revision of title 11

revision of title 11 Sec. 111. Title 11 of the District of Columbia Code is amended to read as follows: ‘TITLE 11.— ORGANIZATION AND JURISDICTION OF THE COURTS “Chap. Sec. “1. General Provisions11–101 “3. United States Court of Appeals for the District of Columbia Circuit11–301 “5. United States District Court for the District of Columbia11–501 “7. District of Columbia Court of Appeals11–701 “9. Superior Court of the District of Columbia11–901 “11. Family Division of the Superior Court11–1101 “12. Tax Division of the Superior Court11–1201 “13. Small Claims and Conciliation Branch of the Superior Court11–1301 “15. Judges of the District of Columbia Courts11–1501 “17. Administration of District of Columbia Courts11–1701 “19. Juries and Jurors11–1901 “21. Register of Wills11–2101 “23. Medical Examiner11–2301 “25. Attorneys11–2501 “Chapter 1.— GENERAL PROVISIONS “Sec. “11–101. Judicial power. “11–102. Status of District of Columbia Court of Appeals. “§ 11–101. Judicial power “The judicial power in the District of Columbia is vested in the following courts: “(1) The following Federal Courts established pursuant to article 111 of the Constitution: “(A) The Supreme Court of the United States. “(B) The United States Court of Appeals for the District of Columbia Circuit. “(C) The United States District Court for the District of Columbia. “(2) The following District of Columbia courts established pursuant to article I of the Constitution: “(A) The District of Columbia Court of Appeals. “(B) The Superior Court of the District of Columbia. “§ 11–102. Status of District of Columbia Court of Appeals “The highest court of the District of Columbia is the District of Columbia Court of Appeals. Final judgments and decrees of the District of Columbia Court of Appeals are reviewable by the Supreme Court of the United States in accordance with section 1257 of title 28, United States Code. 84 Stat. 476 “Chapter 3.— UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT “Sec. “11–301. Jurisdiction of appeals from the District of Columbia Court of Appeals. “§ 11–301. Jurisdiction of appeals from the District of Columbia Court of Appeals “In addition to its jurisdiction as a United States court of appeals and any other jurisdiction conferred on it by law, the United States Court of Appeals for the District of Columbia Circuit has jurisdiction of appeals from judgments of the District of Columbia Court of Appeals— “(1) with respect to violations of criminal laws of the United States which are not applicable exclusively to the District of Columbia if a petition for the allowance of an appeal from that judgment is filed within ten days after its entry; or “(2) entered before the effective date of the District of Columbia Court Reorganization Act of 1970 in any other case if a petition for the allowance of an appeal from that judgment is filed within ten days after its entry. “Chapter 5.— UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA “subchapter i.— jurisdiction “Sec. “11–501. Civil jurisdiction. “11–302. Criminal jurisdiction. “11–508. Removal of cases from the Superior Court of the District of Columbia. “subchapter ii.— auditor “11–521. Appointment of Auditor. “SUBCHAPTER I.— JURISDICTION “§ 11–501. Civil jurisdiction “In addition to its jurisdiction as a United States district court and any other jurisdiction conferred on it by law. the United States District Court for the District of Columbia has jurisdiction of the following: “(1) Any civil action or other matter begun in the court before the effective date of the District of Columbia Court. Reorganization Act of 1970 other than any matter over which the Superior Court of the District of Columbia takes jurisdiction under section ll–921(a)(4)(G) or 11–921 (a)(5)(B). “(2) During the eighteen-month period beginning on such effective date, any civil action or other matter which is brought under— “(A) chapter 3 of title 21 (relating to gifts to minors); “(B) chapter 5 of title 21 (relating to hospitalization of the mentally ill); “(C) chapter 7 of title 21 (relating to property of the mentally ill); “(D) chapter 11 of title, 21 (relating to commitment and maintenance of substantially retarded persons); “(E) chapter 13 of title 21 (relating to appointment of committees for alcoholics and addicts): or “(F) chapter 15 of title 21 (relating to appointment of conservators) . “(3) During the thirty-month period beginning on such effective date, any civil action or other matter— 84 Stat. 477 “(A) which is brought under chapter 29 of title 16 (relating to partition and assignment of dower); “(B) which would have been within Hie jurisdiction of the Orphans Court of Washington County, District of Columbia, before June 21, 1870; “(C) relating to the execution or validity of wills devising real property within the District of Columbia, and of wills and testaments properly presented for probate in the United States District Court for the District of Columbia, and the admission to probate and recording of those wills; “(D) relating to the proof of wills of either persona] or real property and the revocation of probate of wills for cause; “(E) involving the granting and revocation for cause of letters testamentary, letters of administration, letters ad colligendum and letters of guardianship, and the appointment of successors to persons whose letters have been revoked. “(F) involving the hearing, examination, and issuance of decrees upon accounts, claims, and demands existing between executors or administrators and legatees or persons entitled to a distributive share of an intestate estate, or between wards and their guardians; “(G) involving the enforcement of the rendition of inventories and accounts by executors, administrators, collectors, guardians, and trustees required to account to the court, “(H) involving the enforcement of distribution of estates by executors and administrators and the payment or delivery by guardians of money or property belonging to their wards: or “(I) otherwise within the probate jurisdiction of the court on the day before such effective date. “(4) Any civil action (other than a matter over which the Superior Court of the District of Columbia has jurisdiction under paragraph (3) or (4) of section 11–921 (a)) begun in the court during the thirty-month period beginning on such effective date wherein the amount in controversy exceeds $50,000. “§ 11–502. Criminal jurisdiction “In addition to its jurisdiction as a United States district court and any other jurisdiction conferred on it by law, the United States District Court for the District of Columbia has jurisdiction of the following: “(1) Any criminal ease begun in the court by the return of an indictment or the filing of an information be fore the effective date of the District of Columbia Court Reorganization Act of 1970. “(2) Any criminal case which is begun in the court by the return of an indictment or the filing of an information during the eighteen-month period beginning on such effective date and which— “(A) involves a violation of any one of the following sections of the Act entitled ‘An Act to establish a code of law for the District of Columbia’, approved March 3, 1901: “(i) section 809 (D.C. Code. sec. 22–201) (relating to abortion), “(ii) section 803 (D.C. Code, sec. 22–501) (relating to assault, with intent to kill, rob, rape, or poison), “(iii) section 823(a)(D.C. Code, sec. 22–1801 (a)) (relating to burglary in the first degree), “(iv) section 812 (D.C. Code. sec. 22–2101) (relating to kidnapping), “(v) sections 798 through 802 (D.C. Code. secs, 22–2401 through 22–2405) (relating to murder and manslaughter), 84 Stat. 478 “(vi) section 808 (D.C. Code. sec. 22–2801) (relating to rape), “(vii) section 810 (D.C. Code. sec. 22–2901) (relating to robbery); or “(B) involves any other offense under any law applicable exclusively to the District of Columbia which offense is joined in such information or indictment with any of the offenses listed in subparagraph (A). “(3) Any offense under any law applicable exclusively to the District of Columbia which offense is joined in the same information or indictment, with any Federal offense. “§ 11–503. Removal of cases from the Superior Court of the District of Columbia “A civil action or criminal prosecution in the Superior Court of the District of Columbia is removable to the United States District Court for the District of Columbia in accordance with chapter 89 of title 28, United States Code. “SUBCHAPTER II.— AUDITOR “§ 11–521. Appointment of Auditor “For so long as the business of the court may require, the United States District Court for the District of Columbia may appoint an Auditor for the court. “Chapter 7.— DISTRICT OF COLUMBIA COURT OF APPEALS “subchapter i.— continuation and organization “Sec. “11–701. Continuation of court; court of record; seal. “11–702. Composition. “11–703. Judges; service; compensation. “11–704. Oath of judges. “11–705. Assignment of judges; divisions; hearings. “11–706. Absence, disability, or disqualification of Judges; vacancies; quorum. “11–707. Assignment of judges to and from Superior Court. “11–708. Clerks and secretaries for judges. “11–700. Reports. “subchapter ii.— jurisdiction “11–721. Orders and judgments of the Superior Court. “11–722. Administrative orders and decisions. “subchapter iii.— miscellaneous provisions “11–741. Contempt powers. “11–742. Oaths, affirmations, and acknowledgements. “11–743. Rules of court. “SUBCHAPTER I.— CONTINUATION AND ORGANIZATION “§ 11–701. Continuation of court; court of record; seal “(a) The District of Columbia Court of Appeals (hereafter in this subchapter referred to as the ‘court’) shall continue as a court of record in the District of Columbia. “(b) The court shall have a seal. “§ 11–702. Composition “The court shall consist of a chief judge and eight associate judges. 