District of Columbia Administrative Code

2012 OFFICIAL RECORD 2012.1 The Commission shall keep a complete record of each proceeding. SOURCE: Final Rulemaking published at 24 DCR 9391 (May 5, 1978); as amended by Final Rulemaking published at 37 DCR 6032 (September 14, 1990); as amended by Final Rulemaking published at 3…

2013 ANSWER AND HEARING DATE 2013.1 Within twenty (20) days after service of a notice of proceeding, the judge may file an answer with the Commission. 2013.2 Upon the filing of an answer, unless good reason to the contrary appears in the answer, or if no answer is filed within th…

2014 AMENDMENT OF NOTICE OF PROCEEDING 2014.1 The Commission at any time prior to its final decision in a proceeding may amend the notice of proceeding to conform to proof or otherwise. 2014.2 The judge shall be given a reasonable time to answer an amendment and to present his or…

2015 HEARINGS 2015.1 At the time and place set for hearing, the Commission shall proceed with the hearing whether or not the judge has filed an answer or appears at the hearing. 2015.2 The failure of the judge to answer or to appear at the hearing shall not, standing alone, be ta…

2016 PROCEDURAL RIGHTS OF JUDGES 2016.1 In a proceeding the judge shall be admitted to all hearing sessions. 2016.2 A judge shall be given every reasonable opportunity to defend himself or herself against the charges, including the introduction of evidence, representation by coun…

2017 OATHS OR AFFIRMATIONS 2017.1 Each witness who appears before the Commission in an investigation or proceeding shall swear or affirm to tell the truth and not to disclose the nature of the investigation or of the proceeding or the identity of the judge involved unless or unti…

2018 SUBPOENAS AND ORDERS FOR INSPECTION OF DOCUMENTS 2018.1 In aid of any investigation or proceeding, the Commission may order and otherwise provide for the inspection of papers, books, records, accounts, documents, transcriptions, and other physical things, and may issue subpo…

2019 DEPOSITIONS 2019.1 The Commission may order the deposition of any person in aid of any investigation or proceeding. 2019.2 The deposition shall be taken in the form prescribed by the Commission, and shall be subject to any limitations prescribed by the Commission. 2019.3 To …

2020 GRANTS OF IMMUNITY 2020.1 Whenever a witness refuses, on the basis of his or her privilege against self-incrimination, to testify or produce papers, books, records, accounts, documents, transcriptions, or other physical things and the Commission determines that his or her te…

2021 COMPENSATION OF WITNESSES 2021.1 Each witness, other than an officer or employee of the United States or the District of Columbia, shall receive for his or her attendance the fees prescribed by D.C. Official Code § 15-714 for witnesses in civil cases. 2021.2 All witnesses sh…

2022 FINDINGS OF FACT AND DECISIONS 2022.1 Within ninety (90) days after the conclusion of the hearing or the conclusion of any reopened hearing in a proceeding, the Commission shall make written findings of fact, conclusions of law, and a determination regarding the conduct or h…

2023 CONVICTION OF A FELONY 2023.1 The Commission shall not file in the District of Columbia Court of Appeals an order of removal certifying the entry of a judgment of a criminal conviction, as provided in § 432(a)(1) of the Self-Government Act, without giving to the judge concer…

2030 EVALUATION OF ASSOCIATE JUDGE CANDIDATES FOR REAPPOINTMENT Not less than six (6) months prior to the expiration of his or her term of office, a judge seeking reappointment for a fifteen (15) year term as an associate judge shall file with the Commission a declaration in writ…

2031 EVALUATION STANDARDS A judge declaring candidacy for reappointment shall be evaluated by the Commission through a review of the judge's performance and conduct during the judge's present term of office, as well as the judge’s physical and mental fitness and his or her abilit…

2032 COMMUNICATIONS FROM INTERESTED PERSONS 2032.1 The Commission will issue a public notice of the judge’s declared candidacy for reappointment, the Commission’s fitness review and the public comment period. 2032.2 The general public, the bar, court personnel, and other judges m…

2033 INTERVIEWS WITH INFORMED PERSONS 2033.1 Ordinarily the Commission shall interview the Chief Judge of the candidate's court. 2033.2 In addition, the Commission may seek pertinent information by interviews with others conducted by the full Commission, by one (1) or more member…

2034 DISCLOSURE OF TAX INFORMATION At the Commission's request, the candidate shall execute all waivers and releases necessary for the Commission to secure tax information concerning him or her, including copies of tax returns. The failure of a candidate to provide the waivers an…

2035 CONFERENCES WITH CANDIDATES At the Commission's request, the candidate shall confer with the Commission in person and in private on reasonable notice. At the candidate's request, the Commission shall confer with him or her in person and in private on reasonable notice. At an…

2036 EVALUATION REPORTS The Commission shall prepare and submit to the President a written evaluation of the candidate's performance during his or her present term and his or her fitness for reappointment to another fifteen (15) year term, not less than sixty (60) days prior to t…

2037 EVALUATION OF JUDGES REQUESTING RECOMMENDATION FOR INITIAL APPOINTMENT OR REAPPOINTMENT AS SENIOR JUDGES At any time prior to or not later than one (1) year after retirement, a judge seeking favorable recommendation for initial appointment as a senior judge shall file with t…

2038 PHYSICAL EXAMINATION AND MEDICAL INFORMATION OF JUDGES REQUESTING RECOMMENDATION FOR INITIAL APPOINTMENT OR REAPPOINTMENT AS SENIOR JUDGES Contemporaneous with his or her request or at such other time as the Commission allows, a judge seeking favorable recommendation for ini…

