For the purposes of this subchapter, the term:
(1) "Agency" means any subordinate or independent agency of the District government, but does not include the following entities:
(A) Superior Court or the Court of Appeals;
(B) District of Columbia Financial Responsibility and Management Assistance Authority;
(C) Board of Parole;
(D) Repealed;
(E) Housing Finance Agency;
(F) Pretrial Services Agency;
(G) Public Defender Service;
(H) Water and Sewer Authority;
(I) Washington Convention and Sports Authority;
(J) Housing Authority; or
(K) Any agency or unit thereof excluded by court order from coverage pursuant to this chapter.
(2) "Attorney" means any position which is classified as part of Series 905, except for any position that is occupied by a person whose duties, in whole or in substantial part, consist of hearing cases as an administrative law judge or as an administrative hearing officer.
(3) "Senior Executive Attorney Service position" means:
(A) Any attorney position which is classified above DS-15, or an equivalent position, and in which the employee:
(i) Directs the work of an organizational unit;
(ii) Is held accountable for the success of one or more specific programs or projects;
(iii) Monitors progress toward organizational goals and periodically evaluates and makes appropriate adjustments to these goals;
(iv) Supervises the work of employees other than personal assistants;
(v) Performs important legal policy-making or policy-determining functions; or
(vi) Provides significant leadership in legal counseling or in the trial of cases;
(B) Any attorney who is a Deputy Attorney General, Chief Deputy Attorney General, Special Deputy Attorney General, Senior Counsel to the Attorney General, General Counsel or the equivalent for any agency subordinate to the Mayor, or any other attorney in the Office of the Attorney General for the District of Columbia who routinely reports directly to the Attorney General; or
(C) Any attorney who is a General Counsel employed by an independent agency, except attorneys employed by the Chief Financial Officer.
(Mar. 3, 1979, D.C. Law 2-139, § 851, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(a), 47 DCR 520; July 12, 2001, D.C. Law 14-18, § 9(b), 48 DCR 4047; Oct. 20, 2005, D.C. Law 16-33, § 3012(a), 52 DCR 7503; Mar. 2, 2007, D.C. Law 16-191, § 5(p)(1), 53 DCR 6794; Mar. 3, 2010, D.C. Law 18-111, § 2082(b), 57 DCR 181.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.51.
Effect of Amendments
D.C. Law 13-91, in subpar. (K) of par. (1), substituted "pursuant to this chapter" for "pursuant to the CMPA".
D.C. Law 14-18 repealed subpar. (D) of par. (1) which had read:
"(D) Health and Hospitals Public Benefit Corporation;"
D.C. Law 16-33, rewrote pars. (3)(B) and (3)(C). Prior to amendment, pars. (3)(B) and (3)(C) had read as follows:
"(B) Any attorney who is a Deputy Corporation Counsel, Principal Deputy Corporation Counsel, Special Deputy Corporation Counsel, Senior Counsel to the Corporation Counsel, or any other attorney in the Office of the Corporation Counsel who routinely reports directly to the Corporation Counsel; or
"(C) Any attorney who is a General Counsel employed by a subordinate agency or independent agency."
D.C. Law 16-191, in par. (3)(B), validated a previously made technical correction.
D.C. Law 18-111, in par. (1)(I), substituted "Washington Convention and Sports Authority" for "Washington Convention Center Authority".
Emergency Act Amendments
For temporary addition of subchapter IX-B, see § 2(j) of the Legal Service Establishment Emergency Amendment Act of 1998 (D.C. Act 12-620, January 22, 1999, 46 DCR 1343).
For temporary (90 day) amendment of section, see § 3012(a) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
For temporary (90 day) amendment of section, see § 2082(b) of Fiscal Year 2010 Budget Support Second Emergency Act of 2009 (D.C. Act 18-207, October 15, 2009, 56 DCR 8234).
For temporary (90 day) amendment of section, see § 2082(b) of Fiscal Year Budget Support Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-260, January 4, 2010, 57 DCR 345).
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 13-91, see notes following § 1-602.03.
For Law 14-18, see notes following § 1-523.01.
For Law 16-33, see notes following § 1-617.17.
For Law 16-191, see notes following § 1-325.44.
For Law 18-111, see notes following § 1-301.181.
