Subchapter VIII-B. Government Attorneys.

§§ 1-608.51 – 1-608.66

Part B. Certificate of Good Standing Filing Requirement.

§§ 1-608.81 – 1-608.82

Part A. General.

§ 1–608.51. Definitions.

For the purposes of this subchapter, the term:

(1) “Agency” means any subordinate or independent agency of the District government, but does not include the following entities:

(A) Superior Court or the Court of Appeals;

(B) District of Columbia Financial Responsibility and Management Assistance Authority;

(D) Repealed;

(E) Housing Finance Agency;

(F) Pretrial Services Agency;

(G) Public Defender Service;

(H) Water and Sewer Authority;

(I) Washington Convention and Sports Authority;

(J) Housing Authority; or

(K) Any agency or unit thereof excluded by court order from coverage pursuant to this chapter.

(2) "Attorney" means:

(A) Any position which is classified as part of Series 905, except for any position that is occupied by a person whose duties, in whole or in substantial part, consist of hearing cases as an administrative law judge or as an administrative hearing officer; and

(B) Notwithstanding subparagraph (A) of this paragraph, a hearing examiner employed by the Office of Employee Appeals.

(3) “Senior Executive Attorney Service position” means:

(A) Any attorney position which is classified above DS-15, or an equivalent position, and in which the employee:

(i) Directs the work of an organizational unit;

(ii) Is held accountable for the success of one or more specific programs or projects;

(iii) Monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to these goals;

(iv) Supervises the work of employees other than personal assistants;

(v) Performs important legal policy-making or policy-determining functions; or

(vi) Provides significant leadership in legal counseling or in the trial of cases;

(B) Any attorney who is a Deputy Attorney General, Chief Deputy Attorney General, Special Deputy Attorney General, Senior Counsel to the Attorney General, General Counsel or the equivalent for any agency subordinate to the Mayor, or any other attorney in the Office of the Attorney General for the District of Columbia who routinely reports directly to the Attorney General; or

(C) Any attorney who is a General Counsel employed by an independent agency, except attorneys employed by the Chief Financial Officer.

(Mar. 3, 1979, D.C. Law 2-139, § 851; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(a), 47 DCR 520; July 12, 2001, D.C. Law 14-18, § 9(b), 48 DCR 4047; Oct. 20, 2005, D.C. Law 16-33, § 3012(a), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191,§ 5(p)(1), 53 DCR 6794; Mar. 3, 2010, D.C. Law 18-111, § 2082(b), 57 DCR 181; Apr. 25, 2018, D.C. Law 22-87, § 2(b), 65 DCR 2368.)

Prior Codifications

1981 Ed., § 1-609.51.

Section References

This section is referenced in § 1-608.53 and § 7-771.06.

Effect of Amendments

D.C. Law 13-91, in subpar. (K) of par. (1), substituted “pursuant to this chapter” for “pursuant to the CMPA”.

D.C. Law 14-18 repealed subpar. (D) of par. (1) which had read:

“(D) Health and Hospitals Public Benefit Corporation;”

D.C. Law 16-33, rewrote pars. (3)(B) and (3)(C).

D.C. Law 16-191, in par. (3)(B), validated a previously made technical correction.

D.C. Law 18-111, in par. (1)(I), substituted “Washington Convention and Sports Authority” for “Washington Convention Center Authority”.

Applicability

Section 7029 of D.C. Law 22-168 repealed section 3 of D.C. Law 22-87 amending the applicability restriction impacting this section. Therefore the amendments of this section by D.C. Law 22-87 have been implemented.

Applicability of D.C. Law 22-87: § 3 of D.C. Law 22-87 provided that the change made to this section by § 2(b) of D.C. Law 22-87 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 addition of subchapter IX-B, see § 2(j) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).

For temporary (90 day) amendment of section, see § 3012(a) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 day) amendment of section, see § 2082(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).

For temporary (90 day) amendment of section, see § 2082(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).

Short Title

Short title of subtitle B of title III of Law 16-33: Section 3011 of D.C. Law 16-33 provided that subtitle B of title III of the act may be cited as the Legal Service Amendment Act of 2005.

§ 1–608.51a. Establishment of the Mayor’s Office of Legal Counsel.

(a) Pursuant to § 1-204.04(b), the Council establishes the Mayor’s Office of Legal Counsel, within the executive branch of the District of Columbia government. The office shall be headed by a Director who shall be appointed by the Mayor and serve at the Mayor’s pleasure.

(b)(1) The purposes of the Mayor’s Office of Legal Counsel shall include:

(A) Coordinating the hiring, compensation, training, and resolution of significant personnel-related issues for subordinate agency counsel in conjunction with agency directors;

(B) Providing legal and policy advice to the Mayor and executive branch;

(D) Overseeing the representation of agencies in investigative matters before the executive branch of the federal government, Congress, or the Council of the District of Columbia; and

(E) Supervising outside counsel in matters where the Office of the Attorney General is recused from a matter or otherwise not available.

