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" (d) I t shall be the duty of the United States marshals upon the request of the Commission to serve process and to execute all lawful orders of the Commission. "(e) Each witness, other than an officer or employee of the United States or the District of Columbia, shall receive for his attendance the same fees, and all witnesses shall receive the allowances, prescribed by section 15-714 for witnesses in civil cases. The amount shall be paid by the Commission from funds appropriated to it. "§11-1528. Privilege; confidentiality " (a) The filing of papers with and the giving of testimony before the Commission shall be privileged. I^nless otherwise authorized by the judge whose conduct or health is the subject of the proceedings under this subchapter, the hearings before the Commission, the record thereof, and all papers filed in connection with such hearings shall be confidential. But on prosecution of a witness for perjury or on review of a decision of the Commission, the record of hearings before the (Commission and all papers filed in connection therewith shall be disclosed to the extent required for the prosecution or review. "(b) If the Commission determines that no grounds for removal or involuntary retirement exist it shall notify the judge and inquire whether he desires the Commission to make available to the public information pertaining to the nature of its investigation, its hearings, findings, determinations, or any other fact related to its proceedings I'egarding his health or conduct. Upon receipt of such request in writing from the judge, the Commission shall make such information available to the public. "§ 11-1529. Judicial review " (a) A judge aggrieved by an order of removal or retirement filed by the Commissicm pursuant to subsection (a) or (b) of section 11-1526 may seek judicial review thereof by filing notice of appeal with the Chief Justice of the United States. Xotice of appeal shall be filed witliin 80 days of the filing of the order of the Commission in the District of Columbia Court of Appeals. " (b) Upon receipt of notice of appeal from an order of the Commission, the Chief Justice shall convene a special court consisting of three Federal judges designated from among active or retired judges of the Ignited States Court of Appeals for the District of Columbia Circuit and the United States District Court for the District of Columbia. "(c) The special court shall review the order of the Connnission appealed from and, to the extent necessary to decision and when pi'esented, shall decide all relevant questions of law and interpret constitutional and statutory provisions. Within 90 days after oral argument or submission on the briefs if oral argument is waived, the special court shall affirm or reverse the order of the (Commission or remand the matter to the Commission for further proceedings. " (d) The special court shall hold unlawful and set aside a Commission order or determination found to be— "(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; "(2) contrary to constitutional right, power, privilege, or ininnmity; "(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; "(4) without observance of procedure required by law; or "(5) unsupported by substantial evidence. In making the foregoing determinations, the special court shall re\iew

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the whole record or those parts of it cited by the judge or the Commission, and shall take due account of the rule of prejudicial error. "(e) As appropriate and to the extent consistent with this chapter, ^Y\e Federal Rules of Appellate Procedure governing appeals in civil cases shall apply to appeals taken under this section. "(f) Decisions of the special court shall be final and conclusive. " (a) Pursuant to such rules as the Commission shall promulgate, each judge of the District of Columbia courts shall, within one year following the date of enactment of the District of Columbia Court Reorganization Act of 1970 and at least annually thereafter, file with the Commission the following reports of his personal financial interests: "(1) A report of his income and his spouse's income for the period covered by the report, the sources thereof, and the amount and nature of the income received from each such source. "(2) The name and address of each private foundation or eleemosynary institution, and of each business or professional corporation, firm, or enterprise in which he was an officer, director, proprietor, or partner during such period; "(3) The identity of each liability of $5,000 or more owed by him or by him and his spouse jointly at any time during such period. "(4) The source and value of all gifts in the aggregate amount or value of $50 or more from any single source received by him during such period, except gifts from his spouse or any of his children or parents. "(5) The identity of each trust in which he held a beneficial interest having a value of $10,000 or more at any time during such period, and in the case of any trust in which he held any beneficial interest during such period, the identity, if known, of each interest in real or personal property in which the trust held a beneficial interest having a value of $10,000 or more at any time during such period. If he cannot obtain the identity of the trust interest, he shall request the trustee to report that information to the Commission in such manner as the Commission shall by rule prescribe. "(6) The identity of each interest in real or personal property having a value of $10,000 or more which he owned at any time during such period. "(7) The amount or value and source of each honorarium of $300 or more received by him during such period. "(8) The source and amount of all money, other than that received from the United States Government, received in the form of an expense account or as reimbursement for expenditures during such period. " (b)(1) Except as provided in paragraph (2) of this subsection, the content of any report filed under this section shall not be open to inspection by anyone other than (A) the person filing the report, (B) authorized members, alternate members, or staff of the Commission to determine if this section has been complied with or in connection with duties of the Commission under this subchapter, or (C) a special court convened under section 11-1529 to review a removal order of the Commission. "(2) Reports filed pursuant to paragraphs (2) and (7) of subsection (a) shall be made available for public inspection and copy-
 * '§ 11-1530. Financial statements

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ing promptly after filing and during the period they are kept by the Commission, and shall be kept by the Commission for not less than three years. "(3) The intentional failure by a judge of a District of Columbia court to file a report required by this section, or the filing of a fraudulent report, shall constitute willful misconduct in office and shall be grounds for removal from office under section 11-1526 (a)(2). "SUBCHAPTER III.—RETIREMENT "§ 11-1561. Definitions "For purposes of this subchapter— "(1) The term 'judge' means any judge of the District of Columbia Court of Appeals or the Superior Court or any person with judicial service as described in paragraph (2) of this section. "(2) The term 'judicial service' means service as a judge in the District of Columbia Court of Appeals, the Superior Court, or the former Juvenile Court of the District of Columbia, District of Columbia Tax Court, police court, municipal court, Municipal Court of Appeals, or District of Columbia Court of General Sessions. "(3) The terms 'retire' and 'retirement' include retirement, resignation, or failure to be recommissioned or reappointed upon the expiration of a commission. "(4) The term 'fund' means the District of Columbia Judicial Retirement and Survivors Annuity Fund as provided in section 11-1570. "(5) The term 'widow' means a surviving wife of a judge who has either (A) been married to the judge for at least two years preceding his death or (B) is the mother of issue by the marriage and has not remarried. "(6) The term 'widower' means a surviving husband of a judge who has either (A) been married to the juage for at least two years preceding her death or (B) is the father of issue by the marriage and has not remarried. "(7) The term 'Commissioner' means the Commissioner of the District of Columbia. "(8) The term 'child' means— " (A) an unmarried child under eighteen years of age, including (i) an adopted child, and (ii) a stepchild or recognized natural child who lived with the judge in a regular parent-child relationship; " (B) such unmarried child regardless of age who is incapable of self-support because of mental or physical disability incurred before age eighteen; or " (C) such unmarried child between eighteen and twentytwo years of age who is a student regularly pursuing a fulltime course of study or training in residence in a high school, trade school, technical or vocational institute, junior college, college, university or comparable recognized educational institution. For the purpose of this paragraph, a child whose twenty-second birthday occurs before July 1 or after August 31 of a calendar year, and while he is regularly pursuing such a course of study or training, is deemed to have become twenty-two years of age on the first day of July after that birthday. A child who is a student is deemed not to have ceased to be a student during an interim between school years if the interim is not more than five months and if he shows

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to the satisfaction of the Commissioner that lie has a bona fide intention of continuing to pursue a course of study or training in the same or dilferent school during the school semester (or other period into which the school year is divided) immediately after the interim. "(9) The term 'lump-sum credit for retirement' means the unrefunded amount consisting of— " (A) retirement deductions made from the basic salary of a judge; " (B) amounts deposited covering earlier judicial and nonjudicial service; and " (C) interest on the deductions and deposits at 4 per centum a year to December 31, 1947, and 3 per centum a year thereafter compounded annually to December 31, 1956, or, in the case of a judge separated or transferred to a position not within the purview of this section before he has completed five years of service, to the date of the separation or transfer; but the term 'lump-smn credit for retirement" does not include interest— "(i) if the service covered thereby aggregates one year or less; or " (ii) for the fractional part of a month in the total service. "(10) The term 'lump-sum credit for survivor annuity' means the unrefunded amount consisting of— " (A) survivor annuity deductions made from the salary of a judge; '' (B) amounts deposited for survivor annuity covering earlier jvidicial and nonjudicial service; and " (C) interest on the deductions and deposits at 4 per centum a year to December 31, 1947, and 3 per centum a year thereafter compounded aimually to December 31, 1956, or, in the case of a judge separated or transferred to a position not within the purview of this section before he has completed five years of service, to the date of the separation or transfer; but the term 'lump-sum credit for survivor annuity' does not include interest— "(i) if the service covered thereby aggregates one year or less; or " (ii) for the fractional part of a month in the total service. "§ 11-1562. Eligibility for retirement " (a) A judge is eligible for retirement under this subchapter when he has completed ten years of judicial service, whether continuous or not, or upon mandatory retirement as provided in section 11-1502. "(b) The retirement salary of a judge who retires shall commence as follows: " (1) With twenty or more years of judicial service, at age fifty. "(2) With less than twenty years of judicial service, at age sixty, unless he elects to receive a reduced salary beginning at age fifty-five or at the date of retirement if subsequent to that age. "(c) A judge with five years or more of judicial service, including civilian service performed by the judge which is creditable under seetion 8332 of title 5, United States Code, may voluntarily retire for a mental or physical disability which is or is likely to become permanent and which prevents, or seriously interferes with, the proper performance of iudicial duties. Such disability shall be established by furnishing to the Commissioner a certificate of disability signed by a duly licensed physician, approved by the Surgeon General of the United States, and containing such information and conclusions as the Commissioner by regulation may require consistent with this subsection.

