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District of Columbia Research Guide

INTRODUCTION

This research guide is designed to facilitate research in D.C. law in the modern era. It explains the process of making laws, rules and regulations in the District of Columbia (D.C.). It also identifies and describes major publications of statutory law, administrative law, case law and secondary materials, and explains how to use them. Multiple sources of the same information, print or electronic, and useful contact information are also included. All items are located in the Edward Bennett Williams Law Library unless otherwise indicated.

For a discussion of the history of the D.C. legislative and judicial system before the latest major change in the governing arrangements laid out in the District of Columbia Self-Government and Governmental Reorganization Act ("Home Rule Act"), 87 Stat. 744 (1973) (D.C. Code Ann. §§ 1-201 to 1-207.71), please consult:

• Luis M. Acosta, "The Legal History of the District of Columbia Prior to Home Rule: A Bibliographic Essay," 23(4) Legal Reference Services Quarterly 43 (Williams Reference K12 .E357 & http://www.haworthpress.com/)
• Governance of the Nation's Capital: A Summary History of the Forms and Powers of Local Government For the District of Columbia, 1790 to 1973 (Williams 5th Floor, JK2736 .G68 1990)
• Legal Research in the District of Columbia , Maryland and Virginia, 2nd edition (Williams Reference Desk & 5th Floor KF 240 .C43 2000).

For acts relating to the establishment of the District of Columbia and its various forms of governmental organization, check volumes 1 and 2 of the D.C. Official Code (Williams 3rd Floor East & Reading Room KFD1230 2001 .A2).

Remember that the reference librarians are happy to assist you over the phone (202) 662-9140 or by e-mail.

STATUTORY LAW

I. Legislative Process

The District of Columbia has a single house legislature called the Council. There are 13 council members - a representative from each of the eight wards and four members elected at large, and the Chair. The Council was given power to enact laws, but D.C. legislation and budgets are still subject to Congressional and presidential approval.

Introduction of Bills. A bill is introduced by Council members. The Mayor can request the introduction of a bill and the Chair of the Council may introduce that bill as a courtesy. The Bill is given a bill number such as B15-0606, "Choice in Drug Treatment Advisory Commission Amendment Act of 2004" and assigned to the appropriate committee(s). The bill number tells us that it is the 606th bill introduced in the 15th Council Period (Each Council Period lasts for 2 years, starting January 2nd of an odd-numbered year and lasts through January 1st of the following odd-numbered year).

Committee Stage. The Council Chair assigns the bill to the appropriate committee(s). If the committee(s) take(s) no action after considering the bill, it dies. If a public hearing or roundtable is held, a notice will be published in the D.C. Register for public comment 15 days in advance of a scheduled public hearing. The committee may mark up the bill and vote to recommend that the Council approve or disapprove the bill. The committee may take no action and let the bill die. If the committee reports the bill out, the Council officers review the legislation and report to the Committee of the Whole whether the record is complete and in proper legal or technical order. Council members do not debate the bill at this stage, but can ask for clarification or explanations. The Chairman will place the bill on the legislative meeting agenda with the approval of the Committee of the Whole.

First Reading. At the legislative meeting, Members debate the bill and can offer amendments. If the majority of those present votes no, the bill dies. If the majority votes yes, the bill passes the first reading and is scheduled for a second reading at another legislative meeting. The majority may vote to table the bill or return it to committee for reconsideration.

Second Reading. Council takes a second vote. If the majority votes no, the bill dies. If the majority votes yes, the bill passes.

Mayor. The Mayor has ten days to sign the bill at which point, the bill becomes an act (e.g. A15-390). If the Mayor does not take any action within ten days, the bill becomes an act. The Mayor can veto the bill and return it to the Council. Council, however, may override the Mayor's veto with a two-thirds majority vote within 30 days.

Congress. The Council chair transmits the act to the U.S. Congress to review for 30 legislative days (for criminal acts, Congress has 60 legislative days). If Congress takes no action, the act becomes a law (e.g. L15-155). Congress can pass a joint resolution disapproving the act. The joint resolution has to be approved by the President.

Further Information:

• For a succinct graphic illustration of how a bill becomes a law, consult p.I-61 of Legal Research in the District of Columbia, Maryland and Virginia, 2nd edition (Williams Reference Desk & 5th floor KF240 .C43 2000)
• The District of Columbia Council Web site also provides a comprehensive verbal description of how a bill becomes a law. http://www.dccouncil.washington.dc.us/how.html

II. Session Laws

Permanent Acts. A bill becomes an act after the Mayor signs it. This permanent act is given a number preceded by an "A" (e.g. A15-390). After congressional and presidential approval, it becomes Law and is given a law number with an "L" e.g. L15-155. This Law may amend, repeal, or transfer code sections and will be incorporated in the District of Columbia Official Code.