(2) The Director shall employ attorneys and support staff to assist in carrying out the purposes of the office. At least one staff member shall have as one of his or her primary duties the management of issues arising from subordinate agency general counsel-related matters.

(Mar. 3, 1979, D.C. Law 2-139, § 851a; as added Dec. 13, 2013, D.C. Law 20-60, § 101(a), 60 DCR 15487.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 added this section.

Emergency Legislation

For temporary (90 days) amendment of D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) 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 D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) 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 D.C. Law 20-60, § 401(a), see §§ 1013, 1014(b), and 1014(c) of the Fiscal Year 2015 Budget Support Second Congressional Review Emergency Act of 2014 (D.C. Act 20-566, Jan. 9, 2015, 62 DCR 884, 21 STAT 541).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Applicability of D.C. Law 20-60: Section 1013 of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, § 101, shall apply as of October 1, 2018; Section 1014(b) of D.C. Law 20-155 amended D.C. Law 20-60 to provide that D.C. Law 20-60, § 101, shall apply as of October 1, 2014.

Applicability of D.C. Law 20-155: Section 1014(c) of D.C. Law 20-155 provided that § 1014 of the act shall apply upon the inclusion of its fiscal effect in an approved budget and financial plan, as certified by the Chief Financial Officer to the Budget Director of the Council in a certification published by the Council in the District of Columbia Register.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.52. Creation of the Legal Service.

There is established within the District government a Legal Service for the Council, independent agencies, and subordinate agencies to ensure that the law business of the District government is responsive to the needs, policies, and goals of the District and is of the highest quality. In order to improve the quality and timeliness of the legal services that support the lawful activities, objectives, and policies of the District government, all attorneys who perform work primarily as or for the General Counsels of the subordinate agencies shall become employees of the subordinate agencies they advise.

(Mar. 3, 1979, D.C. Law 2-139, § 852; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(b), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(b), 60 DCR 15487; Apr. 1, 2017, D.C. Law 21-232, § 2(f), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-609.52.

Section References

This section is referenced in § 1-608.62.

Effect of Amendments

D.C. Law 16-33 rewrote the section, which had read as follows: “There is established within the District government a Legal Service for independent and subordinate agencies to ensure that the law business of the District government is responsive to the needs, policies, and goals of the District and is of the highest quality. In order to improve the quality and timeliness of the legal services that support the lawful activities, objectives, and policies of the District government, this subchapter shall vest in the Corporation Counsel supervisory authority of attorneys employed by the subordinate agencies.”

The 2013 amendment by D.C. Law 20-60 substituted “all attorneys who perform work primarily as or for the General Counsels of the subordinate agencies shall become employees of the subordinate agencies they advise” for “all attorneys who perform work for subordinate agencies shall become employees of the Office of the Attorney General for the District of Columbia” in the second sentence.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(f) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(f) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(b) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.53. Creation of the Senior Executive Attorney Service.

(a) A Senior Executive Attorney Service is established as part of the Legal Service. The Senior Executive Attorney Service shall be administered to assure that Senior Executive Attorneys are accountable and responsible for the effectiveness and productivity of employees under their supervision.

(b) Notwithstanding subchapter XVI-A of this chapter, an appointment to the Senior Executive Attorney Service shall be at will employment, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute.

(c) A Senior Executive Attorney who is to be removed or whose grade is to be reduced may be appointed, at the discretion of the Director of the Mayor’s Office of Legal Counsel or Attorney General, to a position in the Legal Service which is available and for which the attorney is qualified, if the removal or reduction in grade is not for delinquency or misconduct.

(d) A Senior Executive Attorney employed by the Office of the Attorney General shall serve at the pleasure of the Attorney General. A Senior Executive Attorney employed by a subordinate agency shall serve at the pleasure of the head of the subordinate agency. A Senior Executive Attorney employed by the Mayor’s Office of Legal Counsel shall serve at the pleasure of the Director of the Mayor’s Office of Legal Counsel.

(e) A Senior Executive Attorney employed by a subordinate agency shall serve at the pleasure of the head of the subordinate agency, and the subordinate agency head shall consult with the Director of the Mayor’s Office of Legal Counsel before making any decision concerning the termination of a Senior Executive Attorney.

(f) A Senior Executive Attorney employed by an independent agency shall serve at the pleasure of the agency head, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute.