84 Stat. 479 “§ 11–703. Judges; service; compensation “(a) The chief judge and the judges of the court shall serve in accordance with chapter 15 of this title. “(b) judges of the court shall be compensated at 90 per centum of the rate prescribed by law for judges of the United States courts of appeals. The chief judge, during his service in that position, shall receive an additional $500 per annum. “§ 11–704. Oath of judges “Each judge, when appointed, shall take the oath prescribed for judges of courts of the United States. “§ 11–705. Assignment of judges; divisions; hearings “(a) Judges of the court shall sit on the court and its divisions in such order and at such times as the court directs. “(b) Cases and controversies shall be heard and determined by divisions of the court unless a hearing or rehearing before the court in banc is ordered. Each division of the court shall consist of three judges. “(c) A hearing before the court in banc may be ordered by a majority of the judges of the court in regular active service. The court in banc for a hearing shall consist of the judges of the court in regular active service. “(d) A rehearing before the court in banc may be ordered by a majority of the judges of the court in regular active service. The court in banc for a rehearing shall consist of the judges of the court in regular active service, except that a retired judge may sit as a judge of the court in banc in the rehearing of a case or controversy if he sat on the court or a division of the court at the original hearing thereof. “§ 11–706. Absence, disability, or disqualification of judges; vacancies; quorum “(a) When the chief judge of the court is absent or disabled, liis duties shall devolve upon and be performed by such associate judge as the chief judge may designate in writing. In the event that the chief judge is (1) disqualified or suspended, or (2) unable or fails to make such a designation, his duties shall devolve upon and be performed by the associate judges of the court according to the seniority of their original commissions. “(b) A chief judge whose term as chief judge has expired shall continue to serve until redesignated or until his successor has been designated. When there is a vacancy in the position of chief judge, the position shall be filled temporarily as provided in subsection (a). “(c) Two judges shall constitute a quorum of a division of the court, and six judges shall constitute a quorum of the court sitting in banc. “§ 11–707. Assignment of judges to and from Superior Court “(a) The chief judge of the District of Columbia Court of Appeals may designate and assign temporarily one or more judges of the Superior Court of the District of Columbia to serve on the District of Columbia Court of Appeals or a division thereof whenever the business of the District of Columbia Court of Appeals so requires. Such designations or assignments shall be in conformity with the rules or orders of the District of Columbia Court of Appeals. “(b) Upon presentation of a certificate of necessity by the chief judge of the Superior Court of the District of Columbia, the chief judge of the District of Columbia Court of Appeals may designate 84 Stat. 480and assign temporarily one or more judges of the District of Columbia Court of Appeals to serve as a judge of the Superior Court of the District of Columbia. “§ 11–708. Clerks and secretaries for judges “Each judge may appoint and remove a personal secretary. The chief judge may appoint and remove two personal law clerks, and each associate judge may appoint and remove a personal law clerk. In addition, the chief judge may appoint and remove not more than three law clerks for the court. The law clerks appointed for the court shall serve as directed by the chief judge. ‘§ 11–709. Reports “Each judge shall submit to the chief judge such reports and data as the chief judge may request. Each judge shall submit a monthly written report to the chief judge and the Commission on Judicial Disabilities and Tenure which shall be in a form prescribed by the chief judge after consultation with the Commission and which shall set forth the following: “(1) The number of days’ attendance in court of the judge during the month covered. “(2) The division of the court which he attended. “(3) The number of hours per day of his attendance. “(1) The number and type of matters disposed of by the judge during the month covered. “(5) Such other data as the chief judge may require. “SUBCHAPTER II.— JURISDICTION “§ 11–721. Orders and judgments of the Superior Court “(a) The District of Columbia Court of Appeals has jurisdiction of appeals from— “(1) all final orders and judgments of the Superior Court of the District of Columbia; “(2) interlocutory orders of the Superior Court of the District of Columbia— “(A) granting, continuing, modifying, refusing, or dissolving or refusing to dissolve or modify injunctions; “(B) appointing receivers, guardians, or conservators or refusing to wind up receiverships, guardianships, or the administration of conservators or to take steps to accomplish the purposes thereof; or “(C) changing or a ffecting the possession of property; and “(3) orders or rulings of the Superior Court of the District of Columbia appealed by the United States or the District of Columbia pursuant to section 23–104 or 23–111(d)(2). “(b) Except as provided in subsection (c) of this section, a party aggrieved by an order or judgment specified in subsection (a) of this section, may appeal therefrom as of right to the District of Columbia Court of Appeals. “(c) Review of judgments of the Small Claims and Conciliation Branch of the Superior Court of the District of Columbia and of judgments in the Criminal Division of that court where the penalty imposed is a fine of less than $50 for an offense punishable by imprisonment of one year or less, or by fine of not more than $1,000, or both, shall be by application for the allowance of an appeal, filed in the District of Columbia Court of Appeals. 84 Stat. 481 “(d) When a judge of the Superior Court of the District of Columbia in making in a civil case (other than a case in which a child, as defined in section 16–2301, is alleged to be delinquent, neglected, or in need of supervision) a ruling or order not otherwise appeal able under this section, shall be of the opinion that the ruling or order involves a controlling question of law as to which there is substantial ground for a difference of opinion and that an immediate appeal from the ruling or order may materially advance the ultimate termination of the litigation or case, he shall so state in writing in the ruling or order. The District of Columbia Court of Appeals may thereupon, in its discretion, permit an appeal to be taken from that ruling or order, if application is made to it within ten days after the issuance or entry of the ruling or order. An application for an appeal under this subsection shall not stay proceedings in the Superior Court of the District of Columbia unless the judge of that court who made such ruling or order or the District of Columbia Court of Appeals or a judge thereof shall so order. “(e) On the hearing of any appeal in any case, the District of Columbia Court of Appeals shall give judgment after an examination of the record without regard to errors or defects which do not affect the substantial rights of the parties. “§ 11–722. Administrative orders and decisions “The District of Columbia Court of Appeals has jurisdiction (1) except as provided in clause (2), to review orders and decisions of the Commissioner of the District of Columbia, the District of Columbia Council, any agency of the District of Columbia (including the Board of Zoning Adjustment of the District of Columbia and the Zoning Commission of the District of Columbia), and the District of Columbia Redevelopment Land Agency, in accordance with the District of Columbia Administrative Procedure Act (D.C. Code. secs. 1–1501–1–1510); and (2) to review orders and decisions of the Public Service Commission of the District of Columbia in accordance with section 8 of the Act of March 4, 1913 (D.C. Code, chapters 1 through 10, title 43). “SUBCHAPTER III.— MISCELLANEOUS PROVISIONS “§ 11–741. Contempt powers “In addition to the powers conferred by section 402 of title 18, United States Code, the District of Columbia Court of Appeals, or a judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court. “§ 11–742. Oaths, affirmations, and acknowledgments “Each judge of the District of Columbia Court of Appeals and each employee of the court authorized by the chief judge may administer oaths and affirmations and take acknowledgments. “§ 11–743. Rules of court “The District, of Columbia Court of Appeals shall conduct its business according to the Federal Rules of Appellate Procedure unless the court prescribes or adopts modifications of those Rules. 84 Stat. 482 “Chapter 9— SUPERIOR COURT OF THE DISTRICT OF COLUMBIA “subchapter i.— continuation and organization “Sec. “11–901. Continuation of courts; court of record; seal. “11–902. Organization of the court. “11–903. Composition. “11–904. Judges; service; compensation. “11–905. Oath of judges. “11–906. Administration by chief Judge: discharge of duties. “11–907. Absence, disability, or disqualification of chief judge. “11–908. Designation and assignment of judges. “11–909. Meetings and reports. “11–910. Clerks and secretaries for judges. “subchapter ii.— jurisdiction “11–921. Civil jurisdiction. “11–922. Transfer of civil actions to Superior Court. “11–923. Criminal jurisdiction; commitment. “subchapter iii.— miscellaneous provisions “11–941. Issuance of warrants; record. “11–942. Subpenas. “11–943. Process. “11–944. Contempt power. “11–945. Oaths, affirmations, and acknowledgments. “11–946. Rules of court. “SUBCHAPTER I.