Code of the District of Columbia

Part D-i. Attorney General for the District of Columbia.


§ 1–301.81. Duties of the Attorney General for the District of Columbia.

(a)(1) The Attorney General for the District of Columbia (“Attorney General”) shall have charge and conduct of all law business of the said District and all suits instituted by and against the government thereof, and shall possess all powers afforded the Attorney General by the common and statutory law of the District and shall be responsible for upholding the public interest. The Attorney General shall have the power to control litigation and appeals, as well as the power to intervene in legal proceedings on behalf of this public interest.

(2) The Attorney General shall furnish opinions in writing to the Mayor and the Council whenever requested to do so. All requests for opinions from agencies subordinate to the Mayor shall be transmitted through the Mayor. The Attorney General shall keep a record of requests, together with the opinions. Those opinions of the Attorney General issued pursuant to Reorganization Order No. 50 shall be compiled and published by the Attorney General on an annual basis.

(3) By October 1, 2017, the Attorney General shall develop a pilot program, in collaboration with community partners, to provide victim-offender mediation as an alternative to the prosecution of juveniles in cases deemed appropriate by the Attorney General; provided, that participation in the mediation pilot program established pursuant to this paragraph shall be voluntary for both the victim and the offender.

(b) The authority provided under this section shall not be construed to deny or limit the duty and authority of the Attorney General as heretofore authorized, either by statute or under common law.


(May 27, 2010, D.C. Law 18-160, § 101, 57 DCR 3012; Apr. 4, 2017, D.C. Law 21-238, § 302, 63 DCR 15312; Dec. 13, 2017, D.C. Law 22-33, § 3102, 64 DCR 7652.)

Section References

This section is referenced in § 1-1001.02.

Applicability

Section 7026 of D.C. Law 22-33 amended § 701(a) of D.C. Law 21-238, removing the applicability restriction impacting this section. Therefore the changes made to this section by D.C. Law 21-238 have been implemented.

Applicability of D.C. Law 21-238: § 701 of D.C. Law 21-238 provided that the change made to this section by § 302 of D.C. Law 21-238 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 3102 of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of § 701|(a) of D.C. Law 21-238, see § 7026 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) amendment of this section, see § 3102 of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).


§ 1–301.82. Appointment of the Attorney General.

(a) Until such time as an Attorney General is elected under § 1-204.35, the Attorney General for the District of Columbia shall be appointed by the Mayor with the advice and consent of the Council pursuant to § 1-523.01.

(b) The Attorney General shall:

(1) Serve a 4-year term to coincide with the term for Mayor; and

(2) Be eligible for reappointment by the Mayor with the advice and consent of the Council, and may serve in a holdover capacity at the expiration of his or her term pursuant to § 1-523.01(c).

(c) This section shall not apply to the incumbent Attorney General on May 27, 2010.


(May 27, 2010, D.C. Law 18-160, § 102, 57 DCR 3012; Dec. 13, 2013, D.C. Law 20-60, § 201, 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, § 1163, 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 rewrote (a) which read “Until such time as an Attorney General is elected under § 1-204.35, the Attorney General for the District of Columbia shall be appointed by the Mayor with the advice and consent of the Council pursuant to § 1-523.01.”

The 2015 amendment by D.C. Law 20-155 deleted “which time shall not be before January 1, 2018” following “under § 1-204.35” in (a).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 1163 of the Fiscal Year 2015 Budget Support Emergency Act of 2014 (D.C. Act 20-377, July 14, 2014, 61 DCR 7598, 20 STAT 3696).

For temporary (90 days) amendment of this section, see § 1163 of the Fiscal Year 2015 Budget Support Congressional Review Emergency Act of 2014 (D.C. Act 20-449, October 10, 2014, 61 DCR 10915, 20 STAT 4188).

For temporary (90 days) amendment of this section, see § 1163 of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, January 9, 2015, 62 DCR 884, 21 STAT 541).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(b) of D.C. Law 20-60 provided that § 201 of the act shall apply as of December 13, 2013.