Emergency Acts. An Emergency Act is adopted by a two-thirds vote of the D.C. Council. It does not go through the Committee stage and does not require a second reading. It is only valid for 90 days. It is not subject to congressional approval or pre-publication in the D.C. Register. Identified with an "E" appearing in the act number (e.g. 15E-1), they are always treated as notes in the D.C. Code.

Temporary Acts. A temporary act can be passed along with the emergency act and it remains valid for no more than 225 days. Identified with a "T" appearing in the act number, e.g., 15T-61, it may be treated as notes to Code sections.

Resolutions. Resolutions are used to express simple determinations or decisions of the Council that are of a temporary or special character. A proposed resolution is treated like a bill, except that only one vote of the Council is required. It does not require the Mayor's signature or Congressional review. They are identified with a "R" or "PR" in the act number, e.g. R 15-4 or PR 15-4 "Budget Director to the council of the District of Columbia Arte Blitzstein Reappointment Resolution of 2003" ("R" stands for Resolution, "PR" stands for Proposed Resolution).

Some acts may amend an agency rule, and these will be incorporated in the D.C. Municipal Regulations (DCMR).

III. Subject Compilations

All the above acts are published chronologically. To facilitate research for current laws, laws are compiled by subject. Like the U.S. Code and state codes, the District of Columbia Code is a subject compilation of enacted legislation, divided into titles, chapters and sections. However, unlike most state codes, the D.C. Code also contains federal statutes which have an impact on the District of Columbia.

There are two D.C. Code publications:

District of Columbia Official Code, published by West Group. The current edition is the 2001 edition. It is an annotated version, with legislative history information, references to related statutes and case annotations. The General index provides subject access to the Code. A separate "Tables" volume provides parallel references to earlier (1981 and 1973) editions, a disposition table, a popular name table, a District of Columbia Register Table, an emergency act table, and a D.C. Laws not codified table. The Code is updated by annual pocket parts (published in June) and black paperback "Interim Update Services." (published in October and February)

LEXIS District of Columbia Code, published by LEXIS Publishing. The current edition is the 2001 edition. It is an unofficial D.C. Code. It is also annotated, with legislative history information, references to related statutes and case annotations. A subject index provides topical access. A "Tables" volume provides a Comparative Sections table, a disposition table, a popular name table, a District of Columbia Register Table, an emergency act table, D.C. Law not codified table, and United States Code Table. The Code is updated by annual pocket parts and "Advance legislation Service" (updated quarterly).

IV. Finding the law that covers your legal issue?

Finding the Sections:

Now that you know how bills are enacted and how laws are published and compiled, the first place to find the law is the D.C. Code. You may be tempted to go straight to LEXIS or Westlaw. LEXIS and the web version are convenient to use if you have the citation. The electronic versions are usually more up-to-date, minimizing the need to update what you have already obtained. If all you have is a legal issue and you want to find which sections of the D.C. Code deal with it, the print version and Westlaw are more user-friendly because of the Index which allows you to look up a legal concept by keyword. The print version also has various finding aids.

Updating your Sections:

If you are using an electronic version of LEXIS or Westlaw, you can KeyCite (on Westlaw) or Shepardize (on LEXIS) your D.C. Code section.

If you are using the print D.C. Code, you will have to check for any laws that have been passed since the last update of the D.C. Code which is usually a few months out of date.

The bound volumes of the D.C. Official Code were published in 2001. These bound volumes are supplemented by pocket parts (which reside in a pocket on the inside of the back book cover) which are in turn supplemented by a black paperback "Cumulative Interim Update Service" (which is shelved at the end of the set). For current legislation passed after the last "Cumulative Interim Update Service" was published, check "Where to find ACTS and LAWS".

The bound volumes of the unofficial LEXIS D.C. Code were published in 2001. These bound volumes are supplemented by pocket parts called "Supplements" (which reside in a pocket on the inside of the back book cover) which are in turn supplemented by pale brown paperback "Advance Legislation Service" (which is shelved at the end of the set). For current legislation passed after the last "Advance Legislation Service" was published, check "Where to find ACTS and LAWS".

Even if you are using an electronic version, you may have to check for any pending legislation that will affect your section. That's when you have to look up bills and bill information.

V. Legislative History

Unlike Federal legislative history documents, D.C. legislative history documents are not widely available.

In any version of the D.C. Code, at the end of each code section, there is a DCR citation for the text of the Act; there is also a legislative history notes section which gives you the Bill, Act, and Law numbers which are useful information for retrieving the full text of the bill and other legislative history documents. The Official Code (and the Westlaw version) also tells you what committee the bill was referred to.

