Amendment IV: Giving DC an Elected Attorney General

8/8/2019 Amendment IV: Giving DC an Elected Attorney General

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DISTRICT OF COLUMBIA REGISTER OL. 57 - NO. 33 UGUST 13 2010

DISTRICT OF COL UMBIA BOARD OF ELECTIONS AND ETHICS

PUBLIC NOTICE

The Board of Elections and Ethics at its Board Meeting on W ednesday, July 28, 2010,

certified the short title and sum mary statement of the proposed charter amendm ent "TheElected Attorney General Charter Amen dment." Pursuant to 3 DCMR 1 804.3, theBoard hereby publishes the short title, the summary statement, as certified by the Board,and the proposed charter amendm ent act in its entirety as follows, and announces theproposed charter amen dment act will be presented to the voters at the General Electionpursuant to 3 DCMR 1805.1, to be conducted on Tuesday, Novemb er 2, 2010.

Proposed Charter Amendment IV

SHORT TITLE

"The Elected Attorney General Charter Amendm ent"

SUMMARY STATEMENT

Currently, the Attorney General for the District of Columbia is appo inted by the M ayorand confirmed by the Council of the District of Columbia. This Charter Amendment, ifpassed, would amen d the District of Columbia H ome R ule Act to allow voters to elect theAttorney General for a 4-year term of o ffice.

A candidate for the position of Attorney Gen eral must meet certain qualifications andrequirements which include being a registered voter in the District of Columbia, and amem ber in good standing o f the District of Columb ia Bar for at least five years prior toassuming the po sition of Attorney G eneral.

If voters approve of this amendm ent and the U.S. Congress does not reject the measure,residents of the District of Columbia w ould begin voting for the A ttorney General in2014.

AN ACTD.C. ACT 18-351

IN THE COUNCIL OF THE D ISTRICT OF COLUM BIAMARCH 30, 2010

To clarify the independence of the A ttorney General for the District of Columb ia and theobligation of that position to represent the public interest, to provide for a 4-year

term of office for the Attorney General to coincide with the term of office of theMayor, to set minimum qualifications and requirements for the position ofAttorney General, to require for the autom atic forfeiture of the po sition ofAttorney General if the incum bent fails to meet the requirements o f this act, tocodify the salary of the Attorney General, to codify the budget process for theOffice of the Attorney General, to require the appointment of a Ch ief DeputyAttorney Gen eral, to authorize the administration of o aths, to permit the

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appointment of special counsel in the event of conflict, and to address the inabilityof the Attorney G eneral to carry out the duties of office; to amendthe District of Columbia Election Code of 1955 to provide for the election of theAttorney General; and to amend the District of Columbia Ho me Rule Act toestablish the A ttorney General for the District of Columbia as an elected position.

BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUM BIA,That this act may be cited as the "Attorney G eneral for the District of ColumbiaClarification and Elected Term Amend ment Act of 2010".

TITLE I -- ATTORN EY GENER AL FOR THE DISTRICT OF COLUM BIAPART A.

Sec. 101. Duties of the A ttorney General for the District of Columbia.(a)(1) The Attorney Gen eral for the District of Colum bia ("Attorney General")

shall have charge and conduct of all law b usiness of the said District and all suitsinstituted by and against the government thereof, and shall possess all pow ers affordedthe Attorney General by the com mon an d statutory law of the District and shall beresponsible for upholding the public interest. The Attorney General shall have the powerto control litigation and appeals, as well as the po wer to intervene in legal proceedings onbehalf of this public interest.

(2) The Attorney General shall furnish opinions in writing to the May or and theCouncil whenever requested to do so. All requests for opinions from agenciessubordinate to the Mayor shall be transmitted through the Mayo r. The Attorney Generalshall keep a record o f requests, together with the opinions. Those opinions of theAttorney General issued pursuant to Reorganization Order No. 50 shall be com piled andpublished by the Attorney General on an annual basis.

(b) The authority provided under this section shall not be construed to deny o rlimit the duty and authority of the A ttorney General as heretofore authorized, either bystatute or under comm on law.

