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B-290011 1 (2002-03-25)

handle is hein.gao/gaocrptaoef0001 and id is 1 raw text is: G A 0 Comptroller General Accountability * Integrity* Reliability of the United States United States General Accounting Office Washington, DC 20548 Decision Matter of: Use of General Operating Funds for Appointing Magistrates Pursuant to the District of Columbia Family Court Act of 2001 File: B-290011 Date: March 25, 2002 DIGEST The District of Columbia Superior Court may use funds from its operating appropriation to cover the salaries and expenses of magistrate judges appointed pursuant to the Family Court Act, prior to the availability of funds specifically appropriated to carry out that Act. When the Family Court Act appropriation becomes available, the Superior Court must use that appropriation to pay the magistrate judges instead of the operating appropriation. However, without statutory authority, the Superior Court may not transfer funds from the Family Court Act appropriation, once it becomes available, to reimburse its operating appropriation for the salaries and expenses of the appointed magistrates paid for out of that account. DECISION The District of Columbia Courts have requested an advance decision on whether the District of Columbia Superior Court may use its operating appropriation for the expedited appointment of magistrates. The Superior Court is required by the District of Columbia Family Court Act of 2001, Pub. L. No. 107-114, 115 Stat. 2100, 2115 (2002), to make these appointments prior to the availability of funds appropriated to the Superior Court for carrying out the Family Court Act. The Courts also ask whether the Superior Court can transfer funds from the Family Court Act appropriation, once funds become available, to reimburse their operating appropriation for the expense incurred in appointing the magistrates. For the reasons discussed below, the Superior Court may use its operating appropriation to pay for the costs incident to the expedited appointment of magistrates mandated by the Family Court Act, prior to the availability of funds specifically appropriated to carry out the Family Court Act. However, in the absence

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