(g) Persons currently holding an appointment in the Excepted Service which meet the definition of a Senior Executive Attorney Service position as defined in § 1-608.51(3) shall be appointed to the Senior Executive Attorney Service unless the employee declines the appointment. A person who declines this appointment shall be appointed within 3 months to another position in the Legal Service if a vacant position for which the employee qualifies is available and is acceptable to the employee.

(h) An individual appointed to the Senior Executive Attorney Service shall be paid separation pay of up to 12 weeks of his or her basic pay upon separation for non-disciplinary reasons.

(Mar. 3, 1979, D.C. Law 2-139, § 853; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(b), 47 DCR 520; Oct. 20, 2005, D.C. Law 16-33, § 3012(c), 52 DCR 7503; Apr. 7, 2006, D.C. Law 16-91, § 121, 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 5(p)(2), 53 DCR 6794; Dec. 13, 2013, D.C. Law 20-60, § 101(c), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.53.

Section References

This section is referenced in § 1-608.59, § 2-1831.08, and § 34-804.

Effect of Amendments

D.C. Law 13-91 rewrote subsec. (b), which previously read:

“An appointment to the Senior Executive Attorney Service shall be at-will employment.”; and in subsec. (f), added “, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute”.

D.C. Law 16-33, in subsecs. (a) through (d), substituted “Attorney General” for “Corporation Counsel”; and rewrote subsec. (e).

D.C. Law 16-91, in subsecs. (a) through (d), validated previously made technical corrections.

D.C. Law 16-191, in subsecs. (a) to (d), validated previously made technical corrections.

The 2013 amendment by D.C. Law 20-60 substituted “Director of the Mayor’s Office of Legal Counsel or Attorney General” for “Attorney General” in (c); added the last two sentences in (d); and rewrote (e).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(a) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(a) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 3012(c) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.54. Appointment of attorneys.

(a) Attorneys employed by the Office of the Attorney General shall be hired by the Attorney General. Attorneys employed by subordinate agencies shall be hired by the subordinate agency heads after consultation with the Director of the Mayor’s Office of Legal Counsel. Attorneys employed by the Mayor’s Office of Legal Counsel shall be hired by the Director of the Mayor’s Office of Legal Counsel.

(b) Attorneys employed by an independent agency shall be hired by the head of the agency or the Senior Executive Attorney designee.

(Mar. 3, 1979, D.C. Law 2-139, § 854; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(c), 47 DCR 520; Oct. 20, 2005, D.C. Law 16-33, § 3012(d), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(d), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.54.

Effect of Amendments

D.C. Law 13-91, in subsec. (b), added “or the Senior Executive Attorney designee”; and added subsec. (c).

D.C. Law 16-33 rewrote subsec. (a), which had read as follows: “(a) Attorneys employed by the Office of the Corporation Counsel, wherever located in the District government, shall be hired by the Corporation Counsel. Attorneys, including Senior Executive Attorneys, employed by any other subordinate agency shall be hired by the head of the agency with the approval of the Corporation Counsel.”

The 2013 amendment by D.C. Law 20-60 rewrote (a).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(b) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(b) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 3012(d) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.55. Supervision of attorneys.

(a) Attorneys employed by the Office of the Attorney General, wherever located in the District government, including Senior Executive attorneys, shall act under the direction, supervision, and control of the Attorney General.

(a-1) Attorneys employed by subordinate agencies shall act under the direction, supervision, and control of the head of the subordinate agency.

(a-2) Attorneys employed by the Council:

(1) If employed in the office of a Councilmember, shall act under the direction, supervision, and control of the Councilmember;

(2) If employed in the office of a Committee of the Council, shall act under the direction, supervision, and control of the Chair of the Committee; and

(3) If employed in the office of a Council Officer, shall act under the direction, supervision, and control of the Council Officer.

(b) Attorneys employed by the Mayor’s Office of Legal Counsel shall be under the direction, supervision, and control of the Director of the Mayor’s Office of Legal Counsel.

(c) Attorneys employed by independent agencies shall act under the direction, supervision, and control of the respective agency heads.

(d) The Director of the Mayor’s Office of Legal Counsel may, with the consent of a subordinate agency director, assign an attorney employed by the Mayor’s Office of Legal Counsel to perform work primarily as or for the General Counsel of the affected subordinate agency, whether located at the agency or not, in the Director of the Mayor’s Office of Legal Counsel’s discretion.

(Mar. 3, 1979, D.C. Law 2-139, § 855; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(e), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(e), 60 DCR 15487; Apr. 1, 2017, D.C. Law 21-232, § 2(g), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-609.55.

Section References

This section is referenced in § 1-608.53, § 1-608.56, § 7-771.06, and § 7-1131.08.

Effect of Amendments

D.C. Law 16-33, rewrote subsec. (a), (b) and (d).