Sec. 102. Appointment of the Attorney General.(a) Until such time as an Attorney General is elected under section 201, the

Attorney General for the District of Columbia shall be appointed by the Mayor w ith theadvice and consent of the Co uncil pursuant to section 2 of the Co nfirmation Act of 1978,effective M arch 3, 1979 (D.C. Law 2-142; D.C. Official Code 1-523.01).

(b) The Attorney General shall:(1 ) Serve a 4-year term to coincide with the term for Mayo r; and(2 ) Be eligible for reappointment by the Mayor w ith the advice and

consent of the Council, and may serve in a holdover capacity at the expiration of his orher term pursuant to section 2(c) of the Confirmation Act of 1978, approved M arch 3,

1979 (D.C. Law 2-142; D.C. Official Code 1-523.01(c)).(c) This section shall not apply to the incumbent A ttorney General on the

effective date of this act.

Sec. 103. Minimum qualifications and requirements for Attorney General.

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(a) No person shall hold the po sition of A ttorney General for the District ofColumb ia unless that person:

(1) Is a registered qualified elector as defined in section 2(20) of theDistrict of Columbia Election Code of 1955 , approved Augu st 12, 1955 (69 Stat. 699;D.C. Official Code 1-1001.02(20));

(2) Is a bona fide resident of the District of Columbia;(3) Is a mem ber in good standing o f the bar of the District of Columbia;(4) Has been a mem ber in good standing of the bar of the District of

Columbia for at least 5 years prior to assuming the p osition of Attorney General; and(5) Has been actively engaged, for at least 5 of the 10 years im mediately

preceding the assumption of the position of Attorney General, as:(A) An attorney in the practice of law in the District of Colum bia;(B) A judge of a court in the D istrict of Columbia;(C ) A professor of law in a law school in the District of Columbia;

Or(D ) An attorney emp loyed in the District of Columbia by the

United States or the District of Columbia.(b) The A ttorney General shall devote full-time to the duties of the office and

shall not engage in the private practice of law and shall not perform an y other dutieswhile in office that are inconsistent with the duties and responsibilities of A ttorneyGeneral.

Sec. 104. Forfeiture of the position of A ttorney General.The occ urrence of any of the following shall result in automatic forfeiture of the

position of Attorney General for the District of Colum bia:(1 ) Failure to maintain the qualifications required under section 103(a);(2 ) Violation of the prohibition against the private practice of law as

provided in section 103(b); or

(3 ) Conviction of a felony w hile in office.Sec. 105. Attorney Gen eral salary.(a ) Except as provided in sub section (b) of this section, the Attorney General for

the District of Columbia shall be paid at an annual rate equal to the rate of basic pay forlevel E5 on the Ex ecutive Schedule pursuant to section 1052 of the District of ColumbiaGovernm ent Comprehensive M erit Personnel Act of 1978, effective June 10, 1998 (D.C.Law 12-124; D .C.Official Code 1-610.52).

(b ) An A ttorney General for the District of Columbia elected under section 201shall receive compensation equal to the Ch airman of the Cou ncil of the District ofColumb ia as provided in section 403(d) of the District of Columbia H ome R ule Act,approved D ecember 24, 1973 (87 Stat. 787; D.C. Official Code 1-204.03(d)).

Sec. 106. Annual budg et for the Office of Attorney General.(a) The Attorney G eneral for the District of Columb ia shall prepare and submit to

the Mayo r, for inclusion in the annu al budget of the District of Columbia under P art D ofTitle IV of the District of Columbia Home R ule Act, approved Decem ber 24, 1973 (87Stat. 798; D.C. Official Code 1-204.41 et seq.), for the year, annual estimates of the

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expenditures and appropriations necessary for the operation of the Office of the AttorneyGeneral for the year. The Mayor shall make recommendations to the Council of theDistrict of Columbia based on said submissions for the Council's action pursuant tosection 446 of the District of Columbia Home Rule Act, approved December 24, 1973(87 Stat. 801; D.C. Official Code 1-204.46), and section 603(c) of the District of

Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 814; D.C. OfficialCode 1-206.03(c)).