§ 1–301.83. Minimum qualifications and requirements for Attorney General.

(a) No person shall hold the position of Attorney General for the District of Columbia unless that person:

(1) Is a registered qualified elector as defined in § 1-1001.02(20);

(2) Is a bona fide resident of the District of Columbia;

(3) Is a member in good standing of the bar of the District of Columbia;

(4) Has been a member in good standing of the bar of the District of Columbia for at least 5 years prior to assuming the position of Attorney General; and

(5) Has been actively engaged, for at least 5 of the 10 years immediately preceding the assumption of the position of Attorney General, as:

(A) An attorney in the practice of law in the District of Columbia;

(B) A judge of a court in the District of Columbia;

(C) A professor of law in a law school in the District of Columbia; or

(D) An attorney employed in the District of Columbia by the United States or the District of Columbia.

(b) The Attorney General shall devote full-time to the duties of the office and shall not engage in the private practice of law and shall not perform any other duties while in office that are inconsistent with the duties and responsibilities of Attorney General.


(May 27, 2010, D.C. Law 18-160, § 103, 57 DCR 3012.)

Section References

This section is referenced in § 1-301.84, § 1-301.87, and § 1-1001.08.


§ 1–301.84. Forfeiture of the position of Attorney General.

The occurrence of any of the following shall result in automatic forfeiture of the position of Attorney General for the District of Columbia:

(1) Failure to maintain the qualifications required under § 1-301.83(a);

(2) Violation of the prohibition against the private practice of law as provided in § 1-301.83(b); or

(3) Conviction of a felony while in office.


(May 27, 2010, D.C. Law 18-160, § 104, 57 DCR 3012.)


§ 1–301.85. Attorney General salary.

(a) Except as provided in subsection (b) of this section, the Attorney General for the District of Columbia shall be paid at an annual rate equal to the rate of basic pay for level E5 on the Executive Schedule pursuant to § 1-610.52.

(b) An Attorney General for the District of Columbia elected under § 1-204.35 shall receive compensation equal to the Chairman of the Council of the District of Columbia as provided in § 1-204.03(d).


(May 27, 2010, D.C. Law 18-160, § 105, 57 DCR 3012.)


§ 1–301.86. Annual budget for the Office of Attorney General.

(a) The Attorney General for the District of Columbia shall prepare and submit to the Mayor, for inclusion in the annual budget of the District of Columbia under part D of subchapter IV of Chapter 2 of this title [§  1-204.41 et seq.], for the year, annual estimates of the expenditures and appropriations necessary for the operation of the Office of the Attorney General for the year. The Mayor shall make recommendations to the Council of the District of Columbia based on said submissions for the Council’s action pursuant to § 1-204.46 and § 1-206.03(c).

(b) Amounts appropriated for the Office of the Attorney General shall be available solely for the operation of the office, and shall be paid to the Attorney General by the Mayor (acting through the Chief Financial Officer of the District of Columbia) in such installments and at such times as the Attorney General requires.


(May 27, 2010, D.C. Law 18-160, § 106, 57 DCR 3012.)


§ 1–301.86a. Contingency fee contracts.

(a)(1) The Attorney General may make contracts retaining private counsel to furnish legal services, including representation in negotiation, compromise, settlement, and litigation, in claims and other legal matters affecting the interests of the District of Columbia.

(2)(A) Subject to subparagraph (B) of this paragraph, each contract shall include the terms and conditions the Attorney General considers necessary or appropriate, including a provision specifying the amount of any fee to be paid to the private counsel under the contract or the method for calculating that fee.

(B) The amount of the fee payable for legal services furnished under any such contract shall not exceed the fee that counsel engaged in the private practice of law in the District typically charges clients for furnishing similar legal services, as determined by the Attorney General.

(b) Notwithstanding any provision of federal or District of Columbia law, a contract entered into by the District of Columbia pursuant to this section may provide that costs, expenses, and fees that the private counsel charges for legal services are payable from the amount recovered. In such circumstances, the costs, expenses, and fees need not be included in an amount provided in an appropriations law.