The 2013 amendment by D.C. Law 20-60 would have added (a-1); and would have rewritten (b) and (d).

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(g) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(g) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(e) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.56. Disciplinary action for attorneys other than Senior Executive Attorneys.

(a) Notwithstanding subchapter XVI-A of this chapter [§ 1-616.51 et seq.], a Legal Service attorney, other than a Senior Executive Attorney, shall be subject to disciplinary action, including removal, suspension, reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay, for unacceptable performance or for any reason that is not arbitrary or capricious.

(b) The disciplinary action provided for in subsection (a) of this section shall be taken by:

(1) The Attorney General when the attorney is employed by the Office of the Attorney General and performs work primarily for that Office, whether located in that Office or not;

(1A) The Director of the Mayor’s Office of Legal Counsel when the attorney is employed by the Mayor’s Office of Legal Counsel and performs work primarily for that office, whether located in that office or not;

(2) Repealed; or

(3) The agency head or the Senior Executive Attorney designee when the attorney is employed by an independent agency, and by the subordinate agency head in consultation with the Director of the Mayor’s Office of Legal Counsel when the attorney is employed by a subordinate agency.

(c) Any disciplinary action taken pursuant to this section against an attorney employed by a subordinate agency or the Mayor’s Office of Legal Counsel may be appealed to the Mayor. Any such action taken against an attorney employed by the Office of the Attorney General may be appealed to the Attorney General. The Mayor’s and the Attorney General’s decisions regarding disciplinary actions shall be final.

(d) The disciplinary provisions of § 1-609.05 shall apply to Legal Service employees of the Council of the District of Columbia.

(Mar. 3, 1979, D.C. Law 2-139, § 856; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(d), 47 DCR 520; Oct. 30, 2004, 118 Stat. 2230, Pub. L. 108-386, § 7; Oct. 20, 2005, D.C. Law 16-33, § 3012(f), 52 DCR 7503; Apr. 7, 2006, D.C. Law 16-91, § 110(b), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 5(p)(3), 53 DCR 6794; Dec. 13, 2013, D.C. Law 20-60, § 101(f), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.56.

Section References

This section is referenced in § 1-608.62.

Effect of Amendments

D.C. Law 13-91, in subsec. (a), inserted “Notwithstanding subchapter XVII-A,”.

Subsec. (110)(d)(1)(B) of D.C. Law 13-91 provided:

“(1) Subsection (a) is amended as follows:

“(B)(i) Strike the phrase ‘or reduction in grade,’ and insert the phrase ‘reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay,’ in its place.

“(ii) The subparagraph shall apply upon the enactment of legislation by the United States Congress that states ‘Notwithstanding any other law, section 3(c)(1)(B)(i) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999, adopted by the Council of the District of Columbia is enacted into law’.”

Pub. L. 108-386, in subsec. (a), substituted “reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay,” for “or reduction in grade,”.

D.C. Law 16-33 rewrote subsec. (b), which had read as follows: “(b) The disciplinary action provided for in subsection (a) of this section shall be taken by: (1) The Corporation Counsel when employed by the Office of the Corporation Counsel; (2) The Corporation Counsel, after consulting with the agency head, when the attorney is employed by a subordinate agency and there has been no delegation of authority over the attorney pursuant to § 1-608.55; or (3) The agency head or the Senior Exec Attorney designee when the attorney is employed by an independent agency or by a subordinate agency and the Corporation Counsel has delegated authority over the attorney to the subordinate agency head pursuant to § 1-608.55.”

D.C. Law 16-91 added subsec. (d).

D.C. Law 16-191, in subsec. (b)(2), validated a previously made technical correction.

The 2013 amendment by D.C. Law 20-60 would have added (b)(1A); would have repealed (b)(2); and would have rewritten (b)(3) and (c).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(c) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(c) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 3012(f) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Effective Dates

Section 9 of Pub. L. 108-386, 118 Stat. 2228, the 2004 District of Columbia Omnibus Authorization Act, provided: “The amendments made by this section shall take effect on the date of the enactment of this Act.”

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.57. Continuing legal education; management supervisory skills maintenance and enhancement; accountability standards and plans.

(a)(1) Attorneys in the Legal Service, other than attorneys employed by an independent agency or the Council, shall participate in an annual mandatory program of continuing legal education. The Attorney General shall establish a program for attorneys employed by the Office of the Attorney General, and the Director of the Mayor’s Office of Legal Counsel shall establish a program for attorneys employed by the subordinate agencies and the Mayor’s Office of Legal Counsel.

(2) Training programs offered by the Office of the Attorney General shall, to the extent practicable, be made available with no charge to attorneys employed by the subordinate agencies; likewise, training programs offered by the Mayor’s Office of Legal Counsel for attorneys employed by the subordinate agencies shall, to the extent practicable, be made available with no charge to attorneys in the Office of the Attorney General.