2039 RECOMMENDATION STANDARDS A retired judge seeking a favorable recommendation for appointment or reappointment to a term as a senior judge shall be evaluated by the Commission through a review of the judge's performance, as well as the judge’s physical and mental fitness and h…

2040 COMMUNICATIONS FROM INTERESTED PERSONS The Commission will issue a public notice of the judge’s fitness review and the public comment period. The general public, the bar, court personnel, and other judges are invited to communicate to the Commission, preferably in writing, a…

2041 INTERVIEWS WITH INFORMED PERSONS The Commission shall interview the Chief Judge of the requesting judge's court. The Commission may seek pertinent information by interviews with others conducted by the full Commission, by one or more members, or by special counsel or others …

2042 CONFERENCES WITH THE CANDIDATE At the Commission's request, the judge shall confer with it in person and in private on reasonable notice; and, at the judge's request, the Commission shall confer with the judge in person and in private on reasonable notice. At any such confer…

2043 NOTICE OF SPECIAL CONCERN AND OPPORTUNITY TO CONFER 2043.1 In the event the Commission has information which the Commission feels, if uncontroverted, would raise a substantial doubt that the judge is fit for further judicial service, it shall inform the judge of the nature o…

2044 CONFIDENTIALITY 2044.1 Commission records shall not be available for public inspection, except the following; Time and attendance data reported pursuant to the provisions of D.C. Official Code §§ 11-709 and 11-909; and Financial data reported pursuant to the provisions of D.…

2099 DEFINITIONS When used in this chapter, the following terms shall have the meanings ascribed: Chairperson – The Chairperson of the Commission, or the Vice Chairperson or Acting Chairperson designated by the Commission when acting as Chairperson. Evaluation – The process where…

2101 MEETINGS OF THE COMMISSION 2101.1 A majority of the serving members of the Judicial Nomination Commission (Commission) shall constitute a quorum. The vote of a majority of the serving members of the Commission shall be necessary for the adoption of an action by the Commissio…

2102 APPLICATIONS FOR JUDICIAL NOMINATIONS 2102.1 To be considered for nomination for a vacancy in the position of judge of a District of Columbia court, a person must submit an application to the Commission. An applicant shall: (a) Be a United States citizen; (b) Be an active me…

2103 RECOMMENDED NOMINEES LISTS 2103.1 For each District of Columbia court judicial vacancy, the Commission shall transmit a Recommended Nominees List (List) of three recommended nominees to the President of the United States. 2103.2 The Commission shall not include on a List any…

2800 GENERAL PROVISIONS 2800.1 The purpose of this chapter is to establish rules of organization and procedure for the Public Trust for Drug Prevention and Children at Risk, pursuant to D.C. Official Code § 47-4004 (a) (2001). 2800.2 The Trust was created to support non-profit or…

2801 OFFICERS 2801.1 The elected officers of the Trust shall be a Chairperson and a Vice Chairperson. 2801.2 The Offices of Treasurer and Secretary shall be held by the two District government ex officio members. 2801.3 The duties of the various officers shall be such as usually …

2802 EXECUTIVE COMMITTEE 2802.1 There shall be an Executive Committee composed of the four (4) officers of the Trust. 2802.2 The Chairperson of the Trust shall be the Chairperson of the Executive Committee. 2802.3 The Executive Committee shall hold regular meetings, and not less …

2803 STANDING COMMITTEES 2803.1 The following standing committees shall be established by the Chairperson: Grant Review and Evaluation, Public Information and Community Affairs, Finance. 2803.2 The Chairperson shall establish other standing committees as are deemed necessary and …

2804 ELECTIONS 2804.1 The election and installation of officers shall be at the annual meeting in December of each year. 2804.2 Officers shall be elected by a majority vote at the annual meeting of the Trust. 2804.3 Elected officers shall assume office at the close of the annual …

2806 VACANCY IN THE OFFICE OF THE CHAIRPERSON 2806.1 If a vacancy occurs in the office of the Chairperson, the Vice Chairperson shall assume the duties of the Chairperson and the Treasurer shall assume the duties of the Vice Chairperson until such time as new officers are elected…

2807 RESIGNATION AND REMOVAL 2807.1 The two ex officio Trustees acting hereunder may resign at any time by giving written notice to the Mayor. The other nine (9) Trustees hereunder may resign at any time by giving written notice to the Mayor and the Council. 2807.2 Any officer or…

2808 MEETINGS 2808.1 The Trustees shall hold at least six (6) regular meetings per year. All regular meetings shall be open to the public. Executive meetings shall be closed to the public. 2808.2 Meetings shall be held in the District of Columbia as designated by the Chairperson.…

2810 AMENDMENT 2810.1 This chapter may be amended by a seven (7) or more member vote at any regular meeting. The proposed amendment shall have been submitted in writing to the Trust at a previous regular meeting and each member shall be given a fifteen (15) day written notice of …

3700 BREATH ALCOHOL PROGRAM OVERSIGHT RESPONSIBILITIES 3700.1 The Department of Forensic Sciences (DFS) is responsible for overseeing certain aspects of the District’s Breath Alcohol Program, including: (a) Testing and certifying the accuracy of District evidential instruments us…

3701 BREATH ALCOHOL PROGRAM MANAGER 3701.1 The Director of OCME shall appoint a Breath Alcohol Program Manager (Program Manager), who shall be responsible for ensuring the proper implementation of OCME’s responsibilities related to the District’s Breath Alcohol Program. 3701.2 Th…