The District of Columbia Courts: A Brief Introduction

The District of Columbia Courts: A Brief Introduction

November 13, 2023
The District of Columbia Courts: A Brief Introduction
The Superior Court of the District of Columbia (DC) and
a case in state court is transferred to federal court if a basis
the DC Court of Appeals (the DC Courts) exercise
for federal jurisdiction exists). At the same time, claims
jurisdiction over local matters in Washington, DC.
under local DC law, although ultimately stemming from
Although these courts are authorized under federal law,
Congress’s Article I powers, do not give rise to jurisdiction
they exist separately from other federal courts in DC,
in federal district court on the basis of a federal question (a
instead filling the traditional role of state courts in many
type of jurisdiction that allows federal courts to hear cases
ways. This In Focus describes the DC Courts’ creation,
based on federal law). Thus, federal courts do not have
jurisdiction, structure, procedures, and workload. It also
authority to decide claims under local DC law absent
discusses how the DC Courts differ from state courts and
another jurisdictional basis. Finally, a party may petition the
identifies selected issues that may be of interest during the
U.S. Supreme Court to review a decision of the Court of
118th Congress.
Appeals by writ of certiorari, similar to the Court’s review
of decisions by the highest courts in each state.
Creation
In 1970, Congress exercised its authority under Article I,
Structure
Section 8 of the U.S. Constitution to establish a new system
The Superior Court consists of a chief judge and 61
of courts through the District of Columbia Court Reform
associate judges. These judges are assisted by 24 magistrate
and Criminal Procedure Act (PL 91-358), which revised
judges appointed by the court. Additionally, retired judges
multiple titles of the DC Code (for more information on
may serve as senior judges, performing judicial duties on a
Article I courts, see CRS Report R43746, Congressional
part-time basis. The Superior Court is organized into eleven
Power to Create Federal Courts: A Legal Overview). In
separate divisions, including five established by statute:
1973, Congress enacted the District of Columbia Self-
(1) the Civil Division; (2) the Criminal Division; (3) the
Government and Governmental Reorganization Act (P.L.
Family Court; (4) the Probate Division; and (5) the Tax
93-198), also known as the Home Rule Act, which, in part,
Division. Another division that also hears cases, the
codified the DC Courts’ organization in the District of
Domestic Violence Division, was created by administrative
Columbia Charter, a law akin to a state constitution that sets
order. Additional administrative divisions assist these
forth the structure of the local DC government. Together,
divisions, and each division may be further divided into
these laws established the modern DC Courts as an
smaller branches under court rules.
independent judicial authority in DC, replacing Civil War-
The Court of Appeals consists of a chief judge and eight
era municipal courts overseen by the broader federal court
associate judges. Retired judges may also serve in a senior
system.
judge capacity, hearing cases on a part-time basis.
Jurisdiction
Court Rules and Procedures
The DC Courts’ jurisdiction is similar to that of state courts.
The Superior Court is a court of general jurisdiction that
The Superior Court is a trial court of general jurisdiction
hears cases on a wide range of subject matter areas. As a
that hears civil and other noncriminal matters brought in
result, it does not follow a single set of procedures. Rather,
DC, with a few exceptions provided by law. The Superior
the applicable rules vary based on the type of case. For
Court also has jurisdiction over all criminal cases arising
example, the Superior Court has separate rules for criminal
under criminal laws applicable exclusively to DC (in
matters, general civil cases, domestic relations cases, and
contrast to generally applicable federal criminal laws). The
landlord-tenant disputes, among others. Proceedings in
Court of Appeals has appellate jurisdiction over decisions
Superior Court are generally adversarial, with each party
of the Superior Court. The Court of Appeals is the local
representing themselves or being represented by an
court of last resort, and there is no intermediate appellate
attorney, although some limited exceptions exist.
court. Both the Superior Court and Court of Appeals may, if
permitted by law, review administrative actions of DC
By contrast, the Court of Appeals has a single set of rules
agencies. The Court of Appeals also oversees the DC Bar,
for all appeals. Appeals are randomly assigned to three-
which governs attorney licensure.
judge panels, unless the court orders hearing (or rehearing)
The DC Courts’ relationship to
of a case before all active judges together, referred to as the
Article III federal courts is
court sitting en banc.
likewise similar to other state-federal judicial relationships.
Although the Superior Court has jurisdiction over any civil
Both courts use electronic filing systems, although a small
action brought in DC, such cases may be transferred to the
number of matters such as certain probate filings must be
U.S. District Court for the District of Columbia according
filed physically with the appropriate clerk of court. Both
to the general rules governing removal (a process by which
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The District of Columbia Courts: A Brief Introduction
courts also generally have live video feeds of public court