— CONTINUATION AND ORGANIZATION “§ 11–901. Continuation of courts; court of record; seal “The District of Columbia Court of General Sessions, the Juvenile Court of the District of Columbia, and the District of Columbia Tax Court are consolidated in a single court to be known as the Superior Court, of the District of Columbia (hereafter in this title referred to as the ‘Superior Court’). The Superior Court, shall be a court of record in the District of Columbia and shall have a single seal. “§ 11–902. Organization of the court “The Superior Court shall consist, of the following divisions: Civil Division, Criminal Division, Family Division, Probate Division, and Tax Division. The divisions of the Superior Court may be divided into such branches as the Superior Court may by rule prescribe. “§ 11–903. Composition “The Superior Court shall consist of a chief judge and forty-three associate judges (seven of whom shall not be appointed until twelve months after the effective date of the District of Columbia Court Reorganization Act of 1970). “§ 11–904. Judges; service; compensation “(a) The chief judge and the judges of the Superior Court shall serve as provided in chapter 15 of this title. “(b) Judges of the Superior Court shall be compensated at 90 per centum of the rate prescribed by law for judges of United States district courts. The chief judge, during his service in that position, shall receive an additional $500 per annum. “§ 11–905. Oath of judges “Each judge of the Superior Court, when appointed shall take the oath prescribed for judges of courts of the United States. 84 Stat. 483 “§ 11–906. Administration by chief judge; discharge of duties “(a) The chief judge shall administer and superintend the business of the Superior Court, as provided in chapter 17 of this title. He shall give his attention to the discharge of the duties especially pertaining to his office and to the performance of such additional judicial work as he is able to perform. “(b) He shall, insofar as is consistent with this title, arrange and divide the business of the Superior Court and fix the time of sessions of the various divisions and branches of the Superior Court. “§ 11–907. Absence, disability, or disqualification of chief judge “(a) When the chief judge of the court is absent or disabled, his duties shall devolve upon and be performed by such associate judge as the chief judge may designate in writing. In the event that the chief judge is (1) disqualified or suspended, or (2) unable or fails to make such a designation, his duties shall devolve upon and be performed by the associate judges of the court according to the seniority of their original commissions. “(b) A chief judge whose term us chief judge has expired shall continue to serve until redesignated or until his successor has been designated. When there is a vacancy in the position of chief judge, the position shall be filled temporarily as provided in subsection (a). “§ 11–908. Designation and assignment of judges “(a) The chief judge may designate the number of judges to serve in any division and branch of the Superior Court and may assign and reassign any judge to sit in any division or branch. When making assignments to the Family Division and Tax Division, the chief judge shall consider the qualifications and interest of the judges. Each associate judge shall attend and serve in the division and branch to which he is assigned. “(b) When the business of the Superior Court requires, the chief judge may certify to the chief judge of the District of Columbia Court of Appeals the need for temporary assignment of an additional judge or judges as provided in section 11–707. “(c) Upon presentation of a certificate of necessity by the chief judge of the Superior Court, the chief judge of the United States Court of Appeals for the District of Columbia Circuit may designate and assign temporarily a judge or judges as provided in subsection (c) of section 292 of title 28, United States Code. “§ 11–909. Meetingsand reports “(a) The judges of the Superior Court shall meet upon the cal] of the chief judge, but not less than once each month, to consider matters relating to the business and operations of the court. The court may by rule require additional meetings. “(b) Each associate judge shall submit to the chief judge such reports and data as the chief judge may request. Each judge shall submit a monthly written report to the chief judge and the Commission on Judicial Disabilities and Tenure which shall be in a form prescribed by the chief judge after consultation with the Commission and which shall set forth the duties performed by the reporting judge as follows: “(1) The number of days’ attendance in court of the judge during the month covered. “(2) The division and branch (if any) of the court which he attended. “(3) The number of horn’s per day of his attendance. “(4) The number and type of matters disposed of by the judge during the month covered. “(5) Such other data as the chief judge may require. 84 Stat. 484 “§ 11–910. Clerks and secretaries for judges “Each judge of the Superior Court may appoint and remove a personal law clerk and a personal secretary. “SUBCHAPTER II.— JURISDICTION “§ 11–921. Civil jurisdiction “(a) Except as provided in subsection (b), the Superior Court has jurisdiction of any civil action or other matter (at law or in equity) brought in the District of Columbia. Such jurisdiction shall vest in the court as follows: “(1) Beginning on the effective date of the District of Columbia Court Reorganization Act of 1970, the court has jurisdiction of any civil action or other matter begun before such effective date in the District, of Columbia Court of General Sessions, the Juvenile Court, of the District of Columbia, or the District of Columbia Tax Court. “(2) Beginning on such effective date, the court has jurisdiction of any civil action or other matter, at law or in equity, which is begun in the Superior Court on or after such effective date and in which the amount in controversy does not exceed $50,000. “(3) Beginning on such effective date, the court has jurisdiction (regardless of the amount in controversy) of any civil action or other matter, at law or in equity, which— “(A) is brought under— “(i) subchapter I of chapter 11 of title 16 (relating to ejectment); “(ii) subchapter II or III of chapter 13 of title 16 (relating to the condemnation of land on behalf of the District of Columbia); “(iii) chapter 19 of title 16 (relating to writs of habeas corpus directed to persons other than Federal officers and employees); “(iv) chapter 25 of title 16 (relating to change of name); “(v) chapter 33 of title 16 (relating to quieting title to real property); “(vi) subchapter II of chapter 35 of title 16 (relating to writ of quo warranto); “(vii) chapter 37 of title 16 (relating to replevin of personal property); “(viii) the Hospital Treatment for Drug Addicts Act for the District of Columbia (D.C. Code. secs. 24–601 through 24–611) (relating to commitment of narcotics users); or “(ix) section 2 of the Act of August 3, 1968 (D.C. Code. sec. 1–804(b)) (relating to contractors bonds). “(B) involves an appeal from or petition for review of any assessment of tax (or civil penalty thereon) made by the District of Columbia; or “(C) is brought under chapter 23 of title 16. “(4) Immediately following the expiration of the eighteen-month period beginning on such effective date, the court has jurisdiction (regardless of the amount in controversy) of any civil action or other matter, at law or in equity, brought under— “(A) chapter 3 of title 21 (relating to gifts to minors); “(B) chapter 5 of title 21 (relating to hospitalization of the mentally ill); “(C) chapter 7 of title 21 (relating to property of the mentally ill); “(D) chapter 11 of title 21 (relating to commitment, and maintenance of substantially retarded persons); 84 Stat. 485 “(E) chapter 13 of title 21 (relating to appointment of committees for alcoholics and addicts); “(F) chapter 15 of title 21 (relating to appointment of conservators); or “(G) chapter 3, 7, 11, 13, or 15 of title 21 in the United States District Court for the District of Columbia and not completed in that court before the expiration of such eighteen-month period. “(5) Immediately following the expiration of the thirty-month period beginning on such effective date, the court has jurisdiction (regardless of the amount in controversy)— “(A) of any matter (at law or in equity) — “(i) brought under chapter 29 of title 16 (relating to partition of property and assignment of dower); “(ii) which would have been within the jurisdiction of the Orphans Court of Washington County, District of Columbia, before June 21, 1870; “(iii) relating to the execution or validity of wills devising real property within the District of Columbia, and of wills and testaments properly presented for probate in the court, and the admission to probate and recording of those wills; “(iv) relating to the proof of wills of either personal or real property and the revocation of probate of wills for cause; “(v) involving the granting and revocation for cause of letters testamentary, letters of administration, letters ad colligendum and letters of guardianship, and the appointment of successors to persons whose letters have been revoked; “(vi) involving the hearing, examination, and issuance of decrees upon accounts, claims, and demands existing between executors or administrators and legatees or persons entitled to a distributive share of an intestate estate, or between wards and their guardians; “(vii) involving the enforcement of the rendition of inventories and accounts by executors, administrators, collectors, guardians, and trustees required to account to the court; “(viii) involving the enforcement of distribution of estates by executors and administrators and the payment or delivery by guardians of money or property belonging to their wards; or “(ix) otherwise within the probate jurisdiction of the United States District Court for the District of Columbia on the day before such effective date; and “(B) any matter (at law or in equity) described in subparagraph (A) which was begun in the United States District Court for the District of Columbia and not completed in that court before the expiration of such thirty-month period. “(6) Immediately following the expiration of the thirty-month period beginning on such effective date, the court has jurisdiction (regardless of the amount in controversy) of any civil action or other matter, at law or in equity, brought in the District of Columbia. “(b) The Superior Court does not have jurisdiction over any civil action or other matter (1) over which exclusive jurisdiction is vested in a Federal court in the District of Columbia, or (2) over which jurisdiction is vested in the United States District Court for the District of Columbia under section 11–501 (relating to civil actions or other matters begun in such court before the expiration of the thirty-month period beginning on the effective date of the District of Columbia Court Reorganization Act of 1970). 