ITED STATES OF AMERICA CONTENTS S. 2255 (Bible): To provide for three additional judges in the District of S. 2263 (Morse): To provide for five additional judges in the District of Staff memorandum........ STATEMENTS American Bar Association, Harry S. Wender, Washington representative, District of Columbia Bar Association: McArdle, Paul F., president.. Quinn, Paul S., chairman, Legislative Committee-- District of Columbia Court of General Sessions: Bramhall, Walter, clerk Smith, Hon. John Lewis, Jr., chief judge. District of Columbia government: Robert Kneipp, Assistant Corporation Justice Department: Hoffman, Herbert E., Esq., Office of the Deputy Attorney General.. MATERIAL SUBMITTED FOR THE RECORD Citizens Traffic Board, Harold J. Nussbaum, legislative chairman, letter District of Columbia Bar Association, Paul F. McArdle, president, copy of District of Columbia Court of General Sessions, Hon. John Lewis Smith, Jr., Letter dated February 1, 1966, to the Attorney General and enclosures. 56 61 41 5 10 44 11 Statistical summary of the court's business (July-December, fiscal 1966) 6 Workload statistics_ 23-26 Estimated cost of three additional judges.. 17 Estimated cost of five additional judges. 20 District of Columbia government, Hon. Walter N. Tobriner, President, 29 Justice Department: Clark, Hon. Ramsey, Deputy Attorney General, letter dated November 17, 1965, to Chairman McMillan on S. 2263. 61 Vinson, Hon. Fred M., Jr., Assistant Attorney General: 37 62 Middleton, John B., Esq., letters dated September 26, 1965, and March 16, 1966, to Chairman McMillan.. 59 DISTRICT OF COLUMBIA COURT OF GENERAL SESSIONS MONDAY, MARCH 14, 1966 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE No. 5 OF THE COMMITTEE ON THE DISTRICT OF COLUMBIA, Washington, D.C. The subcommittee met, pursuant to notice, at 10 a.m., in room 1310, Longworth House Office Building, Hon. Basil Whitener (chairman of the subcommittee) presiding. Present: Representatives Whitener, Nelsen, and Horton. Also present: James T. Clark, clerk; Hayden S. Garber, counsel; Donald Tobridy, minority clerk; Leonard O. Hilder, investigator; and Clayton Gasque, staff director. Mr. WHITENER. The subcommittee will come to order, and we will proceed with the hearings on S. 2263, an act to establish a traffic branch of the District of Columbia Court of General Sessions and to provide for the appointment to such court of five additional judges. We also have another bill, S. 2255, relating to the composition of the District of Columbia Court of General Sessions. Both bills will be inserted into the record, together with the staff memorandum thereon. (S. 2255 and S. 2263 and the staff memorandum follow :) [S. 2255, 89th Cong., 1st sess.] A BILL Relating to the composition of the District of Columbia Court of General Sessions Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 11-902(a) of the District of Columbia Code is amended by striking out "fifteen" and inserting in lieu thereof "eighteen". [S. 2263, 89th Cong., 1st sess.] AN ACT To establish a Traffic Branch of the District of Columbia Court of General Sessions and to provide for the appointment to such court of five additional judges Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That title 11 of the District of Columbia Code is amended by adding immediately after chapter 11 of such title the following new chapter: "CHAPTER 12-TRAFFIC BRANCH OF COURT OF GENERAL SESSIONS "The Traffic Branch of the District of Columbia Court of General Sessions is hereby established as a branch in the criminal division of the court. "§ 11-1202. Judges; assignments "The Traffic Branch of the District of Columbia Court of General Sessions shall consist of two judges of the court, who shall serve in that branch during their tenure of office. The chief judge of the court may, if he finds the work of the Traffic Branch will not be adversely affected thereby, assign any of the judges of the Traffic Branch to temporarily perform the duties of any of the other judges of the court. The chief judge of the court shall also have the authority to assign any of the other judges of the court to serve temporarily in the Traffic Branch if, in the opinion of the chief judge, the work of the Traffic Branch requires such assignment. "§ 11-1203. Sessions "The Traffic Branch, with at least one judge in attendance, shall be open for the transaction of business every day of the year (including night sessions), except Saturday afternoons, Sundays, and legal holidays. "§ 11-1204. Jurisdiction; powers "The Traffic Branch and each judge sitting therein shall have the same jurisdic tion over, and exercise the same powers in connection with, offenses arising out of violations of laws or regulations of the District of Columbia relating to the operation, licensing, registration, inspection, or parking of motor vehicles; the regulation and control of motor vehicle traffic; the issuance, suspension, or