(3) Attorneys in the Legal Service who supervise one or more other attorneys as part of their normal duties shall maintain and enhance their management and supervisory skills through at least annual in-house or other training arranged or approved by their employing agency.

(b) The Attorney General and the Director of the Mayor’s Office of Legal Counsel shall each develop and establish performance management systems that include accountability standards and individual accountability plans for all attorneys, including Senior Executive Attorneys, in the Legal Service who are under their direction, supervision, or control. The performance management systems shall link pay to performance.

(c) The head of an independent agency that employs attorneys in the Legal Service shall develop and establish a performance management system that includes accountability standards and individual accountability plans for all attorneys in the Legal Service who are under their direction and control. The head of an independent agency may utilize a system developed for use by the Attorney General or the Director of the Mayor’s Office of Legal Counsel for attorneys under the independent agency head’s direction or control. The performance management system shall link pay to performance.

(Mar. 3, 1979, D.C. Law 2-139, § 857; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(g), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(g), 60 DCR 15487; Apr. 1, 2017, D.C. Law 21-232, § 2(h), 64 DCR 876.)

Prior Codifications

1981 Ed., § 1-609.57.

Effect of Amendments

D.C. Law 16-33 substituted “Attorney General” for “Corporation Counsel”.

The 2013 amendment by D.C. Law 20-60 rewrote the section.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(h) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(h) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(g) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.58. Pay parity for attorneys.

(a) Compensation for Legal Service attorneys shall be reviewed annually by the Mayor and shall be fixed in accordance with the following policy:

(1) The compensation of Senior Executive Attorneys shall be competitive with that provided by the federal government Senior Executive Service Salary Table for attorneys in the Washington metropolitan area having comparable duties, responsibilities, qualifications and experience; and

(2) The compensation of all other Legal Service Attorneys shall be competitive with that provided by the federal government General Schedule for attorneys in the Washington metropolitan area having comparable duties, responsibilities, qualifications, and experience.

(b) Pay shall be established by the Mayor and submitted by resolution to the Council pursuant to § 1-611.06.

(Mar. 3, 1979, D.C. Law 2-139, § 858; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318.)

Prior Codifications

1981 Ed., § 1-609.58.

Section References

This section is referenced in § 34-804.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

Resolutions

Resolution 15-793, the “Office of the Attorney General for the District of Columbia Legal Services Non-Collective Bargaining Unit Employees Compensation System Changes Approval Resolution of 2004”, was approved effective December 21, 2004.

Resolution 15-795, the “Office of the Attorney General Legal Services Managers Compensation System Establishment Rulemaking and Compensation System Changes Approval Resolution of 2004”, was approved effective December 21, 2004.

Resolution 16-319, the “Office of the Attorney General Legal Service Managers Compensation System Changes Approval Resolution of 2005”, was approved effective October 11, 2005.

Resolution 16-320, the “Office of the Attorney General for the District of Columbia Legal Service Non-Collective Bargaining Employees Compensation System Changes Approval Resolution of 2005”, was approved effective October 11, 2005.

§ 1–608.59. Residency.

(a) The provisions of § 1-515.02 shall apply to employment in the Legal Service other than the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia.

(b) Notwithstanding the provisions of Unit A of Chapter 14 of Title 2, and in accordance with § 1-515.03, any attorney appointed to the Senior Executive Service Attorney Service and an attorney appointed to the Legal Service at the Council shall become a resident of the District within 180 days of the effective date of the appointment, and shall remain a District resident for the duration of the employment. Failure to become a District resident or to maintain District residency shall result in forfeiture of the position to which the person has been appointed.

(c) Beginning on May 23, 2019, waivers for residency requirements applicable to employees in the Legal Service shall be governed by § 1-515.05; provided, that a waiver of the residency requirement described in subsection (b) of this section issued before May 23, 2019, for an individual appointed to a hard-to-fill position in the Senior Executive Service Attorney Service, shall remain effective for the duration of the individual's appointment to the position for which the individual received the waiver.

(d) Verification and enforcement of District residency shall occur pursuant to § 1-515.04.

(Mar. 3, 1979, D.C. Law 2-139, § 859; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(e), 47 DCR 520; May 23, 2019, D.C. Law 22-315, § 3(f), 66 DCR 1983.)

Prior Codifications

1981 Ed., § 1-609.59.

Section References

This section is referenced in § 2-1831.08.

Effect of Amendments

D.C. Law 13-91, in subsecs. (a) and (b), substituted “the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia” for “the Senior Executive Attorney Service”.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(d) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(d) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

§ 1–608.60. Reporting.