Miscellaneous Notes
Short title of subtitle B of title III of Law 16-33: Section 3011 of D.C. Law 16-33 provided that subtitle B of title III of the act may be cited as This subtitle may be cited as the Legal Service Amendment Act of 2005.
There is established within the District government a Legal Service for independent and subordinate agencies to ensure that the law business of the District government is responsive to the needs, policies, and goals of the District and is of the highest quality. In order to improve the quality and timeliness of the legal services that support the lawful activities, objectives, and policies of the District government, all attorneys who perform work for subordinate agencies shall become employees of the Office of the Attorney General for the District of Columbia.
(Mar. 3, 1979, D.C. Law 2-139, § 852, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(b), 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.52.
Effect of Amendments
D.C. Law 16-33 rewrote section, which had read as follows:
"There is established within the District government a Legal Service for independent and subordinate agencies to ensure that the law business of the District government is responsive to the needs, policies, and goals of the District and is of the highest quality. In order to improve the quality and timeliness of the legal services that support the lawful activities, objectives, and policies of the District government, this subchapter shall vest in the Corporation Counsel supervisory authority of attorneys employed by the subordinate agencies."
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-608.51.
For temporary (90 day) amendment of section, see § 3012(b) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 16-33, see notes following § 1-617.17.
(a) A Senior Executive Attorney Service is established as part of the Legal Service. The Senior Executive Attorney Service shall be administered to assure that Senior Executive Attorneys are accountable and responsible for the effectiveness and productivity of employees under their supervision.
(b) Notwithstanding subchapter XVI-A, an appointment to the Senior Executive Attorney Service shall be at will employment, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute.
(c) A Senior Executive Attorney who is to be removed or whose grade is to be reduced may be appointed, at the discretion of the Attorney General, to a position in the Legal Service which is available and for which the attorney is qualified, if the removal or reduction in grade is not for delinquency or misconduct.
(d) A Senior Executive Attorney employed by the Office of the Attorney General shall serve at the pleasure of the Attorney General.
(e) A Senior Executive Attorney employed by the Office of the Attorney General who performs work primarily for any other subordinate agency, whether located at that agency or not, shall serve at the pleasure of the Attorney General, and the Attorney General shall consult with the agency head before making any decision concerning the termination of a Senior Executive Attorney who performs work primarily for the other subordinate agency. The Senior Executive Attorney shall serve at the pleasure of the agency head where the Attorney General has delegated direction and control over the attorney to the agency head pursuant to § 1-608.55.
(f) A Senior Executive Attorney employed by an independent agency shall serve at the pleasure of the agency head, or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute.
(g) Persons currently holding an appointment in the Excepted Service which meet the definition of a Senior Executive Attorney Service position as defined in § 1-608.51(3) shall be appointed to the Senior Executive Attorney Service unless the employee declines the appointment. A person who declines this appointment shall be appointed within 3 months to another position in the Legal Service if a vacant position for which the employee qualifies is available and is acceptable to the employee.
(h) An individual appointed to the Senior Executive Attorney Service shall be paid separation pay of up to 12 weeks of his or her basic pay upon separation for non-disciplinary reasons.
(Mar. 3, 1979, D.C. Law 2-139, § 853, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(b), 47 DCR 520; Oct. 20, 2005, D.C. Law 16-33, § 3012(c), 52 DCR 7503; Apr. 7, 2006, D.C. Law 16-91, § 121, 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 5(p)(2), 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.53.
Effect of Amendments
D.C. Law 13-91 rewrote subsec. (b), which previously read:
"An appointment to the Senior Executive Attorney Service shall be at-will employment."; and in subsec. (f), added ", or as provided by statute for a term of years, subject to removal for cause as may be provided in the appointing statute".
D.C. Law 16-33, in subsecs. (a) through (d), substituted "Attorney General" for "Corporation Counsel"; and rewrote subsec. (e), which had read as follows:
"(e) A Senior Executive Attorney employed by any other subordinate agency shall serve at the pleasure of the Corporation Counsel, and the Corporation Counsel shall consult with the agency head before making any decision concerning the termination of a Senior Executive Attorney employed by the agency. The Senior Executive Attorney shall serve at the pleasure of the agency head where the Corporation Counsel has delegated direction and control over the attorney to the agency head pursuant to § 1-608.55."
D.C. Law 16-91, in subsecs. (a) through (d), validated previously made technical corrections.
