Section 1 Short title
This Act may be cited as the “District of Columbia Courts Improvement Act of 2022”.
District of Columbia Courts Improvement Act of 2022
A BILL
To amend title 11, District of Columbia Official Code, to modernize the rules and procedures for the service of jurors in District of Columbia courts, to adjust compensation rates for criminal justice investigators and attorneys representing indigent defenders, and for other purposes.
Sec. 2 Modernization of rules and procedures relating to service of jurors
Establishing fees for jurors serving in Superior Court of the District of Columbia at same rates paid for jurors serving in United States district courts—
Establishment of fees— Section 11–1912(a), District of Columbia Official Code, is amended to read as follows:
“(a) Grand and petit jurors serving in the Superior Court shall receive fees and allowances at the same rates provided under section 1871 of title 28, United States Code, for fees and allowances paid to grand and petit jurors appearing in the district courts of the United States.”
Effective date— The amendment made by paragraph (1) shall apply with respect to fees and allowances paid on or after the first day of the first fiscal year which begins after the date of the enactment of this Act.
Modernizing process for serving of qualification forms and summonses—
Juror qualification forms— Section 11–1906(c), District of Columbia Official Code, is amended—
in paragraph (1), by striking “shall provide that a juror qualification form be mailed” and inserting “shall require that a juror qualification form be provided”;
in paragraph (2), by striking “return” and inserting “submit”; and
by adding at the end the following new paragraph:
“(3) The jury system plan shall provide that a juror qualification form be provided by mail to each prospective juror, except that the plan may permit the form to be provided by electronic communication to a prospective juror with the affirmative consent of the prospective juror.”
Summonses— Section 11–1907(a), District of Columbia Official Code, is amended by striking the last sentence and inserting the following: “Under the jury system plan, service of prospective jurors may be made personally, by mail, or, with the affirmative consent of the prospective juror, by electronic communication.”
Permitting individuals 70 years of age or older To opt out of service— Section 11–1908(b), District of Columbia Official Code, is amended—
by striking “or (4)” and inserting “(4)”; and
by striking the period at the end of the first sentence and inserting the following: “; or (5) excluded by the Court upon the request of the individual if the individual is 70 years of age or older.”.
Sec. 3 Adjustments in compensation rates for certain personnel
Attorneys representing indigent defendants—
In general— Section 11–2604(a), District of Columbia Official Code, is amended by striking “at a fixed rate of $90 per hour” and inserting “an hourly rate not to exceed the rate payable under section 3006A(d)(1) of title 18, United States Code”.
Effective date— The amendments made by this subsection shall apply with respect to cases and proceedings initiated on or after the date of the enactment of this Act.
Criminal justice investigators—
In general— Section 11–2605, District of Columbia Official Code, is amended by striking “a fixed rate of $25 per hour” each place it appears in subsections (b) and (c) and inserting “a rate not to exceed the rate payable for such services in the United States District Court for the District of Columbia”.
Effective date— The amendments made by this subsection shall apply with respect to investigative services provided in connection with cases and proceedings initiated on or after the date of the enactment of this Act.
Sec. 4 Authority of Executive Officer of Courts over Register of Wills
Appointment and removal—
In general— Section 11–1725(b), District of Columbia Official Code, is amended—
by inserting “the Register of Wills,” after “the clerks of the courts,”; and
by striking “(other than the Register of Wills and personal law clerks and secretaries of the judges)” and inserting “(other than personal law clerks and judicial administrative assistants of the judges)”.
Conforming amendment— Section 11–2102(a), District of Columbia Official Code, is amended by striking “The Superior Court shall appoint and remove” and inserting “Pursuant to section 11–1725(b), the Executive Officer of the District of Columbia Courts shall appoint and may remove”.
Determination of compensation— Section 11–2102(c), District of Columbia Official Code, is amended to read as follows:
“(c) The compensation of the Register of Wills shall be fixed in accordance with section 11–1726(a).”
Assignment of duties— Section 11–2103, District of Columbia Official Code, is amended by striking “the chief judge of the Superior Court” and inserting “the Executive Officer of the District of Columbia Courts”.