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" (d) Eligibility for retirement salary of a judge involuntarily retired for disability under section 11-1526 (b) shall not be conditioned upon prior service. "§11-1563. Withholding of retirement payments; lump-sum credit " (a) There shall be deducted and withheld from the basic salary of each judge appointed after October 31, 1964, and each judge appointed before November 1, 1964, who has elected to come within the provisions of this subchapter an amount equal to 31^ per centum of his basic salary. Amounts so deducted and withheld shall be deposited in the fund in accordance with procedures established by the Commissioner. Each judge subject to this section shall be deemed to consent and agree to such deductions from basic salary, and payment less such deductions shall constitute a full and complete discharge and acquittance of all claims and demands whatsoever for all regular service during the period covered by such payment, except the right to the benefits to which he shall be entitled under this subsection, notwithstanding any law, rule, or regulation affecting the judge's salary. " (b) If he has not previously so deposited, each judge subject to this section shall deposit in the fund, with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year, a sum equal to 31^ per centum of his basic salary received for judicial service performed by him as a judge prior to the date he became subject to the District of Columbia judges Retirement Act of 1964. Each.judge may elect to make such deposits in installments during the continuance of his judicial service in such amounts as may be determined in each instance by the Commissioner. Notwithstanding the failure of any judge to make such deposits, credit shall be allowed for the service rendered but the retirement pay for such judge shall be reduced by 10 per centum of such deposit remaining unpaid unless the judge shall elect to eliminate the service involved for purposes of retirement salary computation, except as provided in section 11-1564 (d). "(c) If any judge who is subject to this section is removed, resigns, or fails to be recommissioned or reappointed, he is entitled to be paid his lump-sum credit for retirement if application for payment is filed with the Commissioner at least thirty-one days before the commencing date of any retirement salary for which he is eligible. The receipt of t i n Inmp-sum credit for retirement by the judge voids all retirement salary rights under this subchapter, until he is reemployed in judicial service subject to this subchapter. " (d) If a judge who has not elected to bring himself within the survivor annuity provisions of this subchapter dies while in regular active service, the lump-sum credit for retirement shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving him in the order of precedence established in section 11-1569 (b). Such payments shall be a bar to recovery by any other person. "§ 11-1564. Computation of retirement salary; election to credit other service " (a) The retirement salary of a judge who retires pursuant to section 11-1562 (a) and (b) shall be paid annually in equal monthly installments during the remainder of his life and shall bear the same ratio to his basic salary immediately prior to the date of his retirement as the total of his aggregate years of service bears to the period of thirty years. A judge who elects to receive a reduced retirement salary pursuant to section ll-1562(b)(2) shall have his retirement salary reduced by one-twelfth of 1 per centum for each month or fraction of a month he is under the age of sixty at the time of the commencement

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of his reduced retirement salary. I n no event shall the retirement salary (including the amount provided by subsection (c) of this section) of a judge exceed 80 per centum of his basic salary immediately prior to the date of his retirement. " (b) The retirement salary of a judge retired for disability pursuant to section 11-1526 (b) or section 11-1562 (c) or (d) shall be paid annually in equal monthly installments during the remainder of his life and shall be computed as provided in subsection (a). If a judge is retired for disability, his retirement salary shall not be reduced because of his age at the time of retirement. I n ho event shall the retirement salary of a judge retired for disability be less than 50 per centum or exceed 80 per centum of his basic salary immediately prior to the date of his retirement. "(c) I n computing the retirement salary of a judge retiring under section 11-1562, the judge shall be entitled, if he so elects during the continuance of his judicial service or at the time of his retirement, to receive, in addition to the amount provided for in subsection (a) of this section, an amount (payable annually in equal monthly installments during the remainder of his life) based on military and civilian service performed by the judge which is creditable under section 8332 ^^ ^^^^^ ^' United States Code, computed in accordance with section 8339 (a), (b), (c), (d), (g), and (h) of that title, as applicable, subj^ct to the provisions of section 8334(c) and (d) of that title and the provisions of subsection (d) of this section; except that average pay for the purpose of the computation shall be deemed to be the basic salary of the judge immediately prior to the date of his retirement under section 11-1562. " (d)(1) The crediting of service with respect to any judge under subsection (c) of this section shall be made on the standard basis of a deposit in the sum equal to 3i/^ per centum of his basic salary, pay, or compensation for civilian service creditable under section 8332 of title 5, United States Code, with interest as provided in paragraph (2) of this subsection. "(2) Interest on deposits under this subsection is computed from the midpoint of each service period included in the computation to the date of deposit or the commencing date of the retirement salary of the judge, whichever date is the earlier. Interest is computed at the rate oi 4 per centum a year to December 31, 1947, and 3 per centum a year thereafter, compounded annually. Interest may not be charged for a period of separation from the service which began before October 31, 1956. "(3) Deposit under this subsection may not be required for— " (A) service before August 1, 1920; " (B) military service; or " (C) service for the Panama Railroad Company before January 1, 1924. "(4) If a judge elects to be credited with service under subsection (c) of this section, his lump-sum credit, or any remaining balance thereof, in the Civil Service Retirement and Disability Fund or in the retirement fund of any other retirement system for civilian employees of the Government of the United States or the District of Columbia, shall be transferred to the District of Columbia Judicial Retirement and Survivors Annuity Fund. The judge shall be deemed to consent to the transfer. The transfer shall be a complete discharge and acquittance of all claims and demands against the retirement system from which the funds were transferred on account of the service so credited. "(5) A judge whose lump-sum credit is transferred to the fund under paragraph (4) of this subsection is not required to make deposits in addition to the amount transferred for periods of service for which

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full contributions were made to the retirement system from which the transfer was made. "(6) In the case of a judge whose lump-sum credit has been transferred to the fund under paragraph (4) of this subsection and who has not elected a survivor annuity under section 11-1566, or prior corresponding provision of law, the Commissioner shall refund to the judge any amount which the Commissioner determines to be in excess of the amount of the deposit required by this subsection. I n the case of a judge whose lump-sum credit has been transferred to the fund under paragraph (4) of this subsection and who, prior to the effective date of this section, had elected a survivor annuity and made deposits to the fund for survivor annuity purposes, the Commissioner shall refund to the judge any amount which the Commissioner determines in excess of the amount of the deposit required by section 11-1567. "(7) If any civilian service performed by the judge which is creditable under section 8832 of title 5, United States Code, is not covered gj^sjl*^*:!^^'' by the amount of the lump-sum credit transferred under paragraph gs stat! 831! (4) of this subsection, the judge may make deposit, on the standard basis prescribed by paragraph (1) of this subsection, with interest as provided in paragraph (2) of this subsection, in accordance with and subject to the applicable provisions of section 8334(c) and (d) of that title, of the amount or amounts necessary for him to receive full credit ^^ ^*^** ^^'^' for that service for the purposes of subsection (c) of this section. The deposit may be made, as the judge may elect, in installments, during the continuance of his judicial service, in such amounts as the Commissioner may determine in each instance, or in a lump sum prior to or at the time of his retirement under section 11-1562. A judge electing to make installment deposits shall not be given full credit for the service until the total required deposit is made. "(8) For the purpose of survivor annuity, deposits authorized by this subsection also may be made by the survivor of a judge. "(e) Nothing in this subchapter shall prevent a judge eligible therefor from simultaneously receiving his retirement salary under this section and any annuity or retired pay to which he would otherwise be entitled under any other law without regard to this subchapter. However, in computing the retirement salary of a judge under this section, service used in the computation of such other annuity shall not be credited. "§ 11-1565. Service by retired judges "Any retired judge performing full-time judicial duties on the District of Columbia Court of Appeals or the Superior Court shall be entitled, during the period for which he serves, to receive the salary of the office in which he performs such duties, but there shall be deducted from such salary an amount equal to his retirement salary for that period. No deduction shall be withheld for health benefits. Federal employees' life insurance, or retirement purposes from the salary paid to a retired judge during judicial service. The performance of such judicial service shall not create an additional retirement, change a retirement, or create or in any manner affect a survivor annuity. "§ Ll-1566. Survivor annuity; election; relinquishment " (a) Any judge, whether or not subject to sections 11-1562 to 1 1 1565, may, lay written election filed with the Commissioner within six months after the date on which he takes office or is reappointed or recommissioned, or within six months after he marries, bring himself within the survivor annuity provisions of this subchapter. "(b) Any judge in regular active service or any retired judge, who shall have elected survivor annuity, and who after that election is unmarried and does not have a dependent child, may elect— 47-348 O - 72 - 36 (Pt. 1)