(May 27, 2010, D.C. Law 18-160, § 106a; as added Sept. 20, 2012, D.C. Law 19-168, § 3012, 59 DCR 8025.)

Effect of Amendments

D.C. Law 19-168 added this section.


§ 1–301.86b. Litigation Support Fund.

(a) There is established as a special fund the Litigation Support Fund (“Fund”), which shall be administered by the Office of the Attorney General in accordance with this section.

(b) Subject to the limitations of subsection (d)(3) of this section, any recoveries from claims or litigation brought by the Office of the Attorney General on behalf of the District shall be deposited into the Fund.

(c) The Fund shall be used for the purpose of supporting general litigation expenses associated with prosecuting or defending litigation cases on behalf of the District of Columbia.

(c-1) The Fund may be used to pay personnel and non-personnel costs related to administering any grant issued pursuant to the authority provided in [§ 1-301.88f(a).]

(d)(1) Except as provided in paragraph (3) of this subsection, the money deposited into the Fund, and interest earned, shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(3) At no time shall the balance in the Fund, including interest earned, exceed $5 million. Any funds in excess of $5 million shall revert to the unrestricted fund balance of the General Fund of the District of Columbia.

(e) For the purposes of this section, the term “recovery” shall include funds obtained through court determinations or through the settlement of claims in which the Office of the Attorney General represents the District, but shall not include funds obtained through an administrative proceeding or funds obligated to another source by District or federal law.


(May 27, 2010, D.C. Law 18-160, § 106b; as added Oct. 22, 2015, D.C. Law 21-36, § 1032(a), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 3092(a), 63 DCR 10775; Dec. 13, 2017, D.C. Law 22-33, § 3072(a), 64 DCR 7652; May 10, 2019, D.C. Law 22-313, § 2(a), 66 DCR 1627.)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(a) of Attorney General Limited Grant-Making Authority Emergency Amendment Act of 2018 (D.C. Act 22-391, June 27, 2018, 65 DCR 7144).

For temporary (90 days) amendment of this section, see § 3072(a) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).

For temporary (90 days) amendment of this section, see § 3072(a) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).

For temporary (90 days) addition of this section, see § 1032(a) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(a) of Attorney General Limited Grant-Making Authority Temporary Amendment Act of 2018 (D.C. Law 22-160, Sept. 1, 2018, 65 DCR 7539).


§ 1–301.86c. Attorney General Restitution Fund.

(a) There is established as a special fund the Attorney General Restitution Fund ("Fund"), which shall be administered by the Office of the Attorney General ("OAG") in accordance with subsections (c) and (d) of this section.

(b) Revenue from the following awards shall be deposited into the Fund:

(1) Awards of restitution for property lost or damages suffered by consumers made under a court order, judgment, or settlement in any action or investigation under § 28-3909(a); and

(2) Awards on behalf of an aggrieved employee made under a court order, judgment, or settlement in any action or investigation under § 32-1306(a)(2)(A)(iii).

(c) Money in the Fund shall be used for the following purposes:

(1) The payment of awards as required by a court order, judgment, or settlement in an action or investigation OAG conducts under § 28-3909(a) or § 32-1306(a)(2)(A)(iii); and

(2) The payment of costs and expenses related to maintaining the Fund, including costs associated with the claims process described in subsection (e) of this section.

(d) Before the OAG authorizes any payments from the Fund to an individual under this section, the Office of the Chief Financial Officer shall determine whether the individual owes any amount to the District and deduct the amount owed from the award to the individual, if any.

(e)(1) Upon receipt of revenue resulting from an award under this section, OAG shall conduct a claims procedure to:

(A) Locate each person entitled to receive an award; and

(B) Distribute the awarded amounts to these individuals, minus any amounts deducted under subsection (d) of this section.

