[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4419 Enrolled Bill (ENR)]
H.R.4419
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
An Act
To update the financial disclosure requirements for judges of the
District of Columbia courts and to make other improvements to the
District of Columbia courts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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This Act may be cited as the ``District of Columbia Judicial
Financial Transparency Act''.

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COLUMBIA COURTS.
(a) Requirements Described.--Section 11-1530, D.C. Official Code,
is amended to read as follows:
``Sec. 11-1530. Financial statements
``(a) Pursuant to such rules as the Commission shall promulgate,
each judge of the District of Columbia courts shall, within 1 year
following the date of enactment of the District of Columbia Court
Reorganization Act of 1970 and at least annually thereafter, file with
the Commission a report containing the following information:
``(1)(A) The source, type and amount of the judge's income
which exceeds $200 (other than income from the United States
government and income referred to in subparagraph (C)) for the
period covered by the report.
``(B) The source and type of the judge's spouse's income which
exceeds $1,000 (other than income from the United States government
and income referred to in subparagraph (C)) for the period covered
by the report.
``(C) The source and type of income which consists of
dividends, rents, interest, and capital gains received by the judge
and the judge's spouse during such period which exceeds $200 in
amount or value, and an indication of which of the following
categories the amount or value of such item of income is within--
``(i) not more than $1,000;
``(ii) greater than 1,000 but not more than $2,500;
``(iii) greater than $2,500 but not more than $5,000;
``(iv) greater than $5,000 but not more than $15,000;
``(v) greater than $15,000 but not more than $50,000;
``(vi) greater than $50,000 but not more than $100,000;
``(vii) greater than $100,000 but not more than $1,000,000;
``(viii) greater than $1,000,000 but not more than
$5,000,000; or
``(ix) greater than $5,000,000.
``(2) The name and address of each private foundation or
eleemosynary institution, and of each business or professional
corporation, firm, or enterprise in which the judge was an officer,
director, proprietor, or partner during such period.
``(3) The identity and category of value (as set forth in
subsection (b)) of each liability of $10,000 or more owed by the
judge or by the judge and the judge's spouse jointly at any time
during such period.
``(4) The source and value of all gifts in the aggregate amount
or value of $250 or more from any single source received by the
judge during such period, except gifts from the judge's spouse or
any of the judge's children or parents.
``(5) The identity of each trust in which the judge held a
beneficial interest having a value of $10,000 or more at any time
during such period, and in the case of any trust in which the judge
held any beneficial interest during such period, the identity, if
known, of each interest in real or personal property in which the
trust held a beneficial interest having a value of $10,000 or more
at any time during such period. If the judge cannot obtain the
identity of the trust interest, the judge shall request the trustee
to report that information to the Commission.
``(6) The identity and category of value (as set forth in
subsection (b)) of each interest in real or personal property
having a value of $10,000 or more which the judge owned at any time
during such period.
``(7) The amount or value and source of each honorarium of $250
or more received by the judge and the judge's spouse during such
period.
``(8) The source and amount of all money, other than that
received from the United States government, received in the form of
an expense account or as reimbursement for expenditures from any
source aggregating more than $250 during such period.
``(9) The source and amount of all waivers or partial waivers
of fees or charges accepted by the judge on behalf of the judge or
the judge's spouse, domestic partner, or guest during such period.
``(b) For purposes of paragraphs (3) and (6) of subsection (a), the
categories of value set forth in this subsection are--
``(1) not more than $15,000;
``(2) greater than $15,000 but not more than $50,000;
``(3) greater than $50,000 but not more than $100,000;
``(4) greater than $100,000 but not more than $250,000;
``(5) greater than $250,000 but not more than $500,000;
``(6) greater than $500,000 but not more than $1,000,000;
``(7) greater than $1,000,000 but not more than $5,000,000;
``(8) greater than $5,000,000 but not more than $25,000,000;
``(9) greater than $25,000,000 but not more than $50,000,000;
and
``(10) greater than $50,000,000.
``(c)(1) Reports filed pursuant to this section shall, upon written
request, and notice to the reporting judge for purposes of making an
application to the Commission for a redaction pursuant to paragraph
(2), be made available for public inspection and copying within a
reasonable time after filing and during the period they are kept by the
Commission (in accordance with rules promulgated by the Commission),
and shall be kept by the Commission for not less than 3 years.
``(2) This section does not require the public availability of
reports filed by a judge if upon application by the reporting judge, a
finding is made by the Commission that revealing personal and sensitive
information could endanger that judge or a family member of that judge,
except that a report may be redacted pursuant to this paragraph only--
``(A) to the extent necessary to protect the individual who
filed the report or a family member of that individual; and
``(B) for as long as the danger to such individual exists.
``(d) The intentional failure by a judge of a District of Columbia
court to file a report required by this section, or the filing of a
fraudulent report, shall constitute willful misconduct in office and
shall be grounds for removal from office under section 11-
1526(a)(2).''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to reports filed under section 11-1530, D.C.
Official Code, that cover periods beginning during or after 2016.