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"(1) to terminate the deductions and withholdings from his salary under section 11-1567 (a) and any installment payments elected to be made under section 11-1567(b); and "(2) to have paid to him the lump-sum credit for survivor annuity. Any election under this subsection shall be made in writing and filed with the Commissioner. "(c) If any judge who shall have elected survivor annuity resigns from office otherwise than under the provisions of this subchapter or is removed, he shall be entitled to be paid the lump-sum credit for survivor annuity. " (d) Payment of the lump-sum credit for survivor annuity as provided in this section shall extinguish all claims with respect to survivor annuity. "§ 11--1567. Survivor annuity; payments to fund " (a) There shall be deducted and withheld from the salary (whether basic or retirement) of each judge who has elected survivor annuity a sum equal to 3 per centum of that salary. The amounts so deducted and withheld shall, in accordance with such procedures as may be prescribed by the Commissioner, be deposited in the fund. Every judge who elects survivor annuity shall be deemed thereby to consent and agree to the deductions from his salary as provided in this subsection, and payment less such deductions shall constitute a full and complete discharge and acquittance of all claims and demands whatever for all judicial services rendered by such judge during the period covered by such payment, except the right to the benefits to which he or his survivors shall be entitled under the survivor annuity provisions of this subchapter. "(b) If he has not previously so deposited, each judge who has elected survivor annuity shall deposit to the fund, with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year, a sum equal to 3 per centum of his salary received for judicial service and of retirement salary (but excluding salary for judicial service under section 11-1565); and a sum equal to 3 per centum of his basic salary, pay, or compensation for civilian service creditable under section 8332 ^^ *^*^^ ^' United States Code, with interest as provided in section I l 1564(d). Except to the extent that the Commissioner has made refund to the judge under section 11-1564(d)(6), deposit is not required with respect to that portion of the service of the judge covered by the transfer, under section 11-1564(d)(4), of his lump-sum credit to the fund. In addition, deposit may not be required for the types of service described in section 11-1564(d)(3). Each judge may elect to make deposits under this subsection in installments during the continuance of his judicial service in such amounts as may be determined in each instance by the Commissioner. Deposits under this subsection also may be made by the survivor of a judge. "(c) If a judge or survivor fails to make such deposits, credit shall be allowed for the service, but the annuity of the widow or widower of such judge shall be reduced by an amount equal to 10 per centum of the deposit required by this section, computed as of the date of the death of the judge, unless the widow or widower elects to eliminate the service not covered by deposit entirely from credit for computation purposes except as provided in section 11-1564(d)(3). " (a) The service of a judge for the purpose of computing a survivor annuity includes his judicial service (and retired service for which deductions are made) and, subject to section 8334(d) of title 5, United
 * § 11-1568. Survivor annuity; entitlement; computation

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States Code, his military and civilian service which is creditable under so Stat. 570. section 8332 of that title. a 1 Stat. 214; " (b) Nothing in this subchapter shall prevent a widow or wddower ss Stat. 831. eligible therefor from simultaneously receiving a survivor annuity under this subchapter and any other annuity (survivor or otherw^ise) or retired pay to which he or she would otherwise be entitled under any other law without regard to this subchapter. However, in computing the survivor annuity of that widow or widower under this subchapter, service used in the computation of such other annuity shall not be credited. "(c) If a judge who has elected a survivor annuity dies in regular active service or after having retired from such service with at least five years of allowable service under this section for which payments have been withheld or deposits made, the survivor annuity shall be paid as follows: "(1) If the judge is survived by a widow or widower but no child, the widow or widower shall receive, beginning on the day after the judge dies, an amount computed as provided in subsection (e). "(2) If the judge is survived by a widow or widower and one or more children— " (A) the widow or widower shall receive an immediate annuity in the amount computed as provided in subsection (e); and " (B) there also shall be paid to or on behalf of each such child an immediate annuity equal to one-half the amount of the annuity of such widow or widower, but not to exceed the lesser of (i) $2,700 per year divided by the number of such children or (ii) $900 per child per year. "(3) If the judge leaves no surviving widow or widower but leaves a surviving child or children, there shall be paid to or on behalf of each such child an immediate annuity equal to the amount of the annuity to which the widow or widower would have been entitled under paragraph (1) of this subsection had he or she survived, but not to exceed the lesser of (A) $3,240 per year divided by the number of children or (B) $1,080 per child per year. A n annuity payable to a widow or widower under this section shall be terminable upon death or remarriage. The annuity payable to a child shall be terminable upon his death or marriage or his ceasing to be a child as defined in section 11-1561(8). In case of the death of a widow or widower of a judge leaving a child or children of the judge surviving, the annuity of such child or children shall be recomputed and paid as provided in paragraph (3) of this subsection. In any case in which the annuity of a child is terminated, the annuities of any remaining child or children, based upon the service of the same judge, shall be recomputed and paid as though the child whose annuity was terminated had not survived the judge. " (d) Questions of disability or other eligibility requirements of a child under this section shall be determined by the Commissioner who may order such medical or other examinations at any time as he deems necessary with respect to determining the facts concerning the disability of a child receiving or applying for an annuity under this subchapter. An annuity may be denied or suspended for failure to submit to examination. "(e) The annuity of a widow or widower of a judge electing survivor annuity shall be an amount equal to the sum of— "(1) 11/4 per centum of the average annual salary received for service allowable under subsection (a) during the last three years of such service prior to death or retirement multiplied by the sum

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of his years of judicial service and his Member, congressional emjiloyee, and his military service allowable under subsection (a); and "(2) three-fourths of 1 per centum of such average annual salary multiplied by his years of all other civilian service allowable under subsection (a). A survivor annuity shall not exceed 44 per centum of the average annual salary described in paragraph (1) of this subsection and shall be subject to reduction as provided in section 11-1567 (c). "§ 11-1569. Survivor annuity; payment; order of precedence " (a) Survivor annuities shall accrue monthly and shall be due and payable in monthly installments on the first business day of the month following the month or other period for which the annuity shall have accrued. "(b) In any case in which— "(1) a judge who has elected survivor annuity shall die (A) while in regular active service after having rendered five years of allowable service as provided in section 11-1568 (a) or while receiving retirement salary under this subchapter but without a survivor or survivors entitled to annuity under section 11-1568 (c) or (B) while in regular active service but before having rendered five years of allowable service; or "(2) the right of all persons entitled to an annuity under section 11-1568(c) based on the service of the judge shall terminate before a valid claim therefor shall have been established; the lump-sum credit shall be paid, upon the establishment of a valid claim therefor, to the person or persons surviving at the date title to the payment arises, in the following order of precedence, and such payment shall be a bar to recovery by any other person: "First, to the beneficiary or beneficiaries whom the judge may have designated in writing to the Commissioner prior to the judge's death; "Second, if there be no such beneficiary, to the widow or widower of the judge; "Third, if none of the above, to the child or children of the judge and the descendants of any deceased children by representation; "Fourth, if none of the above, to the parents of the judge or the survivor of them; "Fifth, if none of the above, to the duly appointed executor or administrator of the estate of such judge; "Sixth, if none of the above, to such other next of kin of the judge as may be determined by the Commissioner to be entitled under the laws of the domicile of the judge at the time of his death. Determination as to the widow, widower, or child of a judge for purposes of this subsection shall be made by the Commissioner without regard to the definitions in section 11-1561. "(c) In any case in which the annuities of all persons entitled to annuity based upon the service of a judge shall terminate before the aggregate amount of annuity paid (together with any amounts received by the judge as retirement salary) equals the total amount credited to the individual account of the judge, with interest at 4 per centum per annum to December 31, 1947, and 3 per centum per annum thereafter, compounded on December 31 of each year, to the date of the death of such judge, the difference shall be paid upon establishment of a valid claim therefor, in the order of precedence prescribed in subsection (b).

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" (d) Any accrued annuity remaining unpaid upon the termination (other than by reason of death) of the annuity of any person based upon the service of a judge shall be paid to such person. Any accrued annuity remaining unpaid upon the death of any person receiving an annuity based upon the service of a judge shall be paid, upon establishment of a valid claim therefor, in the following order 01 precedence: "First, to the duly appointed executor or administrator of the estate of the annuitant; "Second, if there is no such executor or administrator, payment may be made, after the expiration of thirty days from the date of death of the annuitant, to such person or persons as may appear in the judgment of the Commissioner to be legally entitled thereto, and such payments shall be a bar to recovery by any other person. "(e) Where any payment under sections 11-1566 to 11-1569 is to be made to a minor or to a person mentally incompetent or under other legal disability adjudged by a court of competent jurisdiction, such payment may be made to the person who is constituted guardian or other fiduciary by the law of the jurisdiction wherein the claimant resides or is otherwise legally vested with the care of the claimant or his estate. Where no guardian or other fiduciary of the person under legal disability has been appointed under the laws of the jurisdiction wherein the claimant resides, payment may be made to any person who, in the judgment of the Commissioner, is responsible for the care of the claimant, and the payment bars recovery by any other person. "§ 11-1570. Retirement and annuity fund " (a) The District of Columbia Judicial Retirement and Survivors Annuity Fund is hereby continued in the Treasury and appropriated for the payment of retirement salaries, annuities, refunds, and allowances as provided in this subchapter. If at any time the balance of the fund is insufficient to pay current obligations arising under this subchapter, there is authorized to be appropriated to the fund, out of any moneys in the Treasury of the United States to the credit of the District of Columbia not otherwise appropriated, such amounts as may be necessary to pay current obligations. The Secretary of the Treasury shall prepare the estimates of the annual appropriations required to be made to the fund, and shall make actuarial evaluations of the fund at intervals of five years or more if deemed necessary by the Secretary. "(b) The Secretary shall invest, from time to time, in interest-bearing securities of the United States or Federal farm loan bonds, any portions of such funds as in his judgment may not be immediately reqrired for payments from the fund and the income derived from such investments shall constitute a part of the fund. "(c) All amounts deposited by, or deducted and withheld from the salary of, any judge for credit to the fund shall, under regulations prescribed by the Commissioner, be credited to an individual account of the judge. " (d) None of the moneys mentioned in this subchapter shall be assignable, either in law- or in equity, or be subject to execution, levy, attachment, garnishment, or other legal process. "§ 11-1571. Periodic increases; existing rights " (a) The retirement salary of any judge, or the annuity of any person based upon the service of a judge, who, on the effective date of any increase which, after the effective date of this section, becomes payable under the provisions of section 8840(b) of title 5, United