(b) Amounts appropriated for the Office of the Attorney General shall beavailable solely for the operation of the office, and shall be paid to the Attorney Generalby the Mayor (acting through the Chief Financial Officer of the District of Columbia) insuch installments and at such times as the Attorney General requires.

Sec. 107. Chief Deputy Attorney General, Deputy Attorneys General, andAssistant Attorneys General.

(a) The Attorney General shall appoint a Chief Deputy Attorney General whoshall meet the qualifications of section 103. The Chief Deputy Attorney General shallserve under the direction and control of the Attorney General and shall perform such

duties as may be assigned to him or her by the Attorney General.(b)(1) The Deputy Attorneys General and Assistant Attorneys General shall serve

under the direction and control of the Attorney General and shall perform such duties asmay be assigned to them by the Attorney General.

(2) A Deputy Attorney General shall be a resident of the District ofColumbia within 180 days of his or her appointment.

Sec. 108. Authority to administer oaths.The Attorney General, Chief Deputy Attorney General, Deputy Attorneys

General, and Assistant Attorneys General are authorized to administer oaths andaffirmations in the discharge of their official duties within the District of Columbia.

Sec. 109. Appointment of special counsel.(a) Except as provided in subsection (b) of this section, if the Attorney General

determines that his or her duty to represent the public interest in a particular matter mayprevent him or her from adequately representing the government, an agency, or anofficial, the Attorney General shall notify the Mayor of this circumstance and the Mayorshall appoint special counsel to represent the government, an agency, or an official for thematter.

(b) If the Attorney General determines that he or she is unable to provide adequaterepresentation pursuant to subsection (a) of this section in a matter in which the Mayor isexpected to be adverse to the special counsel, the Attorney General shall notify the ChiefJudge of the District of Columbia Court of Appeals, who shall appoint the special counsel

for the matter.

PART B.Subpart 1.

Sec. 121. Inability to carry out duties as Attorney General.

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TITLE II -- ELECTION OF A TTORN EY GENER ALSec. 201. The District of Columbia Hom e Rule Act, approved Decemb er 24, 1973

(87 Stat. 777; D.C. Official Code 1-201.01 et seq.), is amended as follows:(a) Section 103 (D.C. Official Code 1-201.03) is amended by adding a new

paragraph (16) to read as follows:

"(16) The term "Attorney General" means the A ttorney General for theDistrict of Columbia provided for by p art C-i of title IV.".

(b) Title IV is amended by adding a n ew Part C-i to read as follows:"PART C-i THE ATTOR NEY GENERAL

"ELECTION OF THE ATTORN EY GENERAL"Sec. 435. (a) The A ttorney General for the District of Columbia shall be elected

on a partisan basis by the registered qualified electors of the D istrict. Nothing in thissection shall prevent a candidate for the position of Attorney G eneral from belonging to apolitical party.

"(b)(1) If a vacancy in the position of Attorney General occurs as a consequ enceof resignation, permanent disability, death, or other reason, the Board of Elections andEthics shall hold a special election in the District on the 1st Tuesday occurring m ore than114 days after the date on w hich the vacancy occurs, unless the Board of Elections andEthics determines that the vacancy could be mo re practicably filled in a special electionheld on the sam e day as the next general election to be held in the District occurringwithin 60 days of the date on w hich a special election wo uld otherwise have been heldunder the provisions of this paragraph. The person elected Attorney General to fill avacancy in the Office of the Attorney General shall take office on the day in which theBoard of E lections and Ethics certifies his or her election, and shall serve as AttorneyGeneral only for the remainder of the term during wh ich the vacancy occurred unlessreelected.

"(2) When the position of Attorney General becomes vacant, the ChiefDeputy Attorney G eneral shall become the Acting Attorney General and shall serve fromthe date the vacancy occurs until the date on which the Bo ard of Elections and Ethicscertifies the election of the new A ttorney General at which time he or she shall againbecome the Chief Deputy A ttorney General. While the Chief Deputy Attorney General isActing Attorney Gen eral, he or she shall receive the comp ensation regularly paid theAttorney General, and shall receive no compensation as Chief Dep uty Attorney General.

