement, the Commission shall file an appropriate order pursuant to subsection (a) or (b) of section 11-1526. On or before the date the order is filed, the Commission shall notify the judge, the chief judge of his court, and the President of the United States. "(b) The Commission shall keep a record of any hearing on the conduct or health of a judge and one copy of such record shall be provided to the judge at the expense of the Commission. "(c)(1) In the conduct of investigations and hearings under this section the Commission may administer oaths, order and otherwise provide for the inspection of books and records, and issue subpenas for attendance of witnesses and the production of papers, books, accounts, documents, and testimony relevant to any such investigation or hearing. I t may order a judge whose health is in issue to submit to a medical examination by a duly licensed physician designated by the (Commission. "(2) Whenever a witness before the Commission refuses, on the basis of his privilege against self-incrimination, to testify or produce books, papers, documents, records, recordings, or other materials, and the Commission determines that the testimony or production of evidence is necessary to the conduct of its proceedings, it may order the witness to testify or produce the evidence. The Commission may issue the order no earlier than ten days after the day on which it served the Attorney General with notice of its intention to issue the order. The witness may not refuse to comply with the order on the basis of his privilege against self-incrimination, but no testimony or other information compelled under the order (or any information directly or indirectly derived from the testimony or production of evidence) may be used against the witness in any criminal case, nor may it be used as a basis for subjecting the witness to any penalty or forfeiture contrary to constitutional right or privilege. No witness shall be exempt under this subsection from prosecution for perjury committed while giving testimony or producing evidence under compulsion as provided in this subsection. " (3) If any person refuses to attend, testify, or produce any writing or things required by a subpena issued by the Commission, the Commission may petition the United States district court for the district in which the person may be found for an order compelling him to attend and testify or produce the writings or things required by subI>ena. The court shall order the person to appear before it at a specified time and place and then and there shall consider why he has not attended, testified, or produced writings or things as required. A copy of the order shall be served upon him. If it appears to the court that the subpena was regularly issued, the court shall order the person tc appear before the Commission at the time or place fixed in the order and to testify or produce the required writings or things. Failure to obey the order shall be punishable as contempt of court. "(4) In pending investigations or proceedings before it, the Cominission may order the deposition of any person to be taken in such form and subject to such limitation as may be prescribed in the order. The Commission may file in the Superior Court a petition, stating generally, without identifying the judge, the nature of the pending matter, the name and residence of the person whose testimony is desired, and directions, if any, of the Commission requesting an order requiring the person to appear and testify before a designated officer. Upon the filing of the petition the Superior Court may order the person to appear and testify. A subpena for such deposition shall be issued by the clerk of the Superior Court and the deposition shall bo taken and returned in the manner prescribed by law for civil actions.

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