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States Code, is receiving such salary or annuity (1) under the provisions of this subchapter, or (2) under the provisions of section 1 1 1701, as in effect prior to the effective date of this section, and its predecessor laws, shall be increased on the effective date of the increase by a percentage equal to the percentage of such increase under section 8340 of title 5, United States Code. " (b) Nothing in this subchapter shall defeat or diminish rights acquired under section 11-1701, as in effect prior to the effective date of this section, and its predecessor laws, except on the election and with the consent of the judge, annuitant, or other person affected. "Chapter 17.—ADMINISTRATION OF DISTRICT OF COLUMBIA COURTS " SUBCHAPTER I.

COURT

ADMINISTRATION

"Sec.

"11-1701. Administration of District of Columbia court system. "11-1702. Responsibilities of chief judges in the respective courts. "11-1703. Executive Officer of the District of Columbia c o u r t s; appointment; compensation. "11-1704. Oath and bond of the Executive Officer. " SUBCHAPTER II.

"11-1721. "11-1722. "11-1723. "11-1724. "11-1725. "11-1726. "11-1727. "11-1728. "11-1729. "11-1730. "11-1731.

COURT PERSONNEL

Clerks of courts. Director of Social Services. Fiscal Officer. Auditor-Master. Appointment of nonjudicial personnel. Compensation. Court reporters. Recruitment and training of personnel. Service of United States marshal. Reports of court personnel. Reports of other personnel. "SUBCHAPTER III.—DUTIES AND RESPONSIBILITIES

"11-1741. "11-1742. "11-1743. "11-1744. "11-1745. "11-1746.

Court operations and organization. Property and disbursement. Annual budget. Information.and liaison services. Reports and records. Certification of copies of papers or documents filed in District of Columbia courts. "11-1747. Delegation of authority.

"SUBCHAPTER I.—COURT ADMINISTRATION "§ 11-1701. Administration of District of Columbia court system " (a) There shall be a Joint Committee on Judicial Administration in the District of Columbia (hereafter in this chapter referred to as the 'Joint Committee') consisting of (1) the Chief Judge of the District of Columbia Court of Appeals, who shall serve as Chairman, (2) an associate judge of that court elected annually by the judges thereof, (8) the Chief Judge of the Superior Court, and (4) two associate judges of that court elected annually by the judges thereof. "(b) The Joint Committee shall have responsibility within the District of Columbia court system for the following matters: "(1) General personnel policies, including those for recruitment, removal, compensation, and training. 4 "(2) Accounts and auditing. ^ o aijJj " '3) Procurement and disbursement. n ^4) Submission of the annual budget requests of the District belln'oi Columbia Court of Appeals and the Superior Court to the Commissioner of the District of Columbia as the integrated

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budget of the District of Columbia court system, except that such requests may be modified upon the concurrence of four of the five members of the Joint Committee. "(5) Approval of the bonds of fiduciary employees within the District of Columbia court system. "(6) Formulation and enforcement of standards for outside activities of and receipt of compensation by the judges of the District of Columbia court system. "(Y) Development and coordination of statistical and management information systems and reports supporting the annual report of the District of Columbia court system. "(8) Liaison between the District of Columbia court system and the court systems of other jurisdictions, including the Judicial Conference of the United States, the Judicial Conference of the District of Columbia Circuit, and the Federal Judicial Center. "(9) With the concurrence of the respective chief judges of the District of Columbia courts, other policies and practices of the District of Columbia court system and resolution of other matters which may be of joint and mutual concern of the District of Columbia Court of Appeals and the Superior Court. "(c) The Joint Committee, with the assistance of the Executive Officer of the District of Columbia courts, shall— " (1) consider and evaluate the business of the courts and means of improving the administration of justice within the District of Columbia court system and shall report thereon in its annual report; "(2) prepare and publish an annual report of the District of Columbia court system regarding the work of the courts, the performance of the duties enumerated in this chapter, and of any recommendations relating to the courts; "(3) recommend from time to time to the Congress changes in the organization, jurisdiction, operation, and procedures of the courts which are appropriate for legislative action, and institute such changes, pursuant to the responsibilities enumerated in subsection (b), in the methods of administering judicial business in the court system as would improve the administration of justice; and " (4) arrange for such training seminars, and other related services, as are desirable and feasible for judges and other court personnel, including services from the Federal Judicial Center on a reimbursable basis. " (d) The Joint Committee shall have authority to issue all orders and directives necessary to implement the responsibilities and duties enumerated in this section. "§11-1702. Responsibilities of chief judges in the respective courts " (a) The Chief Judge of the District of Columbia Court of Appeals, in addition to the authority conferred on him by chapter 7 of this title, shall supervise the internal administration of that court— " (1) including all administrative matters other than those within the responsibility enumerated in section 11-1701 (b), and

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"(2) including the implementation in that court of the matters enumerated in section 11-1701 (b), consistent with the general policies and directives of the Joint Committee. "(b) The Chief Judge of the Superior Court, in addition to the authoritj Conferred on him by chapter 9 of this title, shall supervise the internal administration of that court^— " (1) including all administrative matters other than those within the responsibility enumerated in section 11-1701 (b), and " (2) including the implementation in that court of the matters enumerated in section 11-1701 (b), consistent with the general policies and directives of the Joint Committee. "§ 11-1703. Executive Officer of the District of Columbia courts; appointment; compensation "(a) There shall be an Executive Officer of the District of Columbia courts (hereafter in this chapter referred to as the 'Executive Officer'). He shall be responsible for the administration of the District of Columbia court system subject to the supervision of the Joint Committee and the chief judges of the respective courts as provided in this chapter. He shall be subject to the supervision of the Joint Committee regarding administrative matters that are enumerated in section 11-1701 (b). He shall be subject to the supervision of the chief judges in their respective courts: (1) regarding all administrative matters other than those within the responsibility enumerated in section 11-1701 (b), and (2) regarding the implementation in the respective courts of the matters enumerated in section 11-1701 (b), consistent with the general policies and directives of the Joint Committee. "(b) The Executive Officer shall be selected by, and subject to removal by, the Joint Committee with the concurrence of the respective chief judges. Pie shall be selected from a list of at least three qualified person'^, submitted by the Director of the Administrative Office of the United States Courts. "(c) The Executive Officer shall receive the same compensation as an associate judge of the Superior Court. "§ 11-1704. Oath and bond of the Executive Officer " (a) The Executive Officer shall take an oath or affirmation for the faithful and impartial discharge of the duties of his office. "(b) The Executive Officer shall give bond, with two or more sureties, to be approved by the Joint Committee, in an amount prescribed by the Joint Committee, faithfully to discharge the duties of his office. "SUBCHAPTER II. - C O U R T PERSONNEL "§11-172L Clerks of courts "The District of Columbia Court of Appeals and the Superior Court shall each have a clerk who shall perform such duties as may be assigned to him. "§ 11-1722. Director of Social Services " (a) There shall be a Director of Social Services in the Superior Court who shall have charge of all social services for the Superior Court, subject to the supervision of the Executive Officer. AVith respect to adults, he shall provide probation services, intake procedures, marital and family counseling, social casework, rehabilitation and training programs, and such other services as the court shall prescribe. With respect to juveniles, he shall provide intake procedures, counseling, e:luca<^ion and training programs, probation services, and such other services as the court shall prescribe.