number of matters, including crimes committed by
proceedings available online through the court websites.
juveniles and criminal violations of municipal regulations.
Recent Caseload Statistics
The DC Department of Corrections holds criminal
According to the DC Courts’
defendants who are detained pre-trial. Convicted defendants
2022 Annual Report—
sentenced to incarceration for more than a year are
Statistical Summary, various judicial workload measures
transferred to the custody of the Federal Bureau of Prisons.
have changed significantly since 2019 (likely due, in large
part, to the COVID-19 pandemic).
Treatment of Federal Judicial Precedent
For example, in 2019 (the last full calendar year prior to the
Because the DC Courts grew out of an older system in
public health emergency), the Superior Court received
which they were subject to review by the U.S. Court of
83,088 new filings, disposed of 86,529 cases, and ended the
Appeals for the DC Circuit (DC Circuit), the DC Courts
calendar year with 34,230 matters pending before the court.
treat DC Circuit decisions differently than state courts
The number of new case filings dropped to 30,900 in 2021,
typically treat federal court decisions. DC Circuit decisions
a 63% decline from 2019. The number of new filings
rendered before February 1, 1971, on issues of local law
increased in 2022 to 43,698 but remained at approximately
remain binding precedent in the DC Courts unless overruled
half (53%) of the number of new filings in 2019. The
by the DC Court of Appeals sitting en banc.
number of dispositions followed a similar trend, rebounding
from 39,321 in 2021 to 45,493 in 2022 (compared to 86,529
Considerations for Congress
dispositions in 2019).
The House Committee on Oversight and Accountability and
the Senate Committee on Homeland Security and
The COVID-19 pandemic also had an impact on the
Governmental Affairs exercise jurisdiction, generally, over
workload of the Court of Appeals. Most recently, for the
the DC Courts. Appropriations for the DC Courts are
2022 calendar year, the Court of Appeals received 1,034
typically considered by the respective Subcommittees on
new matters (compared to 1,304 in 2019 and 949 in 2021).
Financial Services and General Government of the House
Additionally, the Court of Appeals disposed of 1,121 cases
and Senate Appropriations Committees.
in 2022 (compared to 1,316 in 2019 and 1,130 in 2021).
Differences from State Courts
Judicial Vacancies
The chief judges of both the Superior Court and Court of
Although, as explained above, the DC Courts generally fill
Appeals have identified the impact of judgeship vacancies
the role of state courts, they are different in several respects.
on judicial workload as an area of concern. As of
Three key differences include (1) the judicial appointment
November 1, 2023, there were 12 vacancies on the Superior
process; (2) the manner of criminal prosecutions; and
Court, representing nearly one-fifth of the court. At present,
(3) the treatment of federal judicial precedent.
nominations are pending for 7 of the 12 vacancies (with
Appointment of Judges
each nomination currently placed on the Senate Executive
Calendar). The Court of Appeals has one vacant judgeship
Judges who serve on the DC Courts (other than magistrate
for which a nomination has not been made.
judges) are appointed by the President with the advice and
consent of the Senate. Judicial candidates initially apply
Ambiguous Treatment Under Federal Law
through the DC Judicial Nomination Commission, which
Although the DC Courts share many similarities with state
evaluates applicants and submits three recommendations
courts, federal law does not uniformly define “state court”
per vacancy to the President (who then selects one of the
to include the DC Courts. As a result, courts are sometimes
recommended candidates to nominate). The Senate
required to determine whether an undefined reference to
Committee on Homeland Security and Governmental
“state courts” includes the DC Courts. This ambiguity can
Affairs exercises jurisdiction over the nomination.
lead to inconsistent results. For example, the Ninth Circuit’s
If confirmed by the Senate, a judge serves a fifteen-year
recent decision in Eldridge v. Howard created a circuit split
term, which is subject to renewal if certain criteria are met
as to whether the DC Superior Court was a “state court” for
under DC law (primarily a favorable report from the
purposes of federal habeas corpus law, 28 U.S.C.
commission established to determine tenure). There is also
§ 2253(c)(1), affecting whether certain jurisdictional
a mandatory retirement age of 74, at which time a judge
requirements must be met before a court grants relief. If
may retire or apply to serve as a senior judge.
Congress wishes to address this issue, it could amend §
2253 to clarify whether it applies to DC Superior Court.
Criminal Prosecutions
Congress could similarly consider defining “state court” in
Criminal prosecutions in the DC Courts involve a hybrid
future legislation to specifically include or exclude the DC
local-federal process. Criminal matters in DC Superior
Courts.
Court are typically investigated by the local DC
Metropolitan Police Department and prosecuted by the
Matthew D. Trout, Legislative Attorney
federal U.S. Attorney’s Office for the District of Columbia.
Barry J. McMillion, Analyst in American National
The local Office of the Attorney General for the District of
Government
Columbia serves as the prosecuting authority for a limited
IF12531
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The District of Columbia Courts: A Brief Introduction

Disclaimer
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