No later than one year after April 20, 1999, the Corporation Counsel shall report, in writing, to the Mayor and the Council concerning all aspects of the operation of the Legal Service since its establishment. This report shall include a description of:

(1) The effect of any pay increase approved for attorneys in the Legal Service on the quality of applicants for positions in the Legal Service and the retention of highly qualified attorneys;

(2) The experience under the new standards for adverse and corrective actions;

(3) The programs established for legal and management training;

(4) The performance management system established, including the results obtained from linking the award of additional income allowances to performance; and

(5) Any other matters that the Corporation Counsel identifies as relevant.

(Mar. 3, 1979, D.C. Law 2-139, § 860; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(f), 47 DCR 520.)

Prior Codifications

1981 Ed., § 1-609.60.

Effect of Amendments

D.C. Law 13-91 redesignated former subsecs. (a) to (e) as subsecs. (1) to (5), respectively.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

§ 1–608.61. Rulemaking.

The Attorney General and the Director of the Mayor’s Office of Legal Counsel may each adopt rules to implement the provisions of this subchapter in accordance with subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.].

(Mar. 3, 1979, D.C. Law 2-139, § 861; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(h), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(h), 60 DCR 15487.)

Prior Codifications

1981 Ed., § 1-609.61.

Effect of Amendments

D.C. Law 16-33 substituted “Attorney General” for “Corporation Counsel”.

The 2013 amendment by D.C. Law 20-60 would have substituted “Attorney General and the Director of the Mayor’s Office of Legal Counsel may each” for “Attorney General may”.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 day) amendment of section, see § 3012(h) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.62. Applicability.

The provisions of this subchapter shall apply on April 20, 1999, except as follows:

(1) Section 1-608.52 shall include attorneys employed by the District of Columbia Board of Education as part of the new Legal Service only as long as there is no Congressional statutory requirement that attorneys employed by the District of Columbia public schools be classified as Educational Service employees.

(2) Repealed.

(3) Within 90 days after April 20, 1999, the Mayor shall appoint to the new Legal Service any attorney who has been appointed to a position in the Office of the Corporation Counsel as of the effective date of this subchapter. Effective October 1, 1999, the appropriate personnel authority shall appoint to the new Legal Service any attorney who has been appointed to a position in any other subordinate agency or in any independent agency as of that date.

(4) The provisions of § 1-608.56 shall apply to individuals hired on or before December 31, 1979 as attorneys by the Mayor, an agency under the personnel authority of the Mayor, or any independent agency upon enactment of legislation by Congress that states the following:

“Notwithstanding any other law, the provisions contained in Title VIII-B of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, passed on second reading on December 15, 1998 (Enrolled version of Bill 12-660) shall apply to all covered attorneys first hired on or before December 31, 1979.”

(5) Effective October 1, 2014, any attorney who is employed by the Office of the Attorney General and performs work primarily as or for the General Counsel of a subordinate agency shall become an attorney employed by the subordinate agency.

(Mar. 3, 1979, D.C. Law 2-139, § 862; as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 26, 2001, D.C. Law 14-42, § 2(b), 48 DCR 7612; Oct. 20, 2005, D.C. Law 16-33, § 3012(i), 52 DCR 7503; Oct. 16, 2006, 120 Stat. 2037, Pub. L. 109-356, § 202(b); Dec. 13, 2013, D.C. Law 20-60, § 101(i), 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, §§ 1012(a), 1014(a)(1), 61 DCR 9990.)

Prior Codifications

1981 Ed., § 1-609.62.

Effect of Amendments

D.C. Law 14-42 validated a previously made technical change in par. (4).

D.C. Law 16-33 added par. (5).

Pub. L. 109-356 repealed par. (2) which had read as follows: “(2) The provisions of this subchapter shall apply to attorneys employed by the Office of the Chief Financial Officer when the District of Columbia is no longer in a control period, as defined in § 47-393(4).”

The 2013 amendment by D.C. Law 20-60 rewrote (5).

The 2015 amendment by D.C. Law 20-155, § 1012, substituted “October 1, 2018” for “October 1, 2014” in (5).

The 2015 amendment by D.C. Law 20-155, § 1014 substituted “October 1, 2014” for “October 1, 2018” in (5).

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90-day) amendment of section, see § 3(e) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).

For temporary (90-day) amendment of section, see § 3(e) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).

For temporary (90 day) amendment of section, see § 2(b) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).

For temporary (90 day) amendment of section, see § 3012(i) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) amendment of this section, see §§ 1012(a) and 1014(a)(1) 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 §§ 1012(a) and 1014(a)(1) 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 §§ 1012(a), and 1014(a)(1) 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).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.63. Compensation for subordinate agency attorneys and support staff during transition.