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"(b) To the maximum extent feasible, the Director shall coordinate with and utilize the services of appropriate public and private agencies within the District of Columbia, and shall coordinate and provide administrative services to volunteers utilized by the Superior Court or any divisions thereof. "(c) As directed by the Executive Officer, the Director shall conduct studies and make reports relating to the utilization of social services as an adjunct to the Superior Court. " (d) The Director shall make recommendations with respect to the consolidation or disposition of causes before the court relating to member's of the same family or household. "§ 11-1723. Fiscal Officer " (a)(1) There shall be a Fiscal Officer in the District of Columbia court system who shall be responsible for the budget of the court system and for the accounts of the courts, subject to the supervision of the Executive Officer. "(2) The Fiscal Officer shall receive, safeguard, and account for all fees, costs, payments, and deposits of money or other items, and shall be responsiole for depositing in the Treasury of the United States all fines, forfeitures, fees, unclaimed deposits, and other moneys. "(3) The Fiscal Officer shall be responsible for the approval of vouchers and the internal auditing of the accounts of the courts and shall arrange for an annual independent audit of the accounts of the courts by the District of Columbia government. "(b) The Fiscal Officer shall give bond with two or more sureties, to be approved by the Joint Committee, in an amount prescribed by the Joint Committee, faithfully to discharge the duties of his office. "§ 11-1724. Auditor-Master "There shall be an Auditor-Master of the Superior Court who shall (1) audit and state fiduciary accounts, (2) execute orders of reference referred by the Superior Court and perform duties in connection with the execution of such orders in accordance with Rule 53 of the Federal Eules of Civil Procedure or other applicable rule, and (3) perform such other functions as may be assigned by the Superior Court. The Auditor-Master shall give bond faithfully to discharge the duties of his office. The bond shall have two or more sureties, to bs approved by the chief judge of the Superior Court, and shall be in an amount prescribed by him. "§ 11-1725. Appointment of nonjudicial personnel " (a) Subject to the approval of the Joint Committee, the Executive Officer shall appoint, and may remove, the Fiscal Officer, and such other personnel whose principal function is to perform duties for both District of Columbia courts. " (b) The Executive Officer shall appoint, and may remove, the Director of Social Services, the clerks of the courts, the AuditorMasteT', and all other nonjudicial personnel for the courts (other than the Register of Wills and personal law clerks and secretaries of the judges) as may be necessary, subject to— "(1) regulations approved by the Joint Committee; and "(2) the approval of the chief judge of the court to which the personnel are or will be assigned. Appointments and removals of court personnel shall not be subject to the laws, rules, and limitations applicable to District of Columbia employees, except as otherwise specified in the District of Columbia Court Reorganization Act of 1970. "§11-1726. Compensation "In the case of nonjudicial employees of the District of Columbia courts whose compensation is not otherwise fixed by this title, the

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Executive Officer shall fix the rates of compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of s^us^c'sioi'^^^' *^^^® ^' United States Code, and such rates shall not exceed the maxi5331. ' mum rate prescribed for GS-15 of the General Schedule, except that Ante, p. 198-1. I\IQ Executive Officer may fix the rates of compensation of— "(1) 5 positions at not to exceed the maximum rate prescribed
 * for GS-16 of the General Schedule; and

"(2) 2 positions at not to exceed the maximum rate prescribed for GS-17. I n fixing the rates of nonjudicial employees under this section, the Executive Officer shall be guided by the rates of compensation fixed for other employees in the executive and judicial branches of the Federal and District of Columbia Governments occupying the same or similar positions or occupying positions of similar responsibility, duty, and difficulty. "§11-1727. Court reporters "(a) The Executive Officer shall appoint reporters who shall be full-time employees of the courts. When necessary, the Executive Officer may contract for additional temporary reporting services. Nothing in this section shall be construed to preclude the Superior Court of the District of Columbia from providing by rule for the sound recording of proceedings in lieu of mechanical (audio or manual) transcription in any branch, division or courtroom of the court. Court reporters shall, in addition to being subject to the general supervision of the Executive Officer, be subject to the supervision of the chief judges of the courts and of the other District of Columbia judges for whom they perform services, regarding the performance of their duties in the respective courts. "(b) I n addition to their annual salaries, court reporters may charge and collect from parties, including the United States and the District of Columbia, who request transcripts of the original records of proceedings, only such fees as may be prescribed from time to time by the Executive Officer. The reporters shall furnish all supplies at their own expense. The Executive Officer shall prescribe such rules, practice, and procedure pertaining to fees for transcripts as he deems necessary, conforming as nearly as practicable to the rules, practice, and procedure established for the United States District Court for the District of Columbia. A fee may not be charged or taxed for a copy of a transcript delivered to a judge at his request or for copies of a transscript delivered to the clerk of a court for the records of the court. Except as to transcripts that are to be paid for by the United States or the District of Columbia, the reporters may require a party requesting a transcript to prepay the estimated fee therefor in advance of delivery of the transcript.

Ante, pp. 480, '**^*

"§ 11-1728. Recruitment and training of personnel "The Executive Officer shall be responsible for recruiting such qualified personnel as may be necessary for the District of Columbia courts and for providing in-service training for court personnel. "§11-1729. Service of United States marshal "The United States Marshal for the District of Columbia shall continue to serve the courts of the District of Columbia, subject to the supervision of the Attorney General of the United States. "§ 11-1730. Reports of court personnel " (a) Judges of the courts shall furnish time and attendance records pursuant to sectious 11-709 and 11-909 to the respective chief judges, with a copy to the Executive Officer.

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"(b) All nonjudicial personnel of the courts shall furnish such reports and information to the Executive Officer as he shall request. "§ 11-1731. Reports of other personnel "The Executive Officer or the chief judge may request such reports as may be necessary to the efficient administration of the courts from— "(1) the United States Attorney for the District of Columbia, "(2) the Corporation Counsel, " (3) the United States Marshal for the District of Columbia, " (4) the Commissioner of the District of Columbia, "(5) the superintendent of any hospitals or institutions to which persons have been committed by the Superior Court, "(6) the District of Columbia Public Defender Service, " (7) the District of Columbia Bail Agency, "(8) the District of Columbia Department of Corrections, "(9) the Chief of the Metropolitan Police Department, "(10) the District of Columbia Department of Public Health, and "(11) the District of Columbia Department of Public Welfare. These officials, agencies, and departments shall furnish such reports and information as may be requested pursuant to this section. " SUBCHAPTER II L — D U T I E S AND R E S P O N S I B I L I T I E S "§ 11-1741. Court operations and organization "Within the respective District of Columbia courts, and subject to Hie supervision of the chief judges thereof, the Executive Officer shall— "(1) supervise, analyze, and improve case assignments, calendars, and dockets; "(2) provide improved services and introduce new methods to better utilize the time of and accommodate government and other witnesses; " (3) supervise, analyze, and improve the management of jurors; "(4) recommend changes and improvements in court rules and jirocedures affecting his administrative responsibilities; "(5) report periodically to the appropriate chief judge with respect to case volumes, backlogs, length of time cases have been pending, number and identity of incarcerated defendants awaiting trial, and such other information as the respective chief judges may request; "(6) mechanize and computerize court operations and services where feasible and desirable and carry on continuing studies and evaluations of increased and innovative uses of mechanization and computerization; "(7) conduct studies and research with respect to court operations on his own initiative or on request of the respective chief judges; "(8) make recommendations to the chief judge of the Superior Court relating to the arrangement and division of the business of that court and the fixing of the time of sessions of the various divisions and branches of that court; and "(9) perform such other duties as may be assigned to him by a chief judge. "§ 11-1742. Property and disbursement " (a) The Executive Officer shall be responsible, subject to the supervision of the Joint Committee, for the management of such buildings and space as may be assigned to the courts and shall maintain liaison

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with the appropriate Federal and District of Columbia officials with respect thereto. " (b) The Executive Officer shall be responsible for the procurement of necessary equipment, supplies, and services for the courts and shall have power, subject to applicable law, to reimburse the District of Columbia government for services provided and to contract for such equipment, supplies, and services as may be necessary. "(c) The Executive Officer shall serve as disbursing officer and payroll officer of the District of Columbia courts and shall assign and distribute necessary equipment and supplies, "§ 11-1743. Annual budget " (a) The Joint Committee shall prepare and submit to the Commissioner of the District of Columbia annual estimates of the expenditures and appropriations necessary for the maintenance and operations of the District of Columbia court system. " (b) All such estimates shall be forwarded to the Bureau of the Budget by the District of Columbia without revision, but subject to the recommendations of the District of Columbia. Similarly, all estimates shall be included in the budget without revision by the President but subject to his recommendations. "§ 11-1744. Information and liaison services "The Executive Officer shall be responsible for— "(1) collecting and compiling statistical information with respect to the volume and disposition of the work of the courts and the personnel of the courts; " (2) printing and the distribution of court rules; "(3) keeping the courts advised of pending legislative and executive actions relating to the courts; " (4) serving as the public information officer of the courts; and "(5) performing such other duties as may be assigned to him by the Joint Committee and the chief judges in their respective courts. "§ 11-1745. Reports and records " (a) The Executive Officer shall prepare and publish, subject to the approval of the Joint Committee, the annual report of the District of Columbia court system of the work of the courts and their operations during the preceding year together with any recommendations relating to the courts. The principal purpose of the annual report shall be to provide meaningful and objective information concerning the performance, progress, and problems of the District of Columbia courts. The report shall include narrative comments analyzing the significance of statistical data and shall show trends with regard to the work of such courts, current data on the age and type of pending cases, and methods of disposition of cases. Nothing in this chapter shall prevent the respective chief judges from preparing and publishing any other reports as they may wish. "(b) The Executive Officer shall be responsible for maintaining and safeguarding the records of the courts. Except for those records required by law to be kept under court seal, he shall make the records available at all reasonable times to— " (1) the United States Department of Justice, "(2) the Commissioner of the District of Columbia, "(8) the District of Columbia Commission on Judicial Disabilities and Tenure, and "(4) such other agencies as the Joint Committee may specify.