D.C. Law 16-191, in subsecs. (a) to (d), validated previously made technical corrections.
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-608.51.
For temporary (90-day) amendment of section, see § 3(a) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).
For temporary (90-day) amendment of section, see § 3(a) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).
For temporary (90 day) amendment of section, see § 3012(c) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 13-91, see notes following § 1-602.03.
For Law 16-33, see notes following § 1-617.17.
For Law 16-91, see notes following § 1-301.45.
For Law 16-191, see notes following § 1-325.44.
(a) Attorneys employed by the Office of the Attorney General shall be hired by the Attorney General. Attorneys, including Senior Executive Attorneys, employed by the Office of the Attorney General who perform work primarily for any other subordinate agency, whether located at that agency or not, shall be hired by the Attorney General after consultation with the head of the other subordinate agency.
(b) Attorneys employed by an independent agency shall be hired by the head of the agency or the Senior Executive Attorney designee.
(c) Legal Service attorneys may be hired noncompetitively.
(Mar. 3, 1979, D.C. Law 2-139, § 854, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(c), 47 DCR 520; Oct. 20, 2005, D.C. Law 16-33, § 3012(d), 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.54.
Effect of Amendments
D.C. Law 13-91, in subsec. (b), added "or the Senior Executive Attorney designee"; and added subsec. (c).
D.C. Law 16-33 rewrote subsec. (a), which had read as follows:
"(a) Attorneys employed by the Office of the Corporation Counsel, wherever located in the District government, shall be hired by the Corporation Counsel. Attorneys, including Senior Executive Attorneys, employed by any other subordinate agency shall be hired by the head of the agency with the approval of the Corporation Counsel."
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-608.51.
For temporary (90-day) amendment of section, see § 3(b) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).
For temporary (90-day) amendment of section, see § 3(b) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).
For temporary (90 day) amendment of section, see § 3012(d) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 13-91, see notes following § 1-602.03.
For Law 16-33, see notes following § 1-617.17.
(a) Attorneys employed by the Office of the Attorney General, wherever located in the District government, including Senior Executive attorneys, shall act under the direction, supervision, and control of the Attorney General.
(b) Notwithstanding the authority vested in the Attorney General by subsection (a) of this section, the Attorney General may delegate the direction, supervision and control of attorneys who perform work primarily for any other subordinate agency, whether located at the agency or not, to the head of that agency as follows:
(1) After consulting with the agency head, delegate in writing the direction, supervision and control of all or some of the attorneys who perform work primarily for the agency, including Senior Executive Attorneys. This delegation may be withdrawn at any time, in writing, after consulting with the agency head.
(2) The delegation and its withdrawal, if any, pursuant to paragraph (1) of this subsection shall cite the reasons for the delegation or withdrawal of delegation using the following criteria:
(A) Agency size;
(B) Agency workload;
(C) Necessity or lack of necessity for agency in-house counsel to engage in high level policy-making;
(D) Agency head or agency General Counsel or the equivalent, expressed preferences;
(E) Necessity or lack of necessity for Attorney General supervision;
(F) Practicality or impracticality of Attorney General supervision;
(G) Existence of a conflict of interest if the Attorney General supervises agency counsel; or
(H) Any other relevant factor as identified by the Attorney General.
(c) Attorneys employed by independent agencies shall act under the direction, supervision, and control of the respective agency heads.
(d) The Attorney General may:
(1) After consulting with the affected subordinate agency head, assign an attorney employed by the Office of the Attorney General who previously performed work primarily for the Office of the Attorney General to perform work primarily for the affected subordinate agency, whether located at the agency or not, in the Attorney General's discretion; or
(2) After consulting with the affected sending and receiving subordinate agency heads, assign an attorney employed by the Office of the Attorney General who previously performed work primarily for the sending agency, including the Office of the Attorney General, to perform work primarily for the receiving agency, whether located at the receiving agency or not in the Attorney General's discretion, unless the Attorney General has delegated the direction, supervision, and control of the attorney pursuant to subsection (b) of this section.
(Mar. 3, 1979, D.C. Law 2-139, § 855, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(e), 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.55.