(2) At the conclusion of the claims procedure under paragraph (1) of this subsection or the time period for payment designated by a court order, judgment, or settlement, and if not otherwise directed by the court order, judgment, or settlement, OAG may apply any part of the award to the costs and expenses related to maintaining the Fund and conducting the claims process under subsection (c)(2) of this section.

(3) After paragraphs (1) and (2) of this subsection have been completed, any excess funds remaining from the award shall be treated as unclaimed property pursuant to Chapter 1 of Title 41.

(f)(1) The money deposited into the Fund shall not revert to the unrestricted fund balance of the General Fund of the District of Columbia at the end of any fiscal year or at any other time.

(2) Subject to authorization in an approved budget and financial plan, any funds appropriated in the Fund shall be continually available without regard to fiscal year limitation.

(g) The Attorney General, pursuant to subchapter I of Chapter 5 of Title 2), may issue rules to implement the provisions of this section.

(h) On an annual basis, the Office of the Inspector General shall conduct an audit of the income and expenditures of the Fund and shall submit the audit to the Attorney General, the Mayor, and the Council.


(May 27, 2010, D.C. Law 18-160, § 106c; as added Dec. 13, 2017, D.C. Law 22-33, § 3072(b), 64 DCR 7652.)

Emergency Legislation

For temporary (90-day) creation of this section, see § 3072(b) of the Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017, effective October 24, 2017 (D.C. Act 22-167; 64 DCR 10802).

For temporary (90-day) creation of this section, see § 3072(b) of the Fiscal Year 2018 Budget Support Emergency Act of 2017, effective July 20, 2017 (D.C. Act 22-104; 64 DCR 7032).


§ 1–301.87. Chief Deputy Attorney General, Deputy Attorneys General, and Assistant Attorneys General.

(a) The Attorney General shall appoint a Chief Deputy Attorney General who shall meet the qualifications of § 1-301.83. The Chief Deputy Attorney General shall serve under the direction and control of the Attorney General and shall perform such duties as may be assigned to him or her by the Attorney General.

(b)(1) The Deputy Attorneys General and Assistant Attorneys General shall serve under the direction and control of the Attorney General and shall perform such duties as may be assigned to them by the Attorney General.

(2) A Deputy Attorney General shall be a resident of the District of Columbia within 180 days of his or her appointment.


(May 27, 2010, D.C. Law 18-160, § 107, 57 DCR 3012.)


§ 1–301.88. Authority to administer oaths.

The Attorney General, Chief Deputy Attorney General, Deputy Attorneys General, and Assistant Attorneys General are authorized to administer oaths and affirmations in the discharge of their official duties within the District of Columbia.


(May 27, 2010, D.C. Law 18-160, § 108, 57 DCR 3012.)


§ 1–301.88a. Authority over personnel.

The Attorney General shall be the personnel authority for the Office of the Attorney General. The Attorney General’s personnel authority shall be independent of the personnel authority of the Mayor established under §§  1-204.22 and 1-604.06, except that the personnel provisions applicable to the Mayor under Chapter 6 of this title [§ 1-601.01 et seq.], shall apply to the Attorney General’s exercise of this authority, unless specifically exempted by District statute.


(May 27, 2010, D.C. Law 18-160, § 108a; as added Oct. 22, 2015, D.C. Law 21-36, § 1032(b), 62 DCR 10905.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1032(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–301.88b. Authority for procurement of goods and services.

(a) The Attorney General shall carry out procurement of goods and services for the Office of the Attorney General through a procurement office or division. The procurement office or division shall operate independently of, and shall not be governed by, the Office of Contracting and Procurement established pursuant to Chapter 3A of Title 2 [§ 2-351.01 et seq.], except as provided in § 2-352.01(b).

(b)(1) The Attorney General shall issue rules to govern the procurement of goods and services for the Office of the Attorney General.

(2) The rules promulgated pursuant to § 2-361.06, shall apply to procurement of goods and services for the Office of the Attorney General unless the Attorney General has issued a superseding rule or regulation.