Sec. 5 Authorization of retroactive pay adjustments for court employees
Section 11–1726, District of Columbia Official Code, is amended by adding at the end the following new subsection:
“(d) Retroactive pay may be payable to an employee of the District of Columbia courts by reason of an increase in the salary or pay schedule applicable to the employee pursuant to this section which occurs during fiscal year 2022 or any succeeding fiscal year, but only if—
“(1) the employee is in the service of the District of Columbia courts on the date of final action by the Executive Officer regarding the increase; or
“(2) the employee retired or died during the period beginning on the effective date of the increase and ending on the date of final action by the Executive Officer regarding the increase, except that retroactive pay for such an employee shall be provided only with respect to services performed during that period.”
Sec. 6 Authorization of courts to carry out certain administrative functions
Retention of fees received for administering bar examinations and processing bar admissions— Section 11–2501(a), District of Columbia Official Code, is amended—
by striking “(a) The District” and inserting “(a)(1) The District”; and
by adding at the end the following new paragraph:
“(2) Notwithstanding the third sentence of section 450 of the District of Columbia Home Rule Act (sec. 1–204.50, D.C. Official Code), the District of Columbia Court of Appeals may retain any amounts received as fees for administering bar examinations and processing District of Columbia Bar admissions and use such amounts for the salaries and expenses incurred in administering bar examinations and processing bar admissions. Any amounts retained under this paragraph shall remain available until expended.”
Specific authority To accept gifts—
Authority described— Section 11–1742, District of Columbia Official Code, is amended by adding at the end the following new subsection:
“(e)
“(1) The Executive Officer may solicit, accept, and use money, funds, property, and voluntary and uncompensated services of any kind made available by gift, donation, devise, bequest, grant, or otherwise to carry out the authorized functions or duties of the District of Columbia Courts.
“(2) The District of Columbia Courts shall keep accurate and detailed records of the acceptance and use of any gift, donation, devise, bequest, grant, or other money, funds, property, or services accepted under paragraph (1), and shall make such records available for audit.”
Conforming amendment relating to existing authority— Section 115 of the District of Columbia Appropriations Act, 2003 (Public Law 108–7; 117 Stat. 124) is amended—
in paragraph (2), by striking “and the District of Columbia courts”; and
in subsection (c), by striking the period at the end and inserting the following: “, but does not include the District of Columbia courts”.
Clarification of authority To procure motor vehicles— Section 11–1742(b), District of Columbia Official Code, is amended by striking “necessary equipment,” and inserting “necessary equipment (including motor vehicles),”.
Additional authority To allot or permit use of available space in court buildings— Section 11–1742, District of Columbia Official Code, as amended by subsection (b), is further amended by adding at the end the following new subsection:
“(f)
“(1) In addition to any authority provided under any other law, regulation, or guidance, the District of Columbia Courts may enter into an agreement to allot or permit the use by District of Columbia or Federal agencies, legal services providers, or any other individual or entity of space in a building owned by or assigned or leased to the District of Columbia Courts if—
“(A) the District of Columbia or Federal agency, legal services provider, or other individual or entity applies to the Executive Officer for the use of such space;
“(B) the space is available;
“(C) the Executive Officer determines that the allotment or use of the space is in the interest of the District of Columbia Courts; and
“(D) the agreement for the allotment or use of the space provides that the allotment or use of the space may be revoked at any time.
“(2) Under an agreement for the allotment or use of space which is entered into under the authority of this subsection, the space may be provided without charge for rent or services. For purposes of this paragraph, the term services includes the providing of lighting, heating, cooling, electricity, office furniture, office machines and equipment, classroom furnishings and equipment, kitchen appliances, telephone service (including installation of lines and equipment and other expenses associated with telephone services), and security systems (including installation and other expenses associated with security systems), including replacement equipment, as needed.
“(3) Nothing in title 31, United States Code, or any other law may be construed to prohibit or restrict a party to an agreement entered into under the authority of this subsection from paying the costs associated with the allotment or use of space under the agreement by reimbursement to the Treasury of the United States or the Crime Victims Fund.”
Sec. 7 Updates to treatment of small claims
Authority of courts To determine hours for transaction of business—
Repeal of mandatory sessions hours— Title 11, District of Columbia Official Code, is amended by striking section 11–1302.