Effect of Amendments
D.C. Law 16-33, rewrote subsec. (a), (b) and (d). Prior to amendment, subsecs. (a), (b), and (d) had read as follows:
"(a) Attorneys employed by the Office of the Corporation Counsel, wherever located in the District government, and attorneys employed by any other subordinate agency, including Senior Executive Attorneys, shall act under the direction, supervision, and control of the Corporation Counsel. The Corporation Counsel shall exercise authority, to the maximum extent practicable, over other subordinate agency attorneys in a way that:
"(1) Supports the lawful activities, objectives, and policies of the other subordinate agencies;
"(2) Provides the attorney services requested by the other subordinate agencies; and
"(3) Avoids giving unsolicited advice on policy decisions that involve no legal issues.
"(b) Notwithstanding the authority vested in the Corporation Counsel by subsection (a) of this section, the Corporation Counsel may delegate the direction, supervision and control of attorneys to a subordinate agency head as follows:
"(1) After consulting with the agency head, delegate in writing the direction, supervision, and control of all or some of the agency's attorneys, including Senior Executive Attorneys. This delegation may be withdrawn at any time, in writing, after consulting with the agency head.
"(2) The delegation and its withdrawal, if any, pursuant to paragraph (1) of this subsection shall cite the reasons for the delegation or withdrawal of delegation using the following criteria:
"(i) Agency size;
"(ii) Agency workload;
"(iii) Necessity or lack of necessity for agency in-house counsel to engage in high level policy-making;
"(iv) Agency head or agency General Counsel or the equivalent, expressed preferences;
"(v) Necessity or lack of necessity for Corporation Counsel supervision;
"(vi) Practicality or impracticality of Corporation Counsel supervision;
"(vii) Existence of a conflict of interest if the Corporation Counsel supervises agency Counsel; or
"(viii) Any other relevant factor as identified by the Corporation Counsel.
"(d) Subject to the availability of an unfilled appropriated position in the receiving agency or as otherwise authorized by law, the Corporation Counsel may:
"(1) After consulting with the affected agency head, transfer an attorney employed by the Office of the Corporation Counsel to any other subordinate agency; or
"(2) After consulting with the sending agency head, transfer an attorney employed by a subordinate agency to any other subordinate agency, including the Office of the Corporation Counsel, with the approval of the head of the receiving agency, unless the Corporation Counsel has delegated the direction, supervision, and control of the attorney to the head of the agency that employs the attorney."
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-608.51.
For temporary (90 day) amendment of section, see § 3012(e) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 16-33, see notes following § 1-617.17.
(a) Notwithstanding subchapter XVI-A, a Legal Service attorney, other than a Senior Executive Attorney, shall be subject to disciplinary action, including removal, suspension, reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay, for unacceptable performance or for any reason that is not arbitrary or capricious.
(b) The disciplinary action provided for in subsection (a) of this section shall be taken by:
(1) The Attorney General when the attorney is employed by the Office of the Attorney General and performs work primarily for that Office, whether located in that Office or not;
(2) The Attorney General, after consulting with the agency head, when the attorney is employed by the Office of the Attorney General and performs work primarily for any other subordinate agency, whether located at the other subordinate agency or not, and there has been no delegation of authority pursuant to § 1-608.55; or
(3) The agency head or the Senior Executive Attorney designee when the attorney is employed by an independent agency or by a subordinate agency and the Attorney General has delegated authority over the attorney to the subordinate agency head pursuant to § 1-608.55.
(c) Any disciplinary action pursuant to this section taken against attorneys in subordinate agencies may be appealed to the Mayor. The Mayor's decision regarding this disciplinary action shall be final. The decision of the agency head or the Senior Executive Attorney designee shall be final with respect to disciplinary action taken against attorneys in independent agencies.
(d) The disciplinary provisions of § 1-609.05 shall apply to Legal Service employees of the Council of the District of Columbia.
(Mar. 3, 1979, D.C. Law 2-139, § 856, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(d), 47 DCR 520; Oct. 30, 2004, 118 Stat. 2230, Pub. L. 108-386, § 7; Oct. 20, 2005, D.C. Law 16-33, § 3012(f), 52 DCR 7503; Apr. 7, 2006, D.C. Law 16-91, § 110(b), 52 DCR 10637; Mar. 2, 2007, D.C. Law 16-191, § 5(p)(3), 53 DCR 6794.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.56.
Effect of Amendments
D.C. Law 13-91, in subsec. (a), inserted "Notwithstanding subchapter XVII-A,".