84 Stat. 486 “§ 11–922. Transfer of civil actions to Superior Court “(a) In a civil action begun in the United States District Court for the District of Columbia before the effective date of the District of Columbia Court Reorganization Act of 1970 (other than an action for equitable relief), where it appeal’s to the satisfaction of the court at or subsequent to any pretrial hearing but before trial thereof that the action will not justify a judgment in excess of $10,000 and does not otherwise invoke the jurisdiction of the court, the court, may certify the action to the Superior Court for trial. “(b) In a civil action begun in the United States District Court for the District of Columbia during the thirty-month period beginning on the effective date of the District of Columbia Court Reorganization Act of 1970, the court may certify the action to the Superior Court if it appears to (lie satisfaction of the United States District Court at or subsequent to any pretrial hearing, but before the trial thereof, that— “(1) the action will not justify a judgment in excess of $50,000; and “(2) the action does not otherwise invoke the jurisdiction of the court. “(c) When an action is transferred under this section, the pleadings in the action, together with a copy of the docket entries and copies of any orders entered therein, and the deposit for costs, shall be sent to the Superior Court. The Superior Court shall thereafter treat the case as though it had been filed originally in that court, except that the jurisdiction of the court shall extend to the amount claimed in the action even though it exceeds the applicable jurisdictional limitation. “§ 11–923. Criminal jurisdiction; commitment “(a) The Superior Court has jurisdiction over all criminal cases pending in the District of Columbia Court of General Sessions before the effective date of the District of Columbia Court Reorganization Act of 1970. “(b) (1) Except as provided in paragraph (2), the Superior Court has jurisdiction of any criminal case under any law applicable exclusively to the District of Columbia. “(2) The Superior Court shall not have jurisdiction of any criminal case under any law applicable exclusively to the District of Columbia begun in the United States District Court for the District of Columbia under section 11–502(2) by the return of an indictment or the filing of an information during the eighteen-month period beginning on such effective date. “(c) (1) With respect to any criminal case over which the Superior Court has jurisdiction, that court may make, preliminary examinations and commit offenders, either for trial or for further examination, and may release or detain offenders in accordance with chapter 13 of title 23. “(2) With respect to any criminal case, over which the United States District Court for the District of Columbia has jurisdiction, the Superior Court (A) may make preliminary examinations and commit offenders, either for trial or for further examination, but only during the eighteen-month period beginning on the effective date of the District of Columbia Court Reorganization Act of 1970, and (B) may release or detain offenders in accordance with chapter 13 of title 23. 84 Stat. 487 “SUBCHAPTER III.— MISCELLANEOUS PROVISIONS “§ 11–941. Issuance of warrants; record “Subject to title 23, judges of the Superior Court may, at any time, including Sundays and legal holidays, on complaint or application under oath or actual view, issue warrants for arrest, search or seizure, or electronic surveillance in connection with crimes and offenses committed within the District of Columbia, or for administrative inspections hi connection with laws relating to the public health, safety, and welfare. Each proceeding respecting a warrant shall be recorded as prescribed by the court. Warrants snail be issued free of charge. “§ 11–942. Subpenas “(a) The Superior Court may compel the attendance of witnesses by attachment. At the request of any party, subpenas for attendance at a hearing or trial in the Superior Court shall be issued by the clerk of court. A subpena may be served at any place within the District of Columbia, or at any place without the District of Columbia that is within twenty-five miles of the place of the hearing or trial specified in the subpena. The form, issuance, and manner of service of the subpena shall be as prescribed by the rule of the court. “(b) A subpena in a criminal case in which a felony is charged may be served at any place within the United States upon order of a judge of the court. “§ 11–943. Process “(a) All process other than a subpena may be served at any place within the District of Columbia, and, when authorized by statute or by the Federal Rules of Civil Procedure, at any place without the District of Columbia. “(b) Service upon a thirdparty defendant, upon a person whose joinder is needed for just adjudication, and upon persons required to respond to any order of commitment for civil contempt may be served at all places outside the District of Columbia that are not more than cue hundred miles from the place of hearing or trial specified. “(c) The form, issuance, and manner of service of process shall be prescribed by rule of the court. “§ 11–944. Contempt power “In addition to the powers conferred by section 402 of title 18, United States Code, the Superior Court, or a judge thereof, may punish for disobedience of an order or for contempt committed in the presence of the court. “§ 11–945. Oaths, affirmations, and acknowledgments “Each judge and each employee of the Superior Court authorized by the chief judge may administer oaths and affirmations and take acknowledgments. “§ 11–946. Rules of court “The Superior Court shall conduct its business according to the Federal Rules of Civil Procedure and the Federal Rules of Criminal Procedure (except as otherwise provided in title 23) unless it prescribes or adopts rules which modify those Rules. Rules which modify the Federal Rules shall be submitted for the approval of the District of Columbia Court of Appeals, and they shall not take effect until 84 Stat. 488approved by that court. The Superior Court may adopt and enforce other rules as it may deem necessary without the approval of the District of Columbia Court, of Appeals if such rules do not modify the Federal Rules. The Superior Court may appoint a committee of lawyers to advise it in the performance of its duties under this section. “Chapter 11— FAMILY DIVISION OF THE SUPERIOR COURT “Sec. “11–1101. Exclusive jurisdiction. “§ 11–1101. Exclusive jurisdiction “The Family Division of the Superior Court shall be assigned, in accordance with chapter 9, exclusive jurisdiction of— “(1) actions for divorce from the bond of marriage and legal separation from bed and board, including proceedings incidental thereto for alimony, pendente lite and permanent and for support and custody of minor children; “(2) applications for revocation of divorce from bed and board; “(3) actions to enforce support of any person as required by law; “(4) actions seeking custody of minor children, including petitions for writs of habeas corpus; “(5) actions to declare marriages void; “(6) actions to declare marriages valid; “(7) act ions for annulments of marriage; “(8) determinations and adjudications of property rights, both real and personal, in any action referred to in this subsection, irrespective of any jurisdictional limitation imposed on the Superior Court; “(9) proceedings in adoption; “(10) proceedings under the Act of July 10, 1937 (D.C. Code. secs. 30–301 to 30–324); “(11) proceedings to determine paternity of any child born out of wedlock; “(12) civil proceedings for protection involving intrafamily offenses, instituted pursuant to chapter 10 of title 16; “(13) proceedings in which a child, as defined in section 16–2301, is alleged to be delinquent, neglected, or in need of supervision: “(14) proceedings under chapter 3 of title 21 relating to the commitment of the mentally ill; “(15) proceedings under chapter 11 of title 21 relating to the commitment of the substantially retarded; and “(16) proceedings tinder Interstate Compact on Juveniles (described in title VII of the District of Columbia Court Reform and Criminal Procedure Act of 1970). “Chapter 12.