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"§ 11-1746. Certification of copies of papers or documents filed in District of Columbia courts "The Executive Officer shall provide that, if any person filing any paper or document in a District of Columbia court requests a certification of such filing, a copy of such paper or document provided by such person shall be appropriately marked for such person to show the time and date of such filing and the identity of the individual with whom such paper or document was filed. Such certified copy shall be prima facie evidence in any proceeding that the original of such paper or document was filed as shown by the certification. "§ 11-1747. Delegation of authority "The Executive Officer and court officers appointed by him may delegate to their subordinates authority and responsibility to perform the functions vested in them by law\ "Chapter 19.—JURIES AND JURORS "Sec. "11-1901. "11-1902. "11-1903. "11-1904. "11-1905. "11-1906.

Qualifications of j u r o r s. Single j u r y selection system. Grand j u r y; additional grand j u r y. Assignment of j u r y panels. Length of service. Fees of j u r o r s.

"Jurors serving within the District of Columbia shall have the same qualifications as provided for jurors in the Federal courts. "§ 11-1902. Single jury selection system "There shall be a single system in the District of Columbia for the selection of jurors for both Federal and District of Columbia courts. The selection system shall be that prescribed by Federal law and executed in accordance therewith as provided by the United States District Court for the District of Columbia. "§ 11-1903. Grand jury; additional grand jury " (a) A grand jury serving in the District of Columbia may take cognizance of all matters brought before it regardless of whether an indictment is returnable in the Federal or District of Columbia courts. " (b) If the United States Attorney for the District of Columbia certifies in writing to the chief judge of the United States District Court for the District of Columbia, or the chief judge of the Superior Court, that the exigencies of the public service require it, the judge may, in his discretion, order an additional grand jury summoned, which shall be drawn at such time as he designates. Unless sooner discharged by order of the judge, the additional grand jury shall serve until the end of the term for which it is drawn. "§ 11-1904. Assignment of jury panels "The names of persons to serve as jurors in the United States District Court for the District of Columbia and the Superior Court shall be drawn from time to time as may be required, and such persons shall be assigned to jury panels within those courts as the courts may decide. "§ 11-1905. Length of service "Petit jurors summoned for service in the District of Columbia shall serve for such period of time and at such sessions as the particular court shall direct, but, unless actually engaged as a trial ]uror in a particular case, may not be required to serve in the court for more than thirty days in any two-year period.
 * § 11-1901. Qualifications of jurors

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"§11-1906. Fees of jurors "Jurors serving in the Superior Court shall receive the same fees as jurors serving in the United States District Court for the District of Columbia. "Chapter 21.—REGISTER OF WILLS "Sec. "11-2101. "11-2102. "11-2103. "11-2104. "11-2105. "11-2106.

^^80 Stat. 443, 5 USC 5101, ^^A^: ,00 1

Continuation of office. Appointment; o a t h; bond; qualifications; compensation. Services a s clerk. Powers and d u t i e s; restrictions; penalties. Deputies and other employees. Accounts.

"§ 11-2101. Continuation of office "The Office of the Register of Wills shall continue as an office in the Probate Division of the Superior Court. "§11-2102. Appointment; oath; bond; qualifications; compensation " (a) The Superior Court shall appoint and remove the Register of Wills. The Register of Wills shall— "(1) take an oath for the faithful and impartial discharge of the duties of his office; and "(2) give bond, with two or more sureties, to be approved by the chief judge of the Superior Court, in the amount designated by the court, faithfully to discharge the duties of his office, and seasonably to record (A) the decrees and orders of the court in any matters over which the court exercises probate jurisdiction or powers, (B) all wills proved before him or the court, and (C) all other matters directed to be recorded in the court or in his office. The bond shall be entered in full upon the minutes of the Superior Court and the original filed with the records of the Superior Court. "(b) A person may not be appointed the Register of Wills for the District of Columbia unless he— " (1) is a citizen of the United States; "(2) has been a member of the bar of the District of Columbia for a period of at least five of the ten years immediately before his appointment; and "(3) has been actively engaged in the practice of probate law in the District of Columbia or otherwise has broad experience in, or knowledge on the subject of, the administration of the estates of deceased persons in the District of Columbia. "(c) The compensation of the Register of Wills shall be fixed by the Superior Court without regard to chapter 51 and subchapter III of chapter 53 of title 5 of the United States Code but at a rate not to exceed the maximum rate prescribed for GS-16 of the General Schedule.

Ante, p. 198-1.

"§ 11-2103. Services as clerk "With respect to the Probate Division of the Superior Court, the Register of Wills shall perform such duties as clerk as the chief judge of the Superior Court may assign. "§ 11-2104. Powers and duties; restrictions; penalties " (a) The Register of Wills may— "(1) receive inventories and accounts of sales, examine vouchers, and state accounts of executors, administrators, collectors, and guardians, subject to final approval of the court; "(2) take the probate of claims against the estates of deceased persons that are properly brought before him, and approve or reject claims not exceeding $300; and

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"(3) take the probate of wills and accept the bonds of executors, administrators, collectors, and guardians, subject to approval of the court. "(b) I n matters over which the Superior Court has probate jurisdiction or powers, the Register of Wills shall— " (1) make full and fair entries, in separate records, of the proceedings of the court; " (2) make fair record in strong bound books of all wills proved before him or the court, keeping separate books for wills within the jurisdiction of the court; "(3) make fair and separate record of other matters required by law to be recorded in the court; "(4) lodge in places of safety, designated by the court, original papers filed with him; "(5) make out and issue every summons, process, and order of the court; " (6) make fair and uniform tables of his fees, and post them in a conspicuous place in his office for the inspection of persons having business therein; " (7) prepare and submit to the Executive Officer of the District of Columbia courts such reports as may be required; and " (8) in every respect, act under the control and direction of the court. "(c) The Register of Wills may not— "(1) practice law in any court of the District of Columbia or of the United States; or "(2) demand or receive any fee, gratuity, gift, or reward for giving his advice in any matter relating to his office. " (d) The Register of Wills shall forfeit to the court the sum of $50 for each day that the tables referred to in subsection (b)(6) are missing through his neglect, which may be recovered as other debts for the same amount are recoverable. "(e) If the Register of Wills or a person acting for him takes a greater fee than the fee provided for by law, he shall pay the party injured $100, which may be recovered as other debts for the same amount are recoverable. "§ 11-2105. Deputies and other employees "The Executive Officer of the District of Columbia courts shall appoint and remove such personnel as may be needed by the Register of Wills, pursuant to chapter 17 of this title. "§ 11-2106. Accounts "All fees, costs, and other moneys, except uncollected fees not required by law to be prepaid, collected by the Register of Wills with respect to matters within the jurisdiction of the Superior Court shall be turned over to the Fiscal Officer of the District of Columbia courts. "Chapter 23.—MEDICAL EXAMINER "Sec. "11-2301. Medical E x a m i n e r; Deputies; appointment, qualifications, and compensation. "11-2302. Supporting services and facilities. •'11-2303. Former duties of coroner; oaths; teaching. "11-2304. Death s to be Investigated; notification and investigation of deaths. "11-2305. Possession of evidence and property. "11-2306. F u r the r investigation; autopsy. "11-2307. Autopsy by pathologist other than medical examiner. "11-2308. Delivery of body; expenses. "11-2309. Records; reports; fees for other services. "11-2310. Records as evidence. "11-2311. Autopsies performed under court order "11-2312. Tis.sue tran.splants.

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[84 STAT.

"§11-2301. Medical Examiner; Deputies; appointment, qualifications, and compensation " (a) The Commissioner of the District of Columbia shall designate or appoint a Chief Medical Examiner and such Deputy Medical Examiners for the District of Columbia as may be necessary. "(b) The Chief Medical Examiner and his deputies shall be physicians licensed in the District of Columbia. The Chief Medical Examiner and at least one deputy shall be certified in anatomic pathology by the American Board of Pathology or be board eligible. They may be designated from among physicians practicing in the District of Columbia Department of Public Health. "(c) The Commissioner shall fix the compensation of the Chief Medical Examiner and his deputies at a rate or rates not in excess of the per diem equivalent of the rate for GS-18 of the General Schedule Ante. p. 198-1. coutalncd iu section 5332 of title 5 of the United States Code. "§ 11-2302. Supporting services and facilities "The Commissioner shall furnish or make available such investigative, technical, and clerical personnel, facilities, and equipment as the medical examiners shall require, or he may arrange or contract for such services, equipment, and facilities with the United States Government or universities and hospitals in the District of Columbia. "§ 11-2303. Former duties of coroner; oaths; teaching " (a) The Chief Medical Examiner shall be responsible for all the medical functions formerly performed by the coroner in the District of Columbia, consistent with the provisions of this chapter, and the Chief Medical Examiner and his deputies may administer oaths and affirmations and take affidavits in connection with the performance of their duties. "(b) The Chief Medical Examiner and his deputies may be authorized by the Commissioner of the District of Columbia to teach medical and law school classes, to conduct special classes for law enforcement personnel, and to engage in other activities related to their work. "§ 11-2304. Deaths to be investigated; notification and investigation of deaths " (a) Under regulations established by the Chief Medical Examiner, the following types of human deaths occurring in the District of Columbia shall be investigated: "(1) Violent deaths, whether apparently homicidal, suicidal, or accidental, including deaths due to thermal, chemical, electrical, or radiational injurj, and deaths due to criminal abortion, whether apparently self-induced or not. "(2) Sudden deaths not caused by readily recognizable disease. "(3) Deaths under suspicious circumstances. "(4) Deaths of persons whose bodies are to be cremated, dissected, buried at sea, or otherwise disposed of so as to be thereafter unavailable for examination. "(5) Deaths related to disease resulting from employment or to accident while employed. "(6) Deaths related to disease which might constitute a threat to public health. "(b) All law enforcement officers, physicians, undertakers, embalmers and other persons shall promptly notify a medical examiner of the occurrence of all deaths coming to their attention which are subject to investigation under subsection (a) of this section and shall assist in making dead bodies and related evidence available to the medical examiner for investigation and autopsy.