Subsec. (110)(d)(1)(B) of D.C. Law 13-91 provides:
"(1) Subsection (a) is amended as follows:"
"(B)(i) Strike the phrase 'or reduction in grade,' and insert the phrase ' reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay,' in its place.
"(ii) The subparagraph shall apply upon the enactment of legislation by the United States Congress that states 'Notwithstanding any other law, section 3(c)(1)(B)(i) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999, adopted by the Council of the District of Columbia is enacted into law.'"
Pub. L. 108-386, in subsec. (a), substituted "reduction in grade, or the placing of such attorney on enforced annual leave or enforced leave without pay," for "or reduction in grade,".
D.C. Law 16-33 rewrote subsec. (b), which had read as follows:
"(b) The disciplinary action provided for in subsection (a) of this section shall be taken by:
"(1) The Corporation Counsel when the attorney is employed by the Office of the Corporation Counsel;
"(2) The Corporation Counsel, after consulting with the agency head, when the attorney is employed by a subordinate agency and there has been no delegation of authority over the attorney pursuant to § 1-608.55; or
"(3) The agency head or the Senior Executive Attorney designee when the attorney is employed by an independent agency or by a subordinate agency and the Corporation Counsel has delegated authority over the attorney to the subordinate agency head pursuant to § 1-608.55."
D.C. Law 16-91 added subsec. (d).
D.C. Law 16-191, in subsec. (b)(2), validated a previously made technical correction.
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-608.51.
For temporary (90-day) amendment of section, see § 3(c) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).
For temporary (90-day) amendment of section, see § 3(c) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).
For temporary (90 day) amendment of section, see § 3012(f) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 13-91, see notes following § 1-602.03.
For Law 16-33, see notes following § 1-617.17.
For Law 16-91, see notes following § 1-301.45.
For Law 16-191, see notes following § 1-325.44.
Effective Dates
Section 9 of Pub. L. 108-386, 118 Stat. 2228, the 2004 District of Columbia Omnibus Authorization Act, provides that: "The amendments made by this section shall take effect on the date of the enactment of this Act."
(a) The Attorney General shall establish an annual mandatory program of continuing legal education for attorneys in the Legal Service, other than attorneys employed by independent agencies. Attorneys in the Legal Service who supervise one or more other attorneys as part of their normal duties shall maintain and enhance their management and supervisory skills through at least annual in-house or other training arranged or approved by their employing agency.
(b) The Attorney General shall develop and establish a performance management system that includes accountability standards and individual accountability plans for all attorneys, including Senior Executive Attorneys, in the Legal Service who are under the direction and control of the Attorney General. The performance management system shall link pay to performance.
(c) The head of an independent agency that employs attorneys in the Legal Service shall develop and establish a performance management system that includes accountability standards and individual accountability plans for all attorneys in the Legal Service who are under their direction and control. The head of an independent agency may utilize the system developed for use by the Attorney General for attorneys under the direction and control of the Attorney General, for attorneys under the independent agency head's direction and control. The performance management system shall link pay to performance.
(Mar. 3, 1979, D.C. Law 2-139, § 857, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(g), 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.57.
Effect of Amendments
D.C. Law 16-33 substituted "Attorney General" for "Corporation Counsel".
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-608.51.
For temporary (90 day) amendment of section, see § 3012(g) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 16-33, see notes following § 1-617.17.
(a) Compensation for Legal Service attorneys shall be reviewed annually by the Mayor and shall be fixed in accordance with the following policy:
(1) The compensation of Senior Executive Attorneys shall be competitive with that provided by the federal government Senior Executive Service Salary Table for attorneys in the Washington metropolitan area having comparable duties, responsibilities, qualifications and experience; and
(2) The compensation of all other Legal Service Attorneys shall be competitive with that provided by the federal government General Schedule for attorneys in the Washington metropolitan area having comparable duties, responsibilities, qualifications, and experience.
(b) Pay shall be established by the Mayor and submitted by resolution to the Council pursuant to § 1-611.06.
(Mar. 3, 1979, D.C. Law 2-139, § 858, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.58.
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-608.51.
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
Resolutions
Resolution 15-793, the "Office of the Attorney General for the District of Columbia Legal Services Non-Collective Bargaining Unit Employees Compensation System Changes Approval Resolution of 2004", was approved effective December 21, 2004.