Clerical amendment— The table of sections at the beginning of subchapter I of chapter 13 of title 11, District of Columbia Official Code, is amended by striking the item relating to section 11–1302.
Increase in limit on amount of claim under jurisdiction of Branch—
Increase— Section 11–1321, District of Columbia Official Code, is amended—
in the first sentence, by striking “The Small Claims” and inserting “(a) The Small Claims”;
in the first sentence, by striking “$10,000” and inserting “$10,000 (or, in the case of an action brought during any 5-year period described in subsection (b), the applicable limit under such subsection)”;
in the second sentence, by striking “Branch” and inserting “Small Claims Branch”;
in the third sentence, by striking “Branch” and inserting “Small Claims Branch”;
in the third sentence, by striking “Civil Division” and inserting “Civil Actions Branch”; and
by adding at the end the following new subsections:
“(b) The applicable limit under this subsection is the following:
“(1) In the case of an action brought during the 5-year period which begins on the first day of the first calendar year beginning after the date of the enactment of the District of Columbia Courts Improvement Act of 2022, $12,000.
“(2) In the case of an action brought during any succeeding 5-year period, the applicable limit under this subsection for the preceding 5-year period, increased by the percentage increase, if any, in the Consumer Price Index for All Urban Consumers, published by the Bureau of Labor Statistics of the Department of Labor, over such preceding 5-year period, except that if such increased limit is not a multiple of $100, such limit shall be rounded to the nearest multiple of $100.”
Effective date— The amendment made by paragraph (1) shall apply with respect to claims brought on or after the date of the enactment of this Act.
Permitting use of mediation To settle cases—
In general— Section 11–1322, District of Columbia Official Code, is amended to read as follows:
“11–1322. Arbitration, mediation, and conciliation
“In order to affect the speedy settlement of controversies, and with the consent of the parties, the Small Claims Branch may settle cases, irrespective of the amount involved, by the methods of arbitration, mediation, or conciliation. A judge sitting in the Small Claims Branch may act as a referee, arbitrator, or mediator, either alone or in conjunction with other persons, as provided by rules of the court. A judge, officer, or employee of the Superior Court may not accept any fee or compensation in addition to that person’s salary for services performed pursuant to this section.”
Clerical amendment— The table of sections at the beginning of subchapter II of chapter 13 of title 11, District of Columbia Official Code, is amended by amending the item relating to section 11–1322 to read as follows:
Revision to references to Small Claims and Conciliation Branch—
In general— Chapter 13 of title 11, District of Columbia Official Code, as amended by this section, is amended by striking “and Conciliation” each place if appears in the following sections;
Section 11–1301.
Section 11–1321.
Section 11–1322.
Section 11–1323.
Clerical amendment— The table of chapters of title 11, District of Columbia Official Code, is amended by amending the item relating to chapter 13 to read as follows:
Sec. 8 Revisions to certain references
References to Domestic Violence Division—
In general— The District of Columbia Official Code is amended by striking “Domestic Violence Unit” each place it appears in the following sections and inserting “Domestic Violence Division”:
Section 11–902(d).
Section 11–1101(b)(2).
Section 11–1732.
Special rules for magistrate judges— Section 11–1732A, District of Columbia Official Code, is amended—
in the heading, by striking “Domestic Violence Unit” and inserting “Domestic Violence Division”; and
by striking “Domestic Violence Unit” each place it appears and inserting “Domestic Violence Division”.
Clerical amendment— The table of sections at the beginning of subchapter II of chapter 17 of title 11, District of Columbia Official Code, is amended by amending the item relating to section 11–1732A to read as follows:
References to individuals with intellectual disabilities—
Section 11–501(2)(D), District of Columbia Official Code, is amended by striking “substantially retarded persons” and inserting “persons with moderate intellectual disabilities”.
Section 11–921(a)(4)(D), District of Columbia Official Code, is amended by striking “substantially retarded persons” and inserting “persons with moderate intellectual disabilities”.
Section 11–1101(a)(15), District of Columbia Official Code, is amended by striking “the at least moderately mentally retarded” and inserting “persons with moderate intellectual disabilities”.