revo cation of motor vehicle operating permits; and motor vehicle safety responsibility, as that lawfully had or exercised by the District of Columbia Court of General Sessions on the date immediately preceding the effective date of this section." SEC. 2. The Traffic Branch of the District of Columbia Court of General Sessions shall have jurisdiction over all offenses arising out of any such violations referred to in section 11-1204 of the District of Columbia Code pending in the Court of General Sessions on the effective date of section 11-1204 of the District of Columbia Code. SEC. 3. Section 11-904 of the District of Columbia Code is amended by striking out "sections 11-1103" and inserting in lieu thereof "sections 11-1103, 11-1203,". SEC. 4. (a) Subsection (a) of section 11-902 of the District of Columbia Code is amended by striking out "fifteen associate judges" and inserting in lieu thereof "twenty associate judges". (b) Two of the judges appointed to the additional positions authorized by the amendment made by subsection (a) of this section to section 11-902 of the District of Columbia Code shall, during their tenures of office, serve as judges of the Traffic Branch of the Court of General Sessions. SEC. 5. The table of contents of part II of the District of Columbia Code. "Judiciary and Judicial Procedure", is amended by inserting immediately after "11. Domestic Relations Branch of Court of General Sessions----- the following: "12. Traffic Branch of Court of General Sessions___. 11-1101" 11-1201". SEC. 6. The amendment made by the first section of this Act shall become effective sixty days after the date of the enactment of this Act. Passed the Senate August 24, 1965. Attest: PROVIDING FOR FIVE ADDITIONAL JUDGES AND ESTABLISHMENT of a TRAFFIC BRANCH IN THE COURT OF GENERAL SESSIONS S. 2263 (Senator Morse) was introduced for the purpose of increasing the number of judges on the District of Columbia court of general sessions from 15 to 20 associate judges and to establish a traffic branch within that court. The District of Columbia Court of general sessions is a "local" court as contrasted with the Federal (the U.S. District Court for the District of Columbia). It is charged with the dispensation of justice in criminal matters in the nature of misdemeanors and is authorized to hear most civil matters in which damages of up to $10,000 are sought. It operates in two divisions, civil and criminal, and is further organized into the landlord and tenant court, traffic court, the domestic relations branch, and the small claims and conciliation branch. Increased court load is attributable to some factors, among them, the following: (1) The increased jurisdiction given to the court for cases involving amounts from $3,000 to $10,000; (2) Increased crime in the District of Columbia, where the volume of crime has more than doubled since 1957, with the largest percentage of this increase involving misdemeanors which are within the jurisdiction of the U.S. branch of the court of general sessions; (3) Increased activity in the enforcement of housing and building codes in the District of Columbia; (4) An increase in the number of traffic cases; (5) Increased case loads in other branches of the court. A separate traffic branch of the court is established under the bill, to be served by two of the five new judges who could be appointed temporarily to other branches of the court of general sessions. But the usual rotation and assignment of these two judges by the chief Judge, as presently authorized for all judges, would not be permitted under the bill. Night sessions of traffic court would be scheduled, and the court would be in operation every day except Saturday afternoons, Sundays and legal holidays. S. 2255 PROVIDING FOR THREE ADDITIONAL JUDGES S. 2255 (Senator Bible), to increase the number of judges from 15 to 18, was introduced at the request of the District of Columbia Bar Association. A hearing was held by the Senate District Committee on both S. 2255 and S. 2263, after which the Senate reported and passed S. 2263, amended, which is before this committee today. Mr. WHITENER. Will all you gentlemen who are appearing on this legislation come forward. Now for the benefit of the committee, starting with Mr. Vinson, will each of you give us your full name and position so that the committee may know. Mr. VINSON. Yes, Mr. Chairman. My name is Fred Vinson; I am the Assistant Attorney General in charge of the Criminal Division, Department of Justice. Mr. KNEIPP. Robert Kneipp, Assistant Corporation Counsel for the District of Columbia Commissioners. Judge SMITH. John Lewis Smith, chief judge, District of Columbia, Court of General Sessions. Mr. BRAMHALL. Walter Bramhall, clerk of the Court of General Sessions. Mr. QUINN. Paul Quinn, attorney in private practice in Washington appearing as acting chairman, legislative committee, District of Columbia Bar Association. |