(May 27, 2010, D.C. Law 18-160, § 108b; as added Oct. 22, 2015, D.C. Law 21-36, § 1032(b), 62 DCR 10905; Oct. 8, 2016, D.C. Law 21-160, § 3092(b), 63 DCR 10775.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1032(b) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

For temporary (90 days) amendment of this section, see § 3 of the Office of the Attorney General Personnel and Procurement Clarification Emergency Amendment Act of 2015 (D.C. Act 21-254, Jan. 6, 2016, 63 DCR 518).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 3 of the Office of the Attorney General Personnel and Procurement Clarification Temporary Amendment Act of 2015 (D.C. Law 21-91, Mar. 23, 2016, 63 DCR 989).


§ 1–301.88c. Authority to issue subpoenas for the production of documents.

(a) Except as provided in subsection (c) of this section, the Attorney General for the District of Columbia shall have the authority to issue subpoenas for the production of documents concerning criminal and delinquent offenses that the Attorney General has the authority to prosecute. The power to issue subpoenas under this section shall not be delegated other than to the Chief Deputy Attorney General, a Deputy Attorney General, or an Assistant Deputy Attorney General.

(b) Subpoenas issued pursuant to subsection (a) of this section shall contain the following:

(1) The name of the person from whom documents are requested;

(2) The person at the Office of the Attorney General to whom the documents shall be provided, and the date and time by which they must be provided;

(3) A detailed list of the specific documents requested;

(4) A short, plain statement of the recipient’s rights and the procedure for enforcing and contesting the subpoena; and

(5) The signature of the Attorney General, Chief Deputy Attorney General, Deputy Attorney General, or Assistant Deputy Attorney General approving the subpoena request and certifying that the documents sought are not available by other means as defined in subsection (c)(2) of this section.

(c)(1) The Attorney General shall not have the authority to issue a subpoena if:

(A) An indictment, information, or petition has been filed with the court formally charging the target of the investigation;

(B) Three business days have elapsed since the underlying offense was committed; or

(C) Other means are available to obtain the documents sought in the subpoena.

(2) For the purposes of paragraph (1)(C) of this subsection, documents shall be deemed available by other means if:

(A) The documents may be sought by means of a grand jury subpoena and are being sought during business hours on a business day;

(B) The documents have been unsuccessfully sought by means of a grand jury subpoena;

(C) The documents may be sought, or have been unsuccessfully sought, by means of a search warrant for information falling within the categories listed in § 23-521(d); or

(D) Consent has not been sought for the release of the documents, unless a determination has been made that requesting such consent would threaten or impede the investigation.

(d) Any person to whom a subpoena has been issued under this section may exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued may move to quash or modify the subpoena in the Superior Court of the District of Columbia on grounds including:

(1) The Attorney General failed to follow or satisfy the procedures set forth in this section for issuance of a subpoena;

(2) The Attorney General lacked the authority to issue the subpoena under subsection (c) of this section; or

(3) Any other grounds that exist under statute or common law for the quashing or modification of a subpoena.

(e)(1) The Attorney General shall maintain a log of all requests for subpoenas made pursuant to this section that shall include the following:

(A) The name of the person who initiated the subpoena request;

(B) The name of the persons who reviewed and acted on the request;

(C) A written statement justifying the subpoena request; and

(D) A written statement explaining why the subpoena request was approved or denied.

(2) The log produced pursuant to this subsection shall be exempt from disclosure pursuant to § 2-534 as investigatory records that are compiled for law-enforcement purposes, but shall be made available for inspection by the Council upon request.

(f) The Attorney General shall submit to the Council a quarterly report listing the number of subpoenas requested and issued under this section. The report shall include the following:

(1) The offenses being investigated;

(2) Whether the subpoenas were complied with or challenged;

(3) Whether formal charges were filed; and

(4) The circumstances that precluded using a grand jury subpoena, search warrant, or other means as provided under subsection (c) of this section to obtain this information.


