About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

1 [1] (November 13, 2023)

handle is hein.crs/govenkj0001 and id is 1 raw text is: Congressional Research Service Informing the Iegislative debate sinco 1914 November 13, 2023 The District of Columbia Courts: A Brief Introduction The Superior Court of the District of Columbia (DC) and the DC Court of Appeals (the DC Courts) exercise jurisdiction over local matters in Washington, DC. Although these courts are authorized under federal law, they exist separately from other federal courts in DC, instead filling the traditional role of state courts in many ways. This In Focus describes the DC Courts' creation, jurisdiction, structure, procedures, and workload. It also discusses how the DC Courts differ from state courts and identifies selected issues that may be of interest during the 118th Congress. C reation In 1970, Congress exercised its authority under Article I, Section 8 of the U.S. Constitution to establish a new system of courts through the District of Columbia Court Reform and Criminal Procedure Act (PL 91-358), which revised multiple titles of the DC Code (for more information on Article I courts, see CRS Report R43746, Congressional Power to Create Federal Courts: A Legal Overview). In 1973, Congress enacted the District of Columbia Self- Government and Governmental Reorganization Act (P.L. 93-198), also known as the Home Rule Act, which, in part, codified the DC Courts' organization in the District of Columbia Charter, a law akin to a state constitution that sets forth the structure of the local DC government. Together, these laws established the modern DC Courts as an independent judicial authority in DC, replacing Civil War- era municipal courts overseen by the broader federal court system. Jurisd ton The DC Courts' jurisdiction is similar to that of state courts. The Superior Court is a trial court of general jurisdiction that hears civil and other noncriminal matters brought in DC, with a few exceptions provided by law. The Superior Court also has jurisdiction over all criminal cases arising under criminal laws applicable exclusively to DC (in contrast to generally applicable federal criminal laws). The Court of Appeals has appellate jurisdiction over decisions of the Superior Court. The Court of Appeals is the local court of last resort, and there is no intermediate appellate court. Both the Superior Court and Court of Appeals may, if permitted by law, review administrative actions of DC agencies. The Court of Appeals also oversees the DC Bar, which governs attorney licensure. The DC Courts' relationship to Article III federal courts is likewise similar to other state-federal judicial relationships. Although the Superior Court has jurisdiction over any civil action brought in DC, such cases may be transferred to the U.S. District Court for the District of Columbia according to the general rules governing removal (a process by which a case in state court is transferred to federal court if a basis for federal jurisdiction exists). At the same time, claims under local DC law, although ultimately stemming from Congress's Article I powers, do not give rise to jurisdiction in federal district court on the basis of a federal question (a type of jurisdiction that allows federal courts to hear cases based on federal law). Thus, federal courts do not have authority to decide claims under local DC law absent another jurisdictional basis. Finally, a party may petition the U.S. Supreme Court to review a decision of the Court of Appeals by writ of certiorari, similar to the Court's review of decisions by the highest courts in each state. Structure The Superior Court consists of a chief judge and 61 associate judges. These judges are assisted by 24 magistrate judges appointed by the court. Additionally, retired judges may serve as senior judges, performing judicial duties on a part-time basis. The Superior Court is organized into eleven separate divisions, including five established by statute: (1) the Civil Division; (2) the Criminal Division; (3) the Family Court; (4) the Probate Division; and (5) the Tax Division. Another division that also hears cases, the Domestic Violence Division, was created by administrative order. Additional administrative divisions assist these divisions, and each division may be further divided into smaller branches under court rules. The Court of Appeals consists of a chief judge and eight associate judges. Retired judges may also serve in a senior judge capacity, hearing cases on a part-time basis. Court Rules and Procedures The Superior Court is a court of general jurisdiction that hears cases on a wide range of subject matter areas. As a result, it does not follow a single set of procedures. Rather, the applicable rules vary based on the type of case. For example, the Superior Court has separate rules for criminal matters, general civil cases, domestic relations cases, and landlord-tenant disputes, among others. Proceedings in Superior Court are generally adversarial, with each party representing themselves or being represented by an attorney, although some limited exceptions exist. By contrast, the Court of Appeals has a single set of rules for all appeals. Appeals are randomly assigned to three- judge panels, unless the court orders hearing (or rehearing) of a case before all active judges together, referred to as the court sitting en banc. Both courts use electronic filing systems, although a small number of matters such as certain probate filings must be filed physically with the appropriate clerk of court. Both

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Already a HeinOnline Subscriber?

Log In

profiles profiles most