Until the Legal Service budget for attorneys and support staff who perform work, primarily as or for the General Counsel of a subordinate agency is transferred to the budget of the subordinate agency involved, the Office of the Attorney General shall continue to be responsible for the compensation of these attorneys and support staff and for related non-personal services expenses. After the budget is transferred, the subordinate agency shall reimburse the Office of the Attorney General for any costs or expenses incurred between October 1, 2014, and the completion of the transfer from the Office of the Attorney General to the subordinate agency.

(Mar. 3, 1979, D.C. Law 2-139, § 863; as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(j), 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, §§ 1012(b), 1014(a)(2), 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 rewrote the section which read “Until the Legal Service budgets of the subordinate agencies are transferred to the budget of the Attorney General, the subordinate agencies that employed the attorneys who are transferred to the employment of the Office of the Attorney General pursuant to this chapter shall continue to be responsible for their compensation.”

The 2015 amendment by D.C. Law 20-155, § 1012, substituted “October 1, 2018” for “October 1, 2014” in the last sentence.

The 2015 amendment by D.C. Law 20-155, § 1014, substituted “October 1, 2014” for “October 1, 2018” in the last sentence.

Emergency Legislation

For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.64. Transfers.

By October 5, 2014, the District of Columbia Department of Human Resources, in collaboration with the Office of the Attorney General, shall transfer to the subordinate agencies, all attorney and support staff employees, personal property, full-time equivalent position authority, assets, records, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the furnishing of legal and other services by the attorneys who perform work primarily as or for the General Counsels of the subordinate agencies as of October 1, 2014.

(Mar. 3, 1979, D.C. Law 2-139, § 864; as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(k), 60 DCR 15487; Feb. 26, 2015, D.C. Law 20-155, §§ 1012(c), 1014(a)(3), 61 DCR 9990.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 rewrote the section which read “By October 1, 2005, all subordinate agencies, other than the Office of the Attorney General, shall transfer to that Office all attorney and support staff employees, personal property, full-time equivalent position authority, assets, records, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the furnishing of legal and other services by the attorneys who were employed by these agencies as of October 20, 2005.”

The 2015 amendment by D.C. Law 20-155, § 1012, substituted “October 1, 2018” for “October 1, 2014” twice.

The 2015 amendment by D.C. Law 20-155, § 1014, substituted “2014” for “2018” twice.

Emergency Legislation

For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.65. Budgeting.

(a) Repealed.

(b) Repealed.

(c) The Chief Financial Officer shall determine the exact budget amounts that are under the subordinate agencies’ management authority in accordance with this section.

(Mar. 3, 1979, D.C. Law 2-139, § 865; as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503; Dec. 13, 2013, D.C. Law 20-60, § 101(l), 60 DCR 15487.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 repealed (a) and (b); and substituted “subordinate agencies’ ” for “Attorney General’s” in (c).

Emergency Legislation

For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

§ 1–608.66. Privilege.

Nothing in this chapter shall limit, waive, or abrogate the scope or nature of the attorney-client privilege, whether statutory or common law, with respect to communications between attorneys employed by the Office of the Attorney General and subordinate agency personnel, or legal advice given by Office of the Attorney General attorneys to subordinate agency personnel before the date of the appointment of these attorneys to positions in the subordinate agencies. This privilege shall continue to apply fully to all communications made and legal advice provided between subordinate agency personnel and attorneys employed by the subordinate agencies after attorneys are transferred to the subordinate agency.

(Mar. 3, 1979, D.C. Law 2-139, § 866; as added Dec. 13, 2013, D.C. Law 20-60, § 101(m), 60 DCR 15487.)

Effect of Amendments

The 2013 amendment by D.C. Law 20-60 added this section.

Emergency Legislation

For temporary addition of subchapter, see note to § 1-608.51.

For temporary (90 days) repeal of D.C. Law 20-155, § 1014(c), see § 7002 of the Fiscal Year 2016 Budget Support Emergency Act of 2015 (D.C. Act 21-127, July 27, 2015, 62 DCR 10201).

Editor's Notes

Applicability of D.C. Law 20-60: Section 401(a) of D.C. Law 20-60 provided that § 101 of the act shall apply as of October 1, 2014.

Section 7002 of D.C. Law 21-36 repealed D.C. Law 20-155, § 1014(c).

Part B. Certificate of Good Standing Filing Requirement.

§ 1–608.81. Certificate of Good Standing filing requirement for Executive Branch attorneys.

(a)(1) Except as provided by the rules for temporary waiver of this requirement, each attorney, hearing officer, or administrative law judge who is required to be a member of the District of Columbia Bar as a prerequisite of employment, and who is employed by the Mayor, a subordinate agency under the Mayor, the Office of the Attorney General, the Office of the Chief Financial Officer, or by any independent agency, shall file with the Department of Human Resources a Certificate of Good Standing from the Committee on Admissions of the District of Columbia Court of Appeals by December 15 of each year.