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(a) In General.--Section 11-1732(j)(5), District of Columbia
Official Code, is amended by striking ``Family Divisions'' and
inserting ``Probate Divisions, and the Family Court,''.
(b) Technical and Conforming Amendment.--Section 11-1732(j)(4)(A),
District of Columbia Official Code, is amended by striking ``Family
Division'' and inserting ``Family Court''.

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TYPES OF PAYMENTS.
(a) In General.--Subchapter III of chapter 17 of title 11, District
of Columbia Code, is amended by adding at the end the following:
``Sec. 11-1748. Authority of courts to accept certain types of payments
``(a) Definitions.--In this section, the term `electronic funds
transfer'--
``(1) means a transfer of funds, other than a transaction by
check, draft, or similar paper instrument, that is initiated
through an electronic terminal, telephone, or computer or magnetic
tape for the purpose of ordering, instructing, or authorizing a
financial institution to debit or credit an account; and
``(2) includes point of sale transfers, automated teller
machine transfers, direct deposit or withdrawal of funds, transfers
initiated by telephone, and transfers resulting from debit card
transactions.
``(b) Authority To Accept Credit Card Payments and Electronic Funds
Transfers.--
``(1) In general.--The District of Columbia courts may accept
payment of fines, fees, escrow payments, restitution, bonds, and
other payments to the courts by credit card or electronic funds
transfer.
``(2) Use of vendors and third party providers.--The Executive
officer--
``(A) may contract with a bank or credit card vendor, or
other third party provider, for purposes of accepting payments
by credit card or electronic funds transfer; and
``(B) shall make every effort to find the lowest cost
vendor for purposes of accepting such payments.
``(3) Responsibility for paying fees.--Under any contract
entered into under paragraph (2), the person making the payment
shall be responsible for covering any fee or charge associated or
imposed with respect to the method of payment.
``(4) Completion of payment.--If a person elects to make a
payment to the District of Columbia courts by a method authorized
under paragraph (1), the payment shall not be deemed to be made
until the courts receive the funds.
``(c) Authority To Accept Checks.--
``(1) In general.--The District of Columbia courts may accept
payment of fines, fees, escrow payments, restitution, bonds, and
other payments to the courts by check.
``(2) Use of check guarantee vendor.--The Executive Officer--
``(A) may contract with a check guarantee vendor for
purposes of accepting payments by check; and
``(B) shall make every effort to find the lowest cost
vendor for purposes of accepting such payments.
``(3) Responsibility for paying fees.--Under any contract
entered into under paragraph (2), the person making the payment by
check shall be responsible for covering any fee or charge
associated or imposed with respect to the method of payment.
``(d) Liability for Non-Payment.--If a check or other method of
payment, including payment by credit card, debit card, or charge card,
so received is not duly paid, or is paid and subsequently charged back
to the District of Columbia courts, the person by whom such check or
other method of payment has been tendered shall remain liable for the
payment, to the same extent as if such check or other method of payment
had not been tendered.''.
(b) Technical and Conforming Amendment.--The table of sections for
subchapter III of chapter 17 of title 11, District of Columbia Code, is
amended by adding at the end the following:
``11-1748. Authority of courts to accept certain types of payments.''.

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UNDER JURISDICTION OF SMALL CLAIMS AND CONCILIATION BRANCH OF SUPERIOR
COURT.
(a) In General.--Section 11-1321, District of Columbia Official
Code, is amended by striking ``$5,000'' and inserting ``$10,000''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply to any case filed in the Superior Court of the District of
Columbia on or after the date of enactment of this Act.

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MAXIMUM AMOUNT.
(a) In General.--
(1) Criminal defense appointments.--Section 11-2604(c),
District of Columbia Official Code, is amended by striking the last
sentence and inserting the following: ``Each chief judge may
delegate such approval authority to an active or senior judge in
the court in which the chief judge sits.''.
(2) Child abuse and neglect appointments.--Section 16-
2326.01(f), District of Columbia Official Code, is amended--
(A) by striking ``(f)(1)'' and inserting ``(f)'';
(B) by striking paragraph (2); and
(C) by adding at the end the following: ``Each chief judge
may delegate such approval authority to an active or senior
judge in the court in which the chief judge sits.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to any case or proceeding initiated on or after the
date of enactment of this Act.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

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District of Columbia Judicial Financial Transparency Act — HR. 4419

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