(May 27, 2010, D.C. Law 18-160, § 110 [108c]; as added June 3, 2011, D.C. Law 18-376, § 3, 58 DCR 944.)

Prior Codifications

2001 Ed., § 1-301.89a


§ 1–301.88d. Authority to issue subpoenas in investigation of consumer protection matters.

(a) The Attorney General, or his or her designee, shall have the authority to issue subpoenas for the production of documents and materials or for the attendance and testimony of witnesses under oath, or both, related to an investigation into unfair, deceptive, unconscionable, or fraudulent trade practices by or between a merchant or consumer, as defined in § 28-3901.

(b) Subpoenas issued pursuant to subsection (a) of this section or § 28-3910 shall contain the following:

(1) The name of the person from whom testimony is sought or the documents or materials requested;

(2) The person at the Office of the Attorney General to whom the documents shall be provided;

(3) A detailed list of the specific documents, books, papers, or objects being requested, if any;

(4) The date, time, and place that the recipient is to appear to give testimony or produce the materials specified under paragraph (3) of this subsection, or both;

(5) A short, plain statement of the recipient’s rights and the procedure for enforcing and contesting the subpoena; and

(6) The signature of the Attorney General, Chief Deputy Attorney General, Deputy Attorney General, or Assistant Deputy Attorney General approving the subpoena request.

(c) Unless otherwise permitted by the Office of the Attorney General, only attorneys for the Office of the Attorney General and their staff, other people involved in the investigation, the witness under examination, his or her attorney, interpreters when needed, and, for the purpose of taking the evidence, a stenographer or operator of a recording device may be present during the taking of testimony.

(d) In the case of refusal to obey a subpoena issued under this section, the Attorney General may petition the Superior Court of the District of Columbia for an order requiring compliance. Any failure to obey the order of the court may be treated by the court as contempt.

(e) Any person to whom a subpoena has been issued under this section or pursuant to § 28-3910 may exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued may move to quash or modify the subpoena in the Superior Court of the District of Columbia on grounds including:

(1) The Attorney General failed to follow or satisfy the procedures set forth in this section for the issuance of a subpoena; or

(2) Any grounds that exist under statute or common law for quashing or modifying a subpoena.


(May 27, 2010, D.C. Law 18-160, § 110a [108d]; as added Oct. 22, 2015, D.C. Law 21-36, § 1032(c), 62 DCR 10905.)

Prior Codifications

2001 Ed., § 1-301.89c

Emergency Legislation

For temporary (90 days) addition of this section, see § 1032(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–301.88e. Authority to issue subpoenas in matters involving the financial exploitation of vulnerable adults and the elderly.

(a) Notwithstanding § 1-301.89a(a), and subject to the requirements under this section, the Attorney General for the District of Columbia shall have the authority to issue subpoenas for the production of documents and materials or for the attendance and testimony of witnesses under oath, or both, for the purposes of seeking relief under §§ 22-937 and 22-938.

(b)(1) Subpoena authority established by this section may only be used in furtherance of seeking relief under §§ 22-937 and 22-938.

(2) Testimony obtained pursuant to this subpoena authority shall not be used in furtherance of a criminal investigation related to a violation of § 22-933.01, and shall not be admissible in a criminal proceeding against the person who provided the information.

(c) The Attorney General shall not have the authority to issue a subpoena under this section if an indictment, information, or petition has been filed with the court formally charging the target of the investigation with a violation of § 22-933.01.

(d) The power to issue subpoenas pursuant to this section shall not be delegated other than to the Chief Deputy Attorney General, a Deputy Attorney General, or an Assistant Deputy Attorney General.

(e) Subpoenas issued pursuant to this section shall contain the information required in § 1-301.88d(b).

(f) Unless otherwise permitted by the Office of the Attorney General, only attorneys for the Office of the Attorney General and their staff, other people involved in the investigation, the witness under examination, his or her attorney, interpreters when needed, and, for the purpose of taking the evidence, a stenographer or operator of a recording device may be present during the taking of testimony.