Resolution 15-795, the "Office of the Attorney General Legal Services Managers Compensation System Establishment Rulemaking and Compensation System Changes Approval Resolution of 2004", was approved effective December 21, 2004.
Resolution 16-319, the "Office of the Attorney General Legal Service Managers Compensation System Changes Approval Resolution of 2005", was approved effective October 11, 2005.
Resolution 16-320, the "Office of the Attorney General for the District of Columbia Legal Service Non-Collective Bargaining Employees Compensation System Changes Approval Resolution of 2005", was approved effective October 11, 2005.
(a) The provisions of § 1-608.01(e) shall apply to employment in the Legal Service other than the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia.
(b) Notwithstanding the provisions of §§ 1-608.01(e) and 2-1401.01 et seq., any attorney appointed to the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia shall become a bona fide resident of the District within 180 days of the effective date of the appointment, and shall remain a District resident for the duration of the employment. Failure to become a District resident or to maintain District residency shall result in forfeiture of the position to which the person has been appointed.
(c) The Director of Personnel may waive the residency requirement in subsection (b) of this section for any individual appointed to a hard-to-fill position pursuant to § 1-608.53.
(Mar. 3, 1979, D.C. Law 2-139, § 859, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(e), 47 DCR 520.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.59.
Effect of Amendments
D.C. Law 13-91, in subsecs. (a) and (b), substituted "the Senior Executive Service Attorney Service and attorneys employed by the Council of the District of Columbia" for "the Senior Executive Attorney Service".
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-608.51.
For temporary (90-day) amendment of section, see § 3(d) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).
For temporary (90-day) amendment of section, see § 3(d) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 13-91, see notes following § 1-602.03.
No later than one year after April 20, 1999, the Corporation Counsel shall report, in writing, to the Mayor and the Council concerning all aspects of the operation of the Legal Service since its establishment. This report shall include a description of:
(1) The effect of any pay increase approved for attorneys in the Legal Service on the quality of applicants for positions in the Legal Service and the retention of highly qualified attorneys;
(2) The experience under the new standards for adverse and corrective actions;
(3) The programs established for legal and management training;
(4) The performance management system established, including the results obtained from linking the award of additional income allowances to performance; and
(5) Any other matters that the Corporation Counsel identifies as relevant.
(Mar. 3, 1979, D.C. Law 2-139, § 860, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Apr. 12, 2000. D.C. Law 13-91, § 110(f), 47 DCR 520.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.60.
Effect of Amendments
D.C. Law 13-91 redesignated former subsecs. (a) to (e) as subsecs. (1) to (5), respectively.
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-608.51.
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 13-91, see notes following § 1-602.03.
The Attorney General may adopt rules to implement the provisions of this subchapter in accordance with subchapter I of Chapter 5 of Title 2.
(Mar. 3, 1979, D.C. Law 2-139, § 861, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 20, 2005, D.C. Law 16-33, § 3012(h), 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.61.
Effect of Amendments
D.C. Law 16-33 substituted "Attorney General" for "Corporation Counsel".
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-608.51.
For temporary (90 day) amendment of section, see § 3012(h) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 16-33, see notes following § 1-617.17.
The provisions of this subchapter shall apply on April 20, 1999, except as follows:
(1) Section 1-608.52 shall include attorneys employed by the District of Columbia Board of Education as part of the new Legal Service only as long as there is no Congressional statutory requirement that attorneys employed by the District of Columbia public schools be classified as Educational Service employees.
(2) Repealed.
(3) Within 90 days after April 20, 1999, the Mayor shall appoint to the new Legal Service any attorney who has been appointed to a position in the Office of the Corporation Counsel as of the effective date of this subchapter. Effective October 1, 1999, the appropriate personnel authority shall appoint to the new Legal Service any attorney who has been appointed to a position in any other subordinate agency or in any independent agency as of that date.
(4) The provisions of § 1-608.56 shall apply to individuals hired on or before December 31, 1979 as attorneys by the Mayor, an agency under the personnel authority of the Mayor, or any independent agency upon enactment of legislation by Congress that states the following:
"Notwithstanding any other law, the provisions contained in Title VIII-B of the District of Columbia Government Comprehensive Merit Personnel Act of 1978, passed on second reading on December 15, 1998 (Enrolled version of Bill 12-660) shall apply to all covered attorneys first hired on or before December 31, 1979."