— TAX DIVISION OF THE SUPERIOR COURT “Sec. “11–1201. Exclusive jurisdiction. “11–1202. Abolition of other remedies. “11–1203. Rules and regulations “§ 11–1201. Exclusive jurisdiction “The Tax Division of the Superior Court shall be assigned exclusive jurisdiction of— “(1) all appeals from and petitions for review of assessments of tax (and civil penalties thereon) made by the District of Columbia; and 84 Stat. 489 “(2) all proceedings brought by the District of Columbia for the imposition of criminal penalties pursuant to the provisions of the statutes relating to taxes levied by or in behalf of the District of Columbia. “§ 11–1202. Abolition of other remedies “Notwithstanding any other provision of law, the jurisdiction of the Tax Division of the Superior Court to review the validity and amount of all assessments of tax made by the District of Columbia is exclusive. Effective on and after the effective date of the District of Columbia Court Reorganization Act of 1970, any common-law remedy with respect to assessments of tax in the District of Columbia and any equitable action to enjoin such assessments available in a court other than the former District of Columbia Tax Court is abolished. Actions properly filed before the effective date of that Act are not affected by this section and the court in which any such action has been filed may retain jurisdiction until its disposition. “§ 11–1203. Rules and regulations “The Superior Court may make such rules and regulations for conducting business in the Tax Division, consistent with the statutes applicable to such business and with the Superior Court’s general rules of practice and procedure, as it may deem necessary and proper. Rules and regulations for the Tax Division shall, insofar as possible, assure the prompt disposition of matters before the Tax Division to the end that the taxing statutes of the District of Columbia shall be fairly and efficiently en forced. “Chapter 13.— SMALL CLAIMS AND CONCILIATION BRANCH OF THE SUPERIOR COURT “subchapter i.— continuation and sessions “Sec. “11–1301. Continuation of Branch. “11–1302. Sessions, “subchapter ii.— jurisdiction and procedures “11–1321. Exclusive jurisdiction of small claims. “11–1322. Arbitration and conciliation. “11–1323. Certification of cases by Superior Court judges: recertification: certification by Branch. “SUBCHAPTER I.— CONTINUATION AND SESSIONS “§ 11–1301. Continuation of Branch “The Small Claims and Conciliation Branch shall continue as a branch of the Civil Division in the Superior Court. “§ 11–1302. Sessions “The Small Claims and Conciliation Branch, with a judge in attendance, shall be open for the transaction of business on every day of the year except Saturday afternoons, Sundays, and legal holidays, and shall hold at least one evening session during each week. “SUBCHAPTER II.— JURISDICTION AND PROCEDURES “§ 11–1321. Exclusive jurisdiction of small claims “The Small Claims and Conciliation Branch has exclusive jurisdiction of any action within the jurisdiction of the Superior Court which is only for the recovery of money, if the amount in controversy does not exceed $750, exclusive of interest, attorney fees, protest fees, and costs. Au action which affects an interest in real property may not 84 Stat. 490be brought in the Branch. If a counterclaim, cross claim, or any other claim or any defense, affecting an interest in real property’s made in an action brought in the Branch, the action shall be certified to the Civil Division. “§ 11–1322. Arbitration and conciliation “In order to effect the speedy settlement of controversies, and with the consent of the parties thereto, the Small Claims and Conciliation Branch may settle cases, irrespective of the amount involved, by the methods of arbitration and conciliation. A judge sitting in the Branch may act as a referee or arbitrator, either alone or in conjunction with other persons, as provided by rule of the court. A judge, officer, or employee of the Superior Court may not accept any fee or compensation in addition to his salary for services performed pursuant to this section. “§ 11–1323. Certification of cases by Superior Court judges; recertification; certification by Branch “(a) When the interests of justice, seem to require and all parties consent thereto, a judge of the Superior Court may certify a case to the. Small Claims and Conciliation Branch for conciliation or to obtain a complete or partial agreed statement of facts or stipulation, which will simplify and expedite the ultimate trial of the case. With the consent of all parties, the trial of the case may be completed in the Branch. In the absence of consent, the case shall be recertified to another judge of the Civil Division for trial. “(b) When the interests of justice seem to require, the Branch may certify to the Civil Division any action brought in the Branch under section 11–1321. “Chapter 15.— JUDGES OF THE DISTRICT OF COLUMBIA COURTS “subchapter i.— appointment; qualifications; service of judges “Sec. “11–1501. Appointment and qualifications of judges. “11–1502. Tenure. “11–1503. Designation of chief judge. “11–1504. Service of retired judges. “11–1505. Vacations. “subchapter ii.— the district of columbia commission on judicial disabilities and tenure “11–1521. Establishment of Commission. “11–1522. Membership. “11–1523. Terms of office; vacancy; continuation of service by a member. “11–1524. Compensation. “11–1525. Operations; personnel; administrative services. “11–1526. Removal; involuntary retirement; proceedings. “11–1527. Procedures. “11–1528. Privilege; confidentiality. “11–1529. Judicial review. “11–1580. Financial statements. “subchapter iii.— retirement “11–1561. Definitions. “11–1562. Eligibility for retirement. “11–1563. Withholding of retirement payments; lump-sum credit. “11–1564. Computation of retirement salary; election to credit other service. “11–1565. Service by retired judges. “11–1566. Survivor annuity; election; relinquishment. “11–1567. Survivor annuity; payments to fund. “11–1568. Survivor annuity; entitlement; computation. “11–1560. Survivor annuity; payment; order of precedence. “11–1570. Retirement and annuity fund. “11–1571. Periodic increases; existing rights. 84 Stat. 491 “SUBCHAPTER I.— APPOINTMENT; QUALIFICATIONS; SERVICE OF JUDGES “§ 11–1501. Appointment and qualifications of judges “(a) The President of the United States shall nominate, and by and with the advice and consent of the Senate, shall appoint all judges of the District of Columbia courts. He shall have power to fill all vacancies that may occur in those courts during a recess of the Senate, by granting commissions which shall expire at the end of the next session of the Senate. “(b) A person may not be appointed a judge of a District of Columbia court unless he— “(1) is a citizen of the United States: “(2) (A) is a member of the bar of the District of Columbia, and (B)(1) has been a member of such bar for a period of at least five years, or (ii) in the case of a professor of law in a law school in the District of Columbia or of an attorney employed in the District of Columbia by the United States or the District of Columbia, has been eligible for membership in the bar of the District of Columbia for at least five years prior to his appointment; “(3) has been actively engaged, for at least five of the ten years immediately prior to his appointment, as an attorney in the practice of law in the District of Columbia, as a judge of a District of Columbia court, as a professor of law in a law school in the District of Columbia, or as an attorney employed in the District of Columbia by the United States or the District of Columbia; and “(4) is a bona fide resident of the area consisting of the District of Columbia, Montgomery and Prince George’s Counties in Maryland, Arlington and Fairfax Counties and the city of Alexandria in Virginia and has maintained an actual place of abode in such area for at least five years prior to his appointment. During his term of service and for one year after the termination thereof, no member of the District of Columbia Commission on Judicial Disabilities and Tenure shall be eligible for nomination or appointment to a District of Columbia court. “§ 11–1502. Tenure “Subject to mandatory retirement at age 70 and to the provisions of subchapters II and III of this chapter, a judge of a District of Columbia court appointed on or after the date of enactment of the District of Columbia Court Reorganization Act of 1970 shall serve for a term of fifteen years, and upon completion of such term, such judge shall continue to serve until his successor is appointed and qualifies. “§ 11–1503. Designation of Chief Judge “(a) The chief judge of a District of Columbia court shall be designated by the President of the United States from among the judges of the court in regular active service, and shall serve for a term of four years or until his successor is designated. He shall be eligible for redesignation. A judge may relinquish his position as chief judge, after giving notice to the President. “(b) If a chief judge is not redesignated, or relinquishes (he office of chief judge, he shall continue as an associate judge. “§ 11–1504. Service of retired judges “A judge, retired for reasons other than disability may perform, upon designation of a chief judge, those judicial duties which he is willing and able to undertake. 84 Stat. 492 “§ 11–1505. Vacations “(a) Each judge of the District of Columbia courts shall be entitled to an annual vacation of not more than 30 calendar days. Such vacation shall be taken at such time or times as prescribed by the chief judge of (he District, of Columbia Court of Appeals for judges of that court and by the chief judge of the Superior Court for judges of that court. Time spent by a judge as a member of any conference, committee, or commission established by law shall not be deducted from his vacation period. “(b) In determining when a judge shall take a vacation, and the length thereof, the chief judge exercising authority under this section shall be mindful of the necessity of retaining sufficient judicial manpower in the court under his supervision to permit at all times the prompt and effective disposition of the business of such court. “SUBCHAPTER II.