(g) In the case of refusal to obey a subpoena issued under this section, the Attorney General may petition the Superior Court of the District of Columbia for an order requiring compliance. Any failure to obey the order of the court may be treated by the court as contempt.

(h) Any person to whom a subpoena has been issued under this section may exercise the privileges enjoyed by all witnesses. A person to whom a subpoena has been issued may move to quash or modify the subpoena in the Superior Court of the District of Columbia on grounds including:

(1) The Attorney General failed to follow or satisfy the procedures set forth in this section for issuance of a subpoena;

(2) The Attorney General lacked the authority to issue the subpoena under this section; or

(3) Any other grounds that exist under statute or common law for quashing or modification of a subpoena.


(May 27, 2010, D.C. Law 18-160, § 110b [108e]; as added Nov. 23, 2016, D.C. Law 21-166, § 4, 63 DCR 10733.)

Emergency Legislation

For temporary (90 day) creation of § 1-301.88f, see §2(b) of Attorney General Limited Grant-Making Authority Emergency Amendment Act of 2018 (D.C. Act 22-391, June 27, 2018, 65 DCR 7144).

Temporary Legislation

For temporary (225 days) creation of § 1-301.88f, see § 2(b) of Attorney General Limited Grant-Making Authority Temporary Amendment Act of 2018 (D.C. Law 22-160, Sept. 1, 2018, 65 DCR 7539).


§ 1–301.88f. Authority to issue grants for crime reduction and violence interruption.

(a) The Attorney General may issue grants not to exceed the total amount of $360,000 for the purposes of crime reduction and violence interruption.

(b) Personnel and non-personnel costs related to administering any grants issued pursuant to the authority provided in subsection (a) of this section may be paid from funds deposited into the Litigation Support Fund established in § 1-301.86b.


(May 27, 2010, D.C. Law 18-160, § 108c [108f]; as added May 10, 2019, D.C. Law 22-313, § 2(b), 66 DCR 1627.)


§ 1–301.89. Appointment of special counsel.

(a) Except as provided in subsection (b) of this section, if the Attorney General determines that his or her duty to represent the public interest in a particular matter may prevent him or her from adequately representing the government, an agency, or an official, the Attorney General shall notify the Mayor of this circumstance and the Mayor shall appoint special counsel to represent the government, an agency, or an official for the matter.

(b) If the Attorney General determines that he or she is unable to provide adequate representation pursuant to subsection (a) of this section in a matter in which the Mayor is expected to be adverse to the special counsel, the Attorney General shall notify the Chief Judge of the District of Columbia Court of Appeals, who shall appoint the special counsel for the matter.


(May 27, 2010, D.C. Law 18-160, § 109, 57 DCR 3012.)


§ 1–301.89a. Report on constitutional challenge or District of Columbia Home Rule Act validity challenge.

(a) The Attorney General shall submit a report to the Council of the District of Columbia of any action, suit, or proceeding brought in a court of law in which the Council of the District of Columbia is not a party, and the constitutionality or the validity under Chapter 2 of Title 1 [§ 1-201.01 et seq.], of any District statute, rule, regulation, program, policy, or enactment of any type is questioned, and the Attorney General has been notified pursuant to:

(1) Rule 24(c) of the Superior Court of the District of Columbia Rules of Civil Procedure; or

(2) Rule 5.1(a) of the Federal Rules of Civil Procedure.

(b) The Attorney General shall submit a report to the Council of the District of Columbia of the establishment or implementation of any formal or informal policy by the Attorney General, or any officer of the Office of the Attorney General, to refrain from:

(1) Enforcing, applying, or administering any provision of any District statute, rule, regulation, program, policy, or enactment of any type affecting the public interest of the District of Columbia; or

(2) Defending, either by affirmatively contesting or through refraining from defending, any District statute, rule, regulation, program, policy, or enactment of any type affecting the public interest of the District of Columbia.