(5) Effective October 1, 2005, any attorney who was employed by any subordinate agency other than the Office of the Attorney General as of October 20, 2005 shall become an attorney employed by the Office of the Attorney General for the District of Columbia. By December 31, 2005, the Mayor shall complete the personnel paperwork necessary to reflect these appointments.
(Mar. 3, 1979, D.C. Law 2-139, § 862, as added Apr. 20, 1999, D.C. Law 12-260, § 2(j), 46 DCR 1318; Oct. 26, 2001, D.C. Law 14-42, § 2(b), 48 DCR 7612; Oct. 20, 2005, D.C. Law 16-33, § 3012(i), 52 DCR 7503; Oct. 16, 2006, 120 Stat. 2037, Pub. L. 109-356, § 202(b).)
HISTORICAL AND STATUTORY NOTES
Prior Codifications
1981 Ed., § 1-609.62.
Effect of Amendments
D.C. Law 14-42 validated a previously made technical change in par. (4).
D.C. Law 16-33 added par. (5).
Pub. L. 109-356 repealed par. (2) which had read as follows:
"(2) The provisions of this subchapter shall apply to attorneys employed by the Office of the Chief Financial Officer when the District of Columbia is no longer in a control period, as defined in § 47-393(4)."
Emergency Act Amendments
For temporary addition of subchapter, see note to § 1-608.51.
For temporary (90-day) amendment of section, see § 3(e) of the Legal Services Clarification and Technical Emergency Amendment Act of 1999 (D.C. Act 13-203, December 8, 1999, 46 DCR 10456).
For temporary (90-day) amendment of section, see § 3(e) of the Legal Services Clarification and Technical Congressional Review Emergency Amendment Act of 2000 (D.C. Act 13-293, March 7, 2000, 47 DCR 2063).
For temporary (90 day) amendment of section, see § 2(b) of Technical Amendments Emergency Act of 2001 (D.C. Act 14-108, August 3, 2001, 48 DCR 7622).
For temporary (90 day) amendment of section, see § 3012(i) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For legislative history of D.C. Law 12-260, see Historical and Statutory Notes following § 1-604.04.
For Law 14-42, see notes following § 1-307.67.
For Law 16-33, see notes following § 1-617.17.
Until the Legal Service budgets of the subordinate agencies are transferred to the budget of the Attorney General, the subordinate agencies that employed the attorneys who are transferred to the employment of the Office of the Attorney General pursuant to this chapter shall continue to be responsible for their compensation.
(Mar. 3, 1979, D.C. Law 2-139, § 863, as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For Law 16-33, see notes following § 1-617.17.
By October 1, 2005, all subordinate agencies, other than the Office of the Attorney General, shall transfer to that Office all attorney and support staff employees, personal property, full-time equivalent position authority, assets, records, and all unexpended balances of appropriations, allocations, and other funds available or to be made available relating to the furnishing of legal and other services by the attorneys who were employed by these agencies as of October 20, 2005.
(Mar. 3, 1979, D.C. Law 2-139, § 864, as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For Law 16-33, see notes following § 1-617.17.
(a) Notwithstanding any other law, during fiscal year 2006 the entire Legal Service budget for attorneys in the subordinate agencies, including personal services and non-personal services budgets associated with the pay and benefits of attorneys and their support staff, grants, as well as all related administrative overhead, supplies, materials, equipment and equipment rentals, and contractual services shall be under the management authority and control of the Attorney General.
(b) Notwithstanding any other law, during fiscal year 2007 and each fiscal year thereafter, the entire Legal Service budget for attorneys in the subordinate agencies shall continue to be under the management authority and control of the Attorney General, to the extent those budgets have not yet been included in the budget of the Office of the Attorney General.
(c) The Chief Financial Officer shall determine the exact budget amounts that are under the Attorney General's management authority in accordance with this section.
(Mar. 3, 1979, D.C. Law 2-139, § 865, as added Oct. 20, 2005, D.C. Law 16-33, § 3012(j), 52 DCR 7503.)
HISTORICAL AND STATUTORY NOTES
Emergency Act Amendments
For temporary (90 day) addition, see § 3012(j) of Fiscal Year 2006 Budget Support Emergency Act of 2005 (D.C. Act 16-168, July 26, 2005, 52 DCR 7667).
Legislative History of Laws
For Law 16-33, see notes following § 1-617.17.