— THE DISTRICT OF COLUMBIA COMMISSION ON JUDICIAL DISABILITIES AND TENURE “§ 11–1521. Establishment of Commission “There shall be a District of Columbia Commission on Judicial Disabilities and Tenure (hereafter in this subchapter referred to as the ‘Commission’). The Commission shall have power to suspend retire, or remove a judge of a District of Columbia court, as provided in this subchapter. “§ 11–1522. Membership “(a) The Commission shall consist of five members appointed as follows: “(1) The President of the United States shall appoint three members of the Commission. Of the members appointed by the President— “(A) at least one member must be a member of the District of Columbia bar who has been actively engaged in the practice of law in the. District of Columbia for at least five of the ten years immediately before his appointment; and “(B) at least two members must be residents of the District of Columbia. “(2) the Commissioner of the District of Columbia shall appoint one member of the Commission. The member appointed y the Commissioner must be a resident of the District of Columbia and not an attorney. “(3) The chief judge of the United States District Court for the District of Columbia shall appoint one member of the Commission. The member appointed by the chief judge shall be an active or retired Federal judge serving in the District of Columbia. The President shall designate as Chairman of the Commission one of his appointees who is a member of the District of Columbia bar who has been actively engaged in the practice of law in the District of Columbia for at least five of the ten years before the member’s appointment. “(b) There shall be three alternate members of the Commission, who shall serve as members pursuant to rules adopted by the Commission. The alternate members shall be appointed as follows: “(1) The President shall appoint one alternate member, who shall be a resident of the District of Columbia and a member of the bar of the District of Columbia who has been actively engaged in the practice of law in the District of Columbia for at least, five of the ten years immediately before his appointment. 84 Stat. 493 “(2) The Commissioner shall appoint one alternate member who shall be a resident of the District, of Columbia and not an attorney. “(3) The chief judge of the United States District Court for the District of Columbia shall appoint one alternate member who shall be an active or retired Federal judge serving in the District of Columbia. “(c) No member or alternate member of the Commission shall be a member, officer, or employee of the legislative branch or of an executive or military department of the United States Government (listed in section 101 or 102 of title 5, United States Code); and no member or alternate member (other than a member or alternate member appointed by the chief judge of the United States District Court, for the District of Columbia) shall be an officer or employee of the judicial branch of the United States Government. No member or alternate member of the Commission shall be an officer or employee of the District of Columbia government (including its judicial branch). “§ 11–1523. Terms of office; vacancy; continuation of service by a member “(a) (1) Except as provided in paragraph (2), the term of office of members and alternate members of the Commission shall be six years. “(2) Of the members and alternate members first appointed to the Commission— “(A) one member and alternate member appointed by the President shall be appointed for a term of six years, one member appointed by the President shall be appointed for a term of four years, and one such member shall be appointed for a term of two years, as designated by the President at the time of appointment; “(B) the member and alternate member appointed by the chief judge of the United States District Court for the District of Columbia shall be appointed for a term of four years; and “(C) the member and alternate member appointed by the Commissioner of the District of Columbia shall be appointed for a term of two years. “(b) A member or alternate member appointed to fill a vacancy occurring before the expiration of the term of his predecessor shall serve only for the remainder of that term. Any vacancy on the Commission shall be filled in the same manner as the original appointment was made. “(c) If approved by the Commission, a member may serve after the expiration of his term for purposes of participating until conclusion in a matter, relating to the suspension, retirement, or removal of a judge, begun before the expiration of his term. A member’s successor may be appointed without regard to the member’s continuation in service, but his successor may not participate in the matter for which the member’s continuation in service was approved. “§ 11–1524. Compensation “Any member or alternate member who is an active or retired Federal judge or an officer or employee of the United States shall serve without compensation. Other members or alternate members shall receive the daily equivalent of the rate provided for GS–18 of the General Schedule when actually engaged in service for the Commission. “§ 11–1525. Operations; personnel; administrative services “(a) The Commission may make such rules and regulations for its operations as it may deem necessary, and such rules and regulations shall be effective on the date specified by the Commission. The District of Columbia Administrative Procedure Act, (D.C, Code, secs. 84 Stat. 4941–1501 to 1510) shall be applicable to the Commission only as provided by this subsection. For the purposes of the publication of rules and regulations, judicial notice, and the tiling and compilation of rules, sections 5, 7, and 8 of that Act (D.C. Code, sees. 1–1504, 1–1500, and 1–1507), insofar as consistent with this subchapter, shall be applicable to the Commission; and for purposes of those sections, the Commission shall be deemed an independent agency as defined in section 3(5) of that Act (D.C. Code. sec. 1–1502). Nothing contained herein shall be construed to require prior public notice and hearings on the subject of rules adopted by the Commission. “(b) The, Commission is authorized, without regard to the provisions governing appointment and classification of District of Columbia employees, to appoint and fix the compensation of, or to contract for, such officers, assistants, reporters, counsel, amt other persons as may be necessary for the performance of its duties. It is authorized to obtain the services of medical and other experts in accordance with the provisions of section 3109 of title 5, United States Code, but at rates not to exceed the daily equivalent of the rate provided for GS–18 of the General Schedule. “(c) The District of Columbia is authorized to detail, on a reimbursable basis, any of its personnel to assist in carrying out the duties of the Commission. “(d) Financial and administrative services (including those related to budgeting and accounting, financial reporting, personnel, and procurement) shall be provided to the Commission by the District of Columbia, for which payment shall be made in advance, or by reimbursement, from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the District of Columbia government. Regulations of the District of Columbia for the administrative control of funds shall apply to funds appropriated to the Commission. “§ 11–1526. Removal; involuntary retirement; proceedings “(a) (1) A judge of a District of Columbia court shall be removed from office upon the filing in the District of Columbia Court of Appeals by the Commission of an order of removal certifying the entry, in any court, within the United States, of a final judgment of conviction of a crime which is punishable as a felony under Federal law or which would be a felony in the District of Columbia. “(2) A judge of a District of Columbia court shall also be removed from office upon affirmance of an appeal from an order of removal filed in the District of Columbia Court of Appeals by the Commission (or upon expiration of the time within which such an appeal may be taken) after a determination by the Commission of— “(A) willful misconduct in office, “(B) willful and persistent failure to perform judicial duties, or “(C) any other conduct which is prejudicial to the administration of justice or which brings the judicial office into disrepute. “(b) A judge of a District of Columbia court shall be involuntarily retired from office when (1) the Commission determines that the judge suffers from a mental or physical disability (including habitual intemperance) which is or is likely to become permanent and which prevents, or seriously interferes with, the proper performance of his judicial duties, and (2) the Commission files in the District of Columbia Court of Appeals an order of involuntary retirement and the order is affirmed on appeal or the time within which an appeal may be taken from the order has expired. 