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"(c) Any physician, undertaker, or embalmer who willfully fails to comply with this section shall be guilty of a misdemeanor and upon conviction shall be fined not less than $100 nor more than $1,000. " (d) The Chief Medical Examiner shall by regulation prescribe procedures for taking possession of a body following a death subject to investigation under subsection (a) of this section and for obtaining all essential facts concerning the medical causes of death and the names and addresses of as many witnesses as it is practicable to obtain. " (a) At the scene of any death subject to investigation under section 11-2804, a law enforcement officer or the medical examiner shall take possession of any objects or articles useful in establishing the cause of death and shall hold them as evidence. "(b) In the absence of the next of kin, a police officer or the medical examiner may take possession of all property of value found on or in the custody of the deceased. If possession is taken of the property, the police officer or medical examiner shall make an exact inventory of it, and deliver the property to the property clerk of the Metropolitan Police Department. "§ 11-2306. Further investigation; autopsy " (a) If, in the opinion of the medical examine!', the cause of death is established with reasonable medical certainty, he shall complete a report thereon. "(b) If, in the opinion of the Chief Medical Examiner, or the United States attorney, further investigation as to the cause of death is required or the public interest so requires, a medical examiner shall either perform, or arrange for a qualified pathologist to perform, an autopsy on the body of the deceased. No consent of next of kin shall be required for an autopsy performed pursuant to this section. "(c) The medical examiner shall make a complete record of the findings of the autopsy and his conclusions with respect thereto and shall prepare a report, and, upon request, furnish a copy to the appropriate law enforcement agency. "§ 11-2307. Autopsy by pathologist other than medical examiner " (a) If an autopsy is performed by a pathologist other than a medical examiner by request of a medical examiner, the pathologist shall furnish to the medical examiner a complete record of the findings of the autopsy and his conclusions with respect thereto. The medical examiner shall thereupon prepare a report, indicating the name of the pathologist performing the autopsy and his findings and conclusions, and the medical examiner's own comments with respect thereto, if appropriate, and, upon request, shall furnish a copy thereof to the appropriate law enforcement agency. " (b) A pathologist other than a medical examiner who performs an autopsy at the request of a medical examiner shall be compensated in accordance with a fee rate established by the Commissioner of the District of Columbia. "§ 11-2308. Delivery of body; expenses " (a) Following investigation or autopsy, the medical examiner shall release the body of the deceased to the person having the right to the body for purposes of burial pursuant to law. If there is no such person, he shall dispose of it according to law. " (b) Expenses of transportation of a body by a medical examiner and of autopsies performed pursuant to this chapter shall be borne by the District of Columbia. 47-348 O - 72 - 37 (Pt. 1)
 * '§ 11-2305. Possession of evidence and property

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[84 STAT.

"§ 11-2309. Records; reports; fees for other services " (a) The Chief Medical Examiner shall be responsible for maintaining full and complete records and files, properly indexed, giving the name, if known, of every person whose death is investigated, the place where the body was found, the date, cause, and manner of death, and all other relevant information and reports of the medical examiner concerning the death, and shall issue a death certificate. "(b) The records and files maintained under the provisions of subsection (a) of this section shall be open to inspection by the Commissioner of the District of Columbia or his authorized representative, the United States attorney and his assistants, the Metropolitan Police Department, or any other law enforcement agency or official; and the medical examiner shall promptly deliver to such persons copies of all records relating to every death as to which further investigation may be advisable. "(c) Any other person with a legitimate interest may obtain copies of records maintained under the provisions of subsection (a) upon such conditions and jjayment of such fees as may be prescribed by the Chief Medical Examiner. If such person fails to meet the prescribed conditions, he may obtain copies of such records pursuant to court order if the court is satisfied that he has a legitimate interest. " (d) The Chief Medical Examiner shall prepare an annual report to the Commissioner of the District of Columbia containing information on the number of autopsies performed, statistics as to cause of death, and such other relevant information as the Commissioner of the District of Columbia shall require. The report shall be open to inspection by the public. The report shall not identify by name deceased persons examined. "(e) Medical examiners may charge fees, at rates prescribed by the Chief Medical Examiner, for completing insurance forms or performing similar services for private parties. "§ 11-2310. Records as evidence "The records maintained pursuant to section 11-2309, or reproductions thereof certified by the Chief Medical Examiner, are admissable in evidence in any court in the District of Columbia, except that statements made by witnesses or other persons and conclusions upon nonmedical matters are not made admissible by this section. "§ 11-2311. Autopsies performed under court order " I n the case of sudden, violent, or suspicious death when the body is buried without investigation, the United States attorney, on his own motion or on request of a medical examiner or the Metropolitan Police Department, may petition the appropriate court for an order to conduct an inquiry. The court may order the body exhumed and an autopsy performed. In such cases, records and reports shall be filed as if the autopsy were performed prior to burial except that a copy of the report shall be furnished directly to the court. "§ 11-2312. Tissue transplants "The Chief Medical Examiner may allow the removal of tissue pursuant to section 9 of the District of Columbia Tissue Bank Act (D.C. Code, sec. 2-258). "Chapter 25.—ATTORNEYS "Sec.

"11-2501. Admission to bar; regulations; prior admission. "11-2.502. Censure, suspension, or disbarment for cause. "11-2503. Disbarment upon conviction of crime; procedure for censure, suspension or disbarment. "11-2504. Censure, suspension, or disbarment by other courts.

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''§11-2501. Admission to bar; regulations; prior admission " (a) The District of Columbia Court of Appeals shall make such rules as it deems proper respecting the examination, qualification, and admission of persons to membership in its bar, and their censure, suspension, and expulsion. "(b) Members of the bar of the District of Columbia Court of Appeals shall be eligible to practice in the District of Columbia courts. " (c) Members of the bar of the United States District Court for the District of Columbia in good standing on April 1, 1972, shall be automatically enrolled as members of the bar of the District of Columbia Court of Appeals, and shall be subject to its disciplinary jurisdiction. "§ 11-2502. Censure, suspension, or disbarment for cause "The District of Columbia Court of Appeals may censure, suspend from practice, or expel a member of its bar for crime, misdemeanor, fraud, deceit, malpractice, professional misconduct, or conduct prejudicial to the administration of justice. A fraudulent act or misrepresentation by an applicant in connection with this application or admission is sufficient cause for the revocation by the court of his admission. "§ 11-2503. Disbarment upon conviction of crime; procedure for censure, suspension, or disbarment " (a) When a member of the bar of the District of Columbia Court of Appeals is convicted of an offense involving moral turpitude, and a certified copy of the conviction is presented to the court, the court shall, pending final determination of an appeal from the conviction, suspend the member of the bar from practice. Upon reversal of the conviction the court may vacate or modify the suspension. If a final judgment of conviction is certified to the court, the name of the member of the bar so convicted shall be struck from the roll of the members of the bar and he shall thereafter cease to be a member. Upon the granting of a pardon to a member so convicted, the court may vacate or modify the order of disbarment. "(b) Except as provided in subsection (a), a member of the bar may not be censured, suspended, or expelled under this chapter until written charges, under oath, against him have been presented to the court, stating distinctly the grounds of complaint. The court may order the charges to be filed in the office of the clerk of the court and shall fix a time for hearing thereon. Thereupon a certified copy of the charges and order shall be served upon the member personally, or if it is established to the satisfaction of the court that personal service cannot be had, a certified copy of the charges and order shall be served upon him by mail, publication, or otherwise as the court directs. After the filing of the written charges, the court may suspend the person charged from practice at its bar pending the hearing thereof. "§ 11-2504. Censure, suspension, or disbarment by other courts "The Federal courts in the District of Columbia and the Superior Court may censure, suspend, or expel an attorney from the practice at their respective bars, for a crime involving moral turpitude, or professional misconduct, or conduct prejudicial to the administration of justice. If an attorney is expelled from practice under this section, the court expelling him shall notify the other Federal courts in the District of Columbia and the District of Columbia Court of Appeals of the action taken."

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[84 STAT.

PART B—PROCEEDINGS REGARDING JUVENILE DELINQUENCY AND RELATED MATTERS REVISION OF CHAPTER 23 OF TITLE 1 6

77 Stat. 586.

gj,^. 121. (a) Chapter 23 of title 16 of the District of Columbia Code is amended to read as follows:

"Chapter 23.—FAMILY DIVISION PROCEEDINGS "SUBCHAPTER I.—PROCEEDINGS REGARDING DELINQUENCY, NEGLECT, OR NEED OF SUPERVISION "Sec.