(2) The Director of Human Resources may verify the good standing of attorneys, hearing officers, and administrative law judges subject to this requirement by electronic means with the District of Columbia Bar.

(b) The Director of Human Resources shall publish in the District of Columbia Register, on an annual basis, a list of all attorneys, hearing officers, and administrative law judges who have not met the filing requirements of subsection (a) of this section.

(1) The timing for filing a Certificate of Good Standing pursuant to subsection (a) of this section and associated procedures;

(2) The standards governing when a temporary waiver of the filing requirement established by subsection (a) of this section may be granted by the personnel authority for the agency; and

(3) The procedures by which attorneys, hearing officers, or administrative law judges shall be notified of the filing requirement established by subsection (a) of this section and whether they are in compliance with the requirement.

(d) The rules and regulations promulgated pursuant to subsection (c) of this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules and regulations within the 45-day review period, the rules and regulations shall be deemed approved.

(e) The failure of an attorney, hearing officer, or administrative law judge subject to subsection (a) of this section to comply with its requirements shall result in the forfeiture of employment.

(f) This section shall not apply to an attorney employed by the Council.

(Mar. 3, 1979, D.C. Law 2-139, § 881; as added July 25, 2002, D.C. Law 14-182, § 2(c), 49 DCR 5129; Mar. 13, 2004, D.C. Law 15-105, § 32, 51 DCR 881; Mar. 13, 2015, D.C. Law 20-241, § 2, 62 DCR 1335; Apr. 1, 2017, D.C. Law 21-232, § 2(i), 64 DCR 876.)

Effect of Amendments

D.C. Law 15-105, in subsecs. (d) and (e), validated previously made technical corrections.

The 2015 amendment by D.C. Law 20-241, in (a), substituted “each attorney, hearing officer, or administrative law judge” for “each attorney employed at the level of DS-13 or above,” inserted “employed” preceding “by the Mayor,” and substituted “by December 15 of each year” for “on an annual basis.”

Cross References

Elections, disclosure of interests, see § 1-1106.02.

Lobbying, “official in the executive branch” defined, see 1-1105.01.

Merit system, educational employees, coverage, see § 1-602.03.

Merit system, organization for personnel management, rules and regulations, see § 1-604.04.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(i) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(i) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary (90 days) amendment of this section, see § 2 of Certificate of Good Standing Filing Requirement Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-371, Apr. 26, 2016, 63 DCR 6849).

For temporary (90 days) amendment of this section, see § 2 of the District Government Certificate of Good Standing Filing Requirement Emergency Amendment Act of 2014 (D.C. Act 20-480, Nov. 10, 2014, 61 DCR 12131, 20 STAT 4404).

For temporary (90 days) amendment of this section, see § 2 of the Certificate of Good Standing Filing Requirement Emergency Amendment Act of 2016 (D.C. Act 21-289, Jan. 27, 2016, 63 DCR 1202).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the District Government Certificate of Good Standing Filing Requirement Temporary Amendment Act of 2014 (D.C. Law 20-175, March 7, 2015, 61 DCR 12713).

For temporary (225 days) amendment of section, see § 2 of the Certificate of Good Standing Filing Requirement Temporary Amendment Act of 2016 D.C. Law 21-99, April 6, 2016, 63 DCR 2215, 20 DCSTAT 3138).

§ 1–608.82. Certificate of Good Standing filing requirement for Council attorneys.

(a) Except for temporary waiver of this requirement pursuant to procedures established by the Council, each attorney who is required to be a member of the District of Columbia Bar as a prerequisite of employment, and who is employed by the Council, shall file annually with the Secretary to the Council a Certificate of Good Standing from the Committee on Admissions of the District of Columbia Court of Appeals.

(b) The Secretary to the Council shall publish in the District of Columbia Register, on an annual basis, a list of all attorneys who have not met the filing requirements of subsection (a) of this section.

(1) Procedures addressing the timing for filing a Certificate of Good Standing pursuant to subsection (a) of this section and associated procedures;

(2) The standards governing when a temporary waiver of the filing requirement established by subsection (a) of this section may be granted by the personnel authority for the attorney who is employed by the Council; and

(3) The procedures by which an attorney who is employed by the Council shall be notified of the filing requirement established by subsection (a) of this section and whether he or she is in compliance with the requirement.

(Apr. 1, 2017, D.C. Law 21-232, § 2(j), 64 DCR 876.)

Emergency Legislation

For temporary (90 days) addition of this section, see § 2(j) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary (90 days) addition of this section, see § 2(j) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).