84 Stat. 495 “(c) (1) A judge of a District of Columbia court shall be suspended, without salary— “(A) upon— “(i) proof of his conviction of a crime referred to in subsection (a)(I) which has not become final, or “(ii) the filing of an order of removal under subsection (a)(2) which has not become final: and “(B) upon the filing by the Commission of an order of suspension in the District of Columbia Court of Appeals. Suspension under this paragraph shall continue until termination of all appeals. If the conviction is reversed or the order of removal is set aside, the judge shall be reinstated and shall recover his salary and all rights and privileges of his office. “(2) A judge of a District of Columbia court shall be suspended from all judicial duties, with such retirement salary as he may be entitled to pursuant to subchapter III of this chapter, upon the filing by the Commission of an order of involuntary retirement under subsection (b) in the District of Columbia Court of Appeals. Suspension shall continue until termination of all appeals. If the order of involuntary retirement is set aside, the judge shall be reinstated and shall recover his judicial salary less any retirement salary received and shall be entitled to all the rights and privileges of his office. “(3) A judge of a District of Columbia court shall be suspended from all or part, of his judicial duties, with salary, if the Commission, upon the concurrence of three members, (A) orders a hearing for the removal or retirement of the judge pursuant to this subchapter and determines that his suspension is in the interest of the administration of justice, and (B) files an order of suspension in the District of Columbia Court of Appeals. The suspension shall terminate as specified in the order (which may be modified, as appropriate, by the Commission) but in no event later than the termination of all appeals. “§ 11–1527. Procedures “(a) (1) On its own initiative, or upon complaint or report of any person, formal or informal, the Commission may undertake an investigation of the conduct or health of any judge. After such investigation as it deems adequate, the Commission may terminate the investigation or it may order a hearing concerning the health or conduct of the judge. No order affecting the tenure of a judge based 011 grounds for removal set forth in section 11–1526(a)(2) or 11–1630(b)(3) shall be made except after a hearing as provided by this subchapter. Nothing in this subchapter shall preclude any informal contacts with the judge, or the chief judge of his court, by the Commission, whether before or after a hearing is ordered, to discuss any matter related to its investigation. “(2) A judge whose conduct or health is to be the subject of a hearing by the Commission shall be given notice of such hearing and of the nature of the matters under inquiry not less than thirty days before the date on which the hearing is to be held. He shall be admitted to such hearing and to every subsequent hearing regarding his conduct or health. He may be represented by counsel, offer evidence in his own behalf, and confront and cross-examine witnesses against him. “(3) Within ninety days after the adjournment of bearings, the Commission shall make findings of fact and a determination regarding the conduct or health of a judge who was the subject of the hearing. The concurrence of at least four members shall be required for a determination of grounds for removal or retirement. Upon a deter-84 Stat. 496urination of grounds for removal or retirement, the Commission shall tile an appropriate order pursuant to subsection (a) or (b) of section 11–1526. On or before the date the order is filed, the Commission shall notify the judge, the chief judge of his court, and the President of the United States. “(b) The Commission shall keep a record of any hearing on the conduct or health of a judge and one copy of such record shall be provided to the judge at the expense of the Commission. “(c) (1) In the conduct of investigations and hearings under this section the Commission may administer oaths, order and otherwise provide for the inspection of books and records, and issue subpenas for attendance of witnesses and the production of papers, books, accounts, documents, and testimony relevant to any such investigation or hearing. It may order a judge whose health is in issue to submit to a medical examination by a duly licensed physician designated by the Commission. “(2) Whenever a witness before the Commission refuses, on the basis of his privilege against self-incrimination, to testify or produce books, papers, documents, records, recordings, or other materials, and the Commission determines that the testimony or production of evidence is necessary to the conduct of its proceedings, it may order the witness to testify or produce the evidence. The Commission may issue the order no earlier than ten days after the day on which it served the Attorney General with notice of its intention to issue the order-The witness may not refuse to comply with the order on the basis of his privilege against self-incrimination, but no testimony or other information compelled under the order (or any information directly or indirectly derived from the testimony or production of evidence) may be used against the witness in any criminal case, nor may it be used as a basis for subjecting the witness to any penalty or forfeiture contrary to constitutional right or privilege. No witness shall be exempt under this subsection from prosecution for perjury committed while giving testimony or producing evidence under compulsion as provided in this subsection. “(3) If any person refuses to attend, testify, or produce any writing or things required by a subpena issued by the Commission, the Commission may petition the United States district court for the district in which the person may be found for an order compelling him to attend and testify or produce the writings or things required by subpena. The court shall order the person to appear before it at a specified time and place and then and there shall consider why he has not attended, testified, or produced writings or things as required. A copy of the order shall be served upon him. If it appears to the court that the subpena was regularly issued, the court shall order the person to appear before the Commission at the time or place fixed in the order and to testify or produce the required writings or things. Failure to obey the order shall be punishable as contempt of court. “(4) In pending investigations or proceedings before it, the Commission may order the deposition of any person to be taken in such form and subject to such limitation as may be prescribed in the order. The Commission may file in the Superior Court a petition, stating generally, without identifying the judge, the nature of the pending matter, the name and residence of the person whose testimony is desired, and directions, if any, of the Commission requesting an order requiring the person to appear and testify before a designated officer. Upon the filing of the petition the Superior Court may order the person to appear and testify. A subpena for such deposition shall be issued by the clerk of the Superior Court and the deposition shall be taken and returned in the manner prescribed by law for civil actions. 84 Stat. 497 “(d) It 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. Unless 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 regarding 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 tin order of removal or retirement filed by the Commission 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. Notice of appeal shall be filed within 30 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 United 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 Commission appealed from and, to the extent necessary to decision and when presented, 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 immunity; “(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 substantia] evidence. In making the foregoing determinations, the special court shall review 84 Stat. 498the 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, the 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. “§ 11–1530. Financial statements “(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 lime 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 persona] 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-84 Stat. 499ing 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 judge 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 year’s of age, including (i) an adopted child, and (iij 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 twenty-two years of age who is a student regularly pursuing a full-time 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 84 Stat. 500to the satisfaction of the Commissioner that he has a bona fide intention of continuing to pursue a course of study or training in the same or different 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 (his section before he has completed five years of service, to the date of the separation or transfer; but the term ‘lump-sum 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 judicial and non judicial 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-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 section 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 judicial 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. 