"(c) The term of office for the Attorney General shall be 4 years and shall beginon noon on January 2nd of the year following his or her election. The term of office of theAttorney General shall coincide with the term of office of the M ayor.

"(d) Any cand idate for the position of Attorney General shall meet thequalifications of section 103 of the Attorney Gen eral for the District of ColumbiaClarification and Elected Term Am endment A ct of 2010, passed on 2nd reading on

February 2, 2010 (Enrolled version of Bill 18-65), prior to the day on w hich the electionfor the Attorney General is to be held."(e) The first election for the position of A ttorney General shall be after January

1, 2014.".

Sec. 202 . Applicability.

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Section 201 shall apply upon enactment by Congress.

TITLE III FISCAL IMPACT; EFFECTIVE DATESec. 301. Fiscal impact statement.The C ouncil adopts the fiscal impact statement in the com mittee report as the

fiscal impact statement required by section 602(c)(3) of the District of Columbia H omeRule Act, approved Decem ber 24, 1973 (87 Stat. 813; D.C. Official Code 1-206.02(c)(3)).

Sec. 302. Effective date.This act shall take effect following approval by the M ayor (or in the event of veto

by the M ayor, action by' the Council to override the veto), a 30-day period ofCongressional review as provided in section 602(c)(1) of the District of Columbia H omeRule Act, approved Decem ber 24, 1973 (87 Stat. 813: D.C. Official Code 1-206.02(c)(1)), and publication in the D istrict of Co lumbia Register.

AN ACTD.C. ACT 18-443

IN THE COUNCIL OF THE DISTRICT OF COLUMBIAJUNE 17, 2010

To am end, on an em ergency basis, the Attorney General for the District of ColumbiaClarification and Elected Term A mendm ent Act of 2010 to call for a referendumon the amen dments to the Charter of the District of Columbia establishing theAttorney General for the D istrict of Colum bia as an elected position.

BE IT ENACTED BY THE COUN CIL OF THE DISTRICT OF COLUM BIA,That this act may be cited as the "Elected Attorney General Referendum Em ergencyAmendm ent Act of 2010".

Sec. 2. Section 202 of the A ttorney General for the District of ColumbiaClarification and Elected Term Amendm ent Act of 2010, enacted March 30, 2010 (D.C.Act 18-351; 57 D CR 3012 ), is amended to read as follows:

"Sec. 202. A pplicability."Section 201 shall apply u pon its ratification by a m ajority of the registered

qualified electors of the D istrict of Columbia vo ting in a referendum h eld for suchpurpose and a 35 -day period of Cong ressional review as provided in section 303 of theDistrict of Columbia Hom e Rule Act, approved Decem ber 24, 1973 (87 Stat. 784; D.C.Official Code 1-203.03), and publication in the District of Columbia Register.".

Sec. 3. T ransmittal.The Chairman of the Council shall transmit copies of the Attorney Gen eral for theDistrict of Columbia Clarification and Elected Term A mendm ent Act of 2010, enactedM arch 30, 2010 (D .C. Act 18-351; 57 D CR 30 12), and this act, upon its effective date, tothe Board of Elections and E thics.

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Sec. 4. Fiscal impact statement.The Co uncil adopts the fiscal impact statement of the Budget D irector as the

fiscal impact statement required by section 602(c)(3) of the District of Columbia Hom eRule Act, approved Decem ber 24, 1973 (87 S tat. 813; D.C. Official Code 206.02(c)(3)).

Sec. 5. Effective date.This act shall take effect following approval b y the M ayor (or in the event o f veto

by the M ayor, action by the Cou ncil to override the veto), and shall remain in effect forno longer than 90 day s, as provided for emergency acts of the Council of the District ofColumbia in section 412(a) of the District of Columbia Home Rule Act, approvedDecemb er 24, 1973 (87 Stat. 788; D.C. Official Code 1-204.12(a)).

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Amendment IV: Giving DC an Elected Attorney General