(c)(1) A report required under subsection (a) of this section shall be submitted to the Council within 30 calendar days from the date the Attorney General receives notice as provided in subsection (a)(1) or (a)(2) of this section, and shall contain sufficient information to identify the action, suit, or proceeding underlying the challenge.

(2) A report required under subsection (b) of this section shall be submitted to the Council within 30 calendar days from the date the Attorney General establishes or implements a formal or informal policy, or is made aware of the establishment or implementation of a formal or informal policy, as described in subsection (b) of this section, and shall contain:

(A) The date the formal or informal policy, as described in subsection (b) of this section, was established or implemented; and

(B) A complete and detailed statement describing the policy and identifying the statute, rule, regulation, program, policy, or enactment that is the subject of the policy.


(May 27, 2010, D.C. Law 18-160, § 111; as added Apr. 27, 2013, D.C. Law 19-287, § 2, 60 DCR 2322.)

Prior Codifications

2001 Ed., § 1-301.89b

Effect of Amendments

The 2013 amendment by D.C. Law 19-287 added this section.


§ 1–301.89b. Attorney General notification on enforcement of laws.

(a) An independent agency shall notify the Attorney General of any judicial or administrative proceeding in which the independent agency is a named party when the judicial or administrative proceeding includes a challenge to:

(1) The legality of a District or federal statute or regulation;

(2) The constitutionality of a final agency decision or any action taken by the independent agency; or

(3) The statutory authority of the independent agency to act.

(b) An independent agency shall notify the Attorney General before commencing, or filing a pleading seeking leave to participate as a party or amicus curiae in, a judicial or administrative proceeding that includes a challenge as described in subsection (a) of this section.

(c) An independent agency shall provide notice as required by this section as early as practicable, but in no event later than:

(1) Seven business days after receiving notice of the judicial or administrative proceeding; or

(2) If a challenge or potential challenge requiring notice under subsection (b) of this section arises during the course of a judicial or administrative proceeding, 3 business days after becoming aware of the challenge or potential challenge.

(d) For the purposes of this section, the term "independent agency" means any office, department, division, board, commission, or instrumentality of the District of Columbia government with respect to which the Mayor and the Council are not authorized by law to establish administrative procedures, and that is not represented by the Attorney General in a judicial or administrative proceeding in which the office, department, division, board, commission or instrumentality is participating as a named party or amicus curiae. The term "independent agency" does not include the Council, the Superior Court of the District of Columbia, or the District of Columbia Court of Appeals.


(May 27, 2010, D.C. Law 18-160, § 111; as added Oct. 8, 2016, D.C. Law 21-160, § 3092(c), 63 DCR 10775.)


§ 1–301.89c. Authority to issue subpoenas in investigation of consumer protection matters. [Recodified]

Recodified as § 1-301.88d.


(May 27, 2010, D.C. Law 18-160, § 110a [108d]; as added Oct. 22, 2015, D.C. Law 21-36, § 1032(c), 62 DCR 10905.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 1032(c) of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).


§ 1–301.90. Inability to carry out duties as Attorney General.

(a)(1) If the Attorney General for the District of Columbia is temporarily unable or unavailable to carry out the duties of the office, the Chief Deputy Attorney General shall serve as acting Attorney General as of the date that notice of such disability or unavailability is provided under paragraph (2) of this subsection and until the date that notice of resolution of the disability is provided under paragraph (3) of this subsection.

(2) Upon determining that he or she is temporarily unable or unavailable to carry out the duties of the office, the Attorney General shall provide written notice of the disability to the Chief Deputy Attorney General. If the Attorney General is incapable of providing the notice, the Mayor shall provide the notice.

(3) Upon determining that the disability or unavailability under paragraph (1) of this subsection has been resolved, the Attorney General shall provide written notice to the acting Attorney General that the Attorney General is able to carry out the duties of the office. The Attorney General shall reassume the position as of the date of the written notice.

(b) This section shall apply upon the election of an Attorney General for the District of Columbia pursuant to § 1-204.35.


(May 27, 2010, D.C. Law 18-160, § 121, 57 DCR 3012.)