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B-196656 1 (1979-12-10)

handle is hein.gao/gaobadhtz0001 and id is 1 raw text is: DECISION FILE: B-19665 MATTER OF: OIGEST: 6 I ~ II / i 0'.LLER r,, - / L ZY *t THE COMPTROLLER GENERAL OF THE UNITED STATES VASHINGTON, 0. C. 2054B U.Ny i% DATE: December 10, 1979 Chief Judge, Superior Court of the District of Columbia C 273 1. In response to request for advisory opinion this Office concurs with Chief Judge, Superior Court of the District of Columbia that Associate Judge of that court does not have authority to irect a change in classification dr otherwise fix the compensation of the posi ion of law clerk, notwithstanding the fact that the As- sociate Judge is authorized to appoint an individual to the position of law clerk. 2. Associate Judges of the Superior Court of the District of Columbia are limited by the ap- plication of sections 910 and 1726 of title 11 of the District of Columbia Code to the selection and appointment of an individual for assignment to the position of law clerk. The classification, including the fixing of the rate of compensation, of the position of law clerk is the responsibility of the Executive Officer of the District of Columbia courts. This is in response to a letter with enclosures dated October 31, 1979, from The Honorable H. Carl Moultrie I, Chief Judge, Superior Court of the District of Columbia, in which we are asked to render an advisory opinion as to policies set by the Executive Officer of the District of Columbia courts with regard to personnel compensation in compliance with sections 1701, 1702, and 1703 of title 11 of the District of Columbia Code. In 1970, upon the reorganization of the courts in accordance with the District of Columbia Court Reform and Criminal Procedure Act of 1970, judges were authorized to appoint law clerks. At that time, a policy grade level was established whereby law clerks who were not graduates of law school were classified at the JSP-8 level (Judicial Salary Plan which is equivalent to the General Schedule classification), and those who were graduates of law school at the JSP-10 level. This policy has been in effect since 1971. At the present time an Associate Judge of the Superior Court of the District of Columbia has ordered that a law clerk appointed by him be placed on the payroll as a JSP-10. The law clerk in question, however, is not a graduate of law school, although he expects to graduate from law school in December 1979. ijtmiJYtl

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