"16-2301. "16-2302, "16-2303. "16-2304. "16-2305. "16-2306. "16-2307. "16-2308. "16-2309. "16-2310. "16-2311. "16-2312. "16-2313. "16-2314. "16-2315. "16-2316. "16-2317. "16-2318. "16-2319. "16-2320. "16-2321. "16-2322. "16-2323. "16-2324. "16-2325. "16-2326. "16-2327. "16-2328. "16-2329. "16-2330. "16-2331. "10-2332. "16-2333. "16-2334. "16-2335. "16-2336. "16-2337.

Definitions. Transfer of criminal matters to Family Division. Retention of jurisdiction. Right to counsel. Petition; contents; amendment. Service of summons, and petition. Transfer for criminal prosecution. Initial appearance. Taking into custody. Criteria for detaining children. Release or delivery to Family Division. Detention or shelter care hearing; intermediate disposition. Place of detention or shelter. Consent decree. Physical and mental examinations. Conduct of hearings; evidence. Hearings, findings; dismissal. Order of adjudication noncriminal. Predisposition study and report. Disposition of child who is neglected, delinquent, or in need of supervision. Disposition of mentally ill or substantially retarded child. Limitation of time on dispositional orders. Modification, termination of orders. Support of committed child. Court costs and expenses. Probation revocation; disposition. Interlocutory appeals. Finality of judgments; appeals; transcripts. Time computation. Juvenile case records; confidentiality; inspection and disclosure. Juvenile social records; confidentiality; inspection and disclosure. Police and other law enforcement records. Fingerprint records. Sealing of records. Unlawful disclosure of records; penalties. Additional powers of the Director of Social Services. Emergency medical treatment. "SUBCHAPTER IL—PATERNITY PROCEEDINGS

"16-2341. "16-2342. "16-2343. "16-2344. "16-2345. "16-2346. "16-2347. "16-2348.

Representation. Time of bringing complaint. Blood tests. Exclusion of public. New birth record upon marriage of natural parents. Reports to Director of Public Health. Death of respondent; liability of estate. Paternity records; confidentiality; inspection and disclosure.

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"SUBCHAPTER I.—PROCEEDINGS REGARDING DELINQUENCY, N E G L E C T, OR N E E D OF S U P E R VI S I O N "§ 16-2301. Definitions "As used in this subchapter— "(1) The term 'Division' means the Family Division of the Superior Court of the District of Columbia. "(2) The term 'judge' means a judge assigned to the Family Division of the Superior Court. "(3) The term 'child' means an individual who is under 18 years of age, except that the term 'child' does not include an individual who is sixteen years of age or older and— " (A) charged by the United States attorney with (i) murder, forcible rape, burglary in the first degree, robbery while armed, or assault with intent to commit any such offense, or (ii) an offense listed in clause (i) and any other offense properly joinable with such an offense; " (B) charged with an offense referred to in subparagraph (A) (i) and convicted by plea or verdict of a lesser included offense; or " (C) charged with a traffic offense. For purposes of this subchapter the term 'child' also includes a person under the age of twenty-one who is charged with an offense referred to in subparagraph (A)(i) or (C) committed before he attained the age of sixteen, or a delinquent act committed before he attained the age of eighteen. "(4) The term 'minor' means an individual who is under the age of twenty-one years. "(5) The term 'adult' means an individual who is twenty-one years of age or older. "(6) The term 'delinquent child' means a child who has committed a delinquent act and is in need of care or rehabilitation. "(7) The term 'delinquent act' means an act designated as an offense under the law of the District of Columbia, or of a State if the act occurred in a State, or under Federal law. Traffic offenses shall not be deemed delinquent acts unless committed by an individual who is under the age of sixteen. "(8) The term 'child in need of supervision' means a child who— " (A)(i) is subject to compulsory school attendance and habitually truant from school without justification; " (ii) has committed an offense committable only by children; or "(iii) is habitually disobedient of the reasonable and lawful commands of his parent, guardian, or other custodian and is ungovernable; and " (B) is in need of care or rehabilitation. " (9) The term 'neglected child' means a child— " (A) who has been abandoned or abused by his parent, guardian, or other custodian; " (B) who is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health, and the deprivation is not due to the lack of financial means of his parent, guardian, or other custodian; " (C) whose parent, guardian, or other custodian is unable to discharge his responsibilities to and for the child because of incarceration, hospitalization, or other physical or mental incapacity; or " (D) who has been placed for care or adoption in violation of law.

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PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

No child who in good faith is under treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone, be considered a neglected child for purposes of this subchapter. "(10) The term 'mentally ill child' means a child who is mentally [\i within the meaning of section 21-501. "(11) The term 'substantially retarded child' means a child who is substantially retarded within the meaning of section 21-1101. "(12) The term 'custodian' means a person or agency, other than a parent or legal guardian, to whom legal custody of a child has been given by court order and who is acting in loco parentis. "(13) The term 'detention' means the temporary, secure custody of a child in facilities, designated by the Division, pending a final disposition of a petition. "(14) The term 'shelter care' means the temporary care of a child in physically unrestricting facilities, designated by the Division, pending a final disposition of a petition. "(15) The term 'detention or shelter care hearing' means a hearing to determine whether a child who is in custody should be placed or continued in detention or shelter care. "(16) The term 'factfinding hearing' means a hearing to determine whether the allegations of a petition are true. "(17) The term 'dispositional hearing' means a hearing, after a finding of fact, to determine— " (A) whether the child in a delinquency or need of supervision case is in need of care or rehabilitation and, if so, what order of disposition should be made; or " (B) what order of disposition should be made in a neglect case. " (18) The term 'probation' means a legal status created by Division order following an adjudication of delinquency or need of supervision, whereby a minor is permitted to remain in the community subject to appropriate supervision and return to the Division for violation of probation at any time during the period of probation. "(19) The term 'protective supervision' means a legal status created by Division order in neglect cases whereby a minor is permitted to remain in his home under supervision, subject to return to the Division during the period of protective supervision. "(20) The term 'guardianship of the person of a minor' means the duty and authority to make important decisions in matters having a permanent effect on the life and development of the minor, and concern with his general welfare. I t includes (but is not limited to)— " (A) authority to consent to marriage, enlistment in the armed forces of the United States, and major medical, surgical, or psychiatric treatment; to represent the minor in legal actions; and to make other decisions concerning the minor of substantive legal significance; " (B) the authority and duty of reasonable visitation (except as limited by Division o r d e r); " (C) the rights and responsibilities of legal custody when guardianship of the person is exercised by the natural or adoptive parent (except where legal custody has been vested in another person or an agency or institution); and " (D) the authority to exercise residual parental rights and responsibilities when the rights of his parents or only living parent have been judicially terminated or when both parents are dead.

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"(21) The term 'legal custody" means a legal status created by Division order which vests in a custodian the responsibility for the cusftody of a minor which includes— " (A) physical custody and the determination of where and with whom the minor shall live; " (B) the right and duty to protect, train, and discipline the minor; and " (C) the responsibility to provide the minor with food, shelter, education, and ordinary medical care. A Division order of "legal custody' is subordinate to the rights and responsibilities of the guardian of the person of the minor and any residual parental rights and responsibilities. "(22) The term 'residual parental rights and responsibilities' means those rights' and responsibilities remaining with the parent after transfer of legal custody or guardianship of the person, including (but not limited to) the right of visitation, consent to adoption, and determination of religious affiliation and the responsibility for support. "§ 16-2302. Transfer of criminal matters to Family Division " (a) If it appears to a court, during the pendency of a criminal charge and before the time when jeopardy would attach in the case of an adult, that a minor defendant was a child at the time of an alleged offense, the court shall forthwith transfer the charge against the defendant, together with all papers and documents connected therewith, to the Division. All action taken by the court prior to transfer of the case shall be deemed null and void unless the Division transfers the child for criminal prosecution under section 16-2307. "(b) If at the time of an alleged offense, a minor defendant was a child but this fact is not discovered by the court until after jeopardy has attached, the court shall proceed to verdict. If judgment has not been entered, the court shall determine on the basis of the criteria in section 16-2307 (e) whether to enter judgment or to refer the case to the Division for disposition. If judgment has been entered, it shall not be set aside on the ground of the defendant's age unless the court, after hearing, determines that (1) neither the defendant nor his counsel, prior to the entry of judgment, had reason to believe that defendant was under the age of eighteen years, and (2) the defendant would not have been transferred for criminal prosecution if his age had been known and the procedure set forth in section 16-2307 had been followed. If the judgment is set aside, the case shall be referred to the Division for disposition. The disposition and all prior proceedings in any court of any case referred to the Division for disposition pursuant to this section shall be subject to the confidentiality provisions of sections 16-2330 through 16-2335. "(c) The court making a transfer shall order the minor to be taken forthwith to the Division or to a place of detention designated for children by the Division. The Division shall then proceed as provided in this subchapter. " (d) Nothing in this section shall affect the jurisdiction of a court over a person twenty-one years of age or older. "§ 16-2303. Retention of jurisdiction "For purposes of this subchapter, jurisdiction obtained by the Division in the case of a child shall be retained by it until the child becomes twenty-one years of age, unless jurisdiction is terminated before that time. This section does not affect the jurisdiction of other divisions of the Superior Court or of other courts over offenses committed by a person after he ceases to be a child. If a minor already under the jurisdiction of the Division is convicted in the Criminal Division or another court of a crime committed after he ceases to be a child, the Family Division may, in appropriate cases, terminate its jurisdiction.

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