84 Stat. 501 “(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 Wore November 1, 1964, who has elected to come within the provisions of this subchapter an amount equal to 3½ 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, not withstanding 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 3½ 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, be 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 tin lump-sum credit for retirement by the judge voids all retirement salary rights under this subehapter, 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 11–1562(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 84 Stat. 502of his reduced retirement salary. In no event shall the retirement salary (including the amount provided by subsection (c) of this section) of a judge exceed 80 per centum of Iris 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, tn ho event shall the retirement salary of a judge retired for disability be less than 50 per centum or exceed 80 per centum of Iris basic salary immediately prior to the date of his retirement. “(c) In 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 Iris judicial service or at the time of iris 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 of title 5, United States Code, computed in accordance with section 8339 (a), (b), (c), (d), (g), and (h) of that title, as applicable, subject 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 3½ 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 of 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 84 Stat. 503full 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. In the case of a judge whose lump-sum credit has been transferred to the fund tinder 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 8332 of title 5, United States Code, is not covered by the amount of the lump-sum credit transferred under paragraph (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. “§ 11–1566. Survivor annuity; election; relinquishment “(a) Any judge, whether or not subject to sections 11–1562 to 11–1565, may, by 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— 84 Stat. 504 “(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 forsurvivor annuity. Any election under this subsection shall be made hi writing and Hied 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 of title 5, United States Code, with interest as provided in section 11–1564(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 1 be 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). “§ 11–1568. Survivor annuity; entitlement; computation “(a) The service of a judge for the purpose of computing a survivor annuitv includes his judicial service (and retired service for which deductions are made) and, subject to section 8334(d) of title 5, United 84 Stat. 505States Code, his military and civilian service which is creditable under section 8332 of that title. “(b) Nothing in this subchapter shall prevent a widow or widower eligible therefor from simultaneously receiving a survivor annuity under this subchapter and any other annuity (survivor or otherwise) 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. An 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) 1¼ 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 84 Stat. 506of his years of judicial service and his Member, congressional employee, and his military service allowable under subsection (a); and “(2) threefourths of 1 per centum of such average annual salary multiplied by his years of all other civilian service allowably 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 centmn 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). 84 Stat. 507 “(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 or 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 111569 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 required 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 8340(b) of title 5, United 84 Stat. 508States Code, is receiving such salary or annuity (1) under the provisions of this subchapter, or (2) under the provisions of section 11–1701, 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 courts; appointment; compensation. “11–1704. Oath and bond of the Executive Officer. “subchapter ii.— court personnel “11–1721. Clerks of courts. “11–1722. Director of Social Services. “11–1723. Fiscal Officer. “11–1724. Auditor-Master. “11–1727. Appointment of non judicial persotuiel. “11–1726. Compensation. “11–1727. Court reporters. “11–1728. Recruitment and training of personnel. “11–1720. Service of United States marshal. “11–1730. Reports of court personnel. “11–1731. Reports of other personnel. “subchapter iii.— duties and responsibilities “11–1741. Court operations and organization. “11–1742. Property and disbursement. “11–1743. Annual budget. “11–1744. Information and liaison services. “11–1745. Reports and records. “11–1746. 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, (3) 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. “(2) Accounts and auditing. “(3) Procurement and disbursement. “(4) Submission of the annual budget requests of the District of Columbia Court of Appeals and the Superior Court to the Commissioner of the District of Colombia as the integrated 84 Stat. 509budget 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. “(7) 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 mutters other than those within the responsibility enumerated in section 11–1701 (b), and 84 Stat. 510 “(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 authority 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 matter’s 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. He shall be selected from a list of at least three qualified persons, 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.— COURT PERSONNEL “§ 11–1721. 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. With 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, education and training programs, probation services, and such o her services as the court shall prescribe. 84 Stat. 511 “(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 members 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 responsible 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 Rules 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 be 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 Auditor-Master, 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 84 Stat. 512Executive Officer shall fix the rates of compensation of such employees without regard to chapter 51 and subchapter III of chapter 53 of title 5, United States Code, and such rates shall not exceed the maximum rate prescribed for GS–15 of the General Schedule, except that the Executive Officer may fix the rates of compensation of— “(1) 5 positions at not to exceed the maximum rate prescribed for CIS–16 of the General Schedule; and “(2) 2 positions at not to exceed the maximum rate prescribed for GS–17. In fixing the rates of non judicial 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 reporter’s 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) In 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. “§ 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 inservice 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 sections 11–709 and 11–909 to the respective chief judges, with a copy to the Executive Officer. 84 Stat. 513 “(b) All non judicial 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 III.— DUTIES AND RESPONSIBILITIES “§ 11–1741. Court operations and organization “Within the respective District of Columbia courts, and subject to the 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 procedures 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 84 Stat. 514with 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 tn 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, “(3) the District of Columbia Commission on Judicial Disabilities and Tenure, and “(4) such other agencies as the. Joint Committee may specify. 84 Stat. 515 “§ 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. Quailfications of jurors. “11–1902. Single jury selection system. “11–1903. Grand jury; additional grand jury. “11–1804. Assignment of jury panels. “11–1905. Length of service. “11–1906. Fees of jurors. “§ 11–1901. Qualifications of jurors “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 juror in a particular case, may not be required to serve in the court for more than thirty days in any two-year period. 84 Stat. 516 “§ 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. Continuation of office. “11–2102. Appointment; oath; bond; qualifications; compensation. “11–2103. Services as clerk. “11–2104. Powers and duties: restrictions; penalties. “11–2105. Deputies and other employees. “11–2106. 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 or 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. “§ 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 84 Stat. 517 “(3) take the probate of wills and accept the bonds of executors, administrators, collectors, and guardians, subject to approval of the court. “(b) In 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 he turned over to the Fiscal Officer of the District of Columbia courts. “Chapter 23.— MEDICAL EXAMINER “Sec. “11–2301. Medical Examiner; Deputies; appointment, qualifications, and compensation. “11–2302. Supporting services and facilities. “11–2303. Former duties of coroner; oaths; teaching. “11–2304. Deaths to be investigated; notification and investigation of deaths. “11–2805. Possession of evidence and property. “11–2306. Further 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. ‘T1–2310. Records as evidence. “11–2311. Autopsies performed under court order. ”11–2312. Tissue transplants. 84 Stat. 518 “§ 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 contained in 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 injury, 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. 84 Stat. 519 “(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. “§ 11–2305. Possession of evidence and property “(a) At the scene of any death subject to investigation under section 11–2301, 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 examiner, 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. 84 Stat. 520 “§ 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 payment 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 “In 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. “11–2502. 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. 84 Stat. 521 “§ 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 bur 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.”