Legislative History Documents:

• Legislative History includes
  
  • The Bill as introduced, the version of the bill adopted by the Standing committee, the version adopted on the First Reading, the version adopted by final vote and the purpose and background of the bill;
    • LEXIS
      • Full text of all bills (all versions) from 2003 - present: States Legal-U.S. > District of Columbia > Statutes & Regulations > DC Full-Text Bills
      • Summary and legislative chronology of all pending legislation in the current and past legislative sessions: States Legal-U.S. > District of Columbia > Statutes & Regulations > DC Bill Tracking Reports
    • Westlaw
      • DC-BILLTXT bills from 2005 - present (introduced, amended, and enacted versions)
      • DC-BILLTRK summaries and status information from 2005
      • DC-LH bill history, committee reports and vote records since 2005
    • D.C. Council Web Site (13th Council Period - present): the full-text of the bill and the vote record, http://www.dccouncil.washington.dc.us/lims/default.asp, OR
    • The Legislative Services Division, 202-724-8050.
      
  • Committee Reports: Committee Reports are not prepared for every piece of legislation.
    • LEXIS, States Legal-U.S. > District of Columbia > Legislation & Politics > DC Legislative Bill History. Documents include: Bill Analyses, Governor's Messages, Committee Reports, Fiscal Messages, Summary Amendments, and other types.
    • Westlaw DC-LH database has Bill Histories, Committee Reports, and Vote Records from the 13th Council (1999-2000)
    • The Legislative Services Division maintains files of committee reports, 202-724-8050.

   

  • Committee and and Public Hearings: The Legislative Services Division maintains tapes of hearings from 1975 to the present. Hearings are not transcribed. To request the tapes, you must submit a memo stating the name of the Committee and the date the hearing was held. You must also provide the appropriate number of 120-minute cassette tapes.
    • Committee and Public Hearing Files: every committee maintains a file on every action item taken by the committee, including the public hearing witness list, public testimony and correspondence received, government testimony, amendments and the committee vote.
    • The Legislative Services Division, 202-724-8050.
      

  • Legislative Meeting transcripts

    • The Legislative Services Division, 202-724-8050.
      

ADMINISTRATIVE LAW

I. Regulations

In 1978, D.C. Law 2-153 mandated the publication and compilation of the District of Columbia Rules and Regulations, to be called D.C. Municipal Regulations (DCMR). Before they are compiled in the DCMR, regulations appear in the weekly update, The D.C. Register. The DCMR is organized by subject and is the official code of current D.C. regulations.

There are three types of rules:

• Mayor's rules - administrative rules issued by the mayor to carry out the duties of the mayor;
• Agency rules - rules adopted by agencies exercising authority delegated to the agency by the Council; and
• Emergency rules - rules adopted without public notice or pre-publication in the DCMR that are allowed in narrow instances. These rules are valid for 120 days.

All rules are published in the weekly D.C. Register (DCR) first and then compiled into the DCMR. The DCR is similar to the Federal Register (FR) in that it publishes rules and regulations in chronological order. DCMR is similar to Code of Federal Regulations (CFR ).

Subject Compilation

District of Columbia Municipal Regulations (DCMR). The subject compilation of current D.C. regulations and rules is called the District of Columbia Municipal Regulations (DCMR). The DCMR, however, does not have an official index. A commercial publication called the DCMR Deskbook provides a subject index and an "Authority Section." Use the D.C. Register to update the information in the DCMR. The D.C. Register contains "List of Sections Amended of D.C. Municipal Regulations" in the first issue of each month. If the List of Sections Amended is not published for the month, check the Final Rulemaking section of the Table of Contents of each weekly edition of the DCR published since the last update of the DCMR.)

Code of D.C. Municipal Regulations (Weil's Code) is an unofficial version of the DCMR. It is more current than the official version and includes a subject index, a regulation number index, and a table of authorities. Use the D.C. Register to update the information in the DCMR. The D.C. Register contains "List of Sections Amended of D.C. Municipal Regulations" in the first issue of each month. If the List of Sections Amended is not published for the month, check the Final Rulemaking section of the Table of Contents of each weekly edition of the DCR published since the last update of the DCMR.)

[Please note: the DCMR on LEXIS and Westlaw are not available to law school accounts. Electronic access is only available via Lexis-Nexis State Capital. See below.]

II. Administrative Orders, Decisions, and Opinions

• Administrative orders, decisions, and opinions can often be obtained by contacting the agency. Agency contact information can be found in
  • Directory of Agencies and Services http://www.dc.gov/agencies/
  • State Yellow Book and Municipal Yellow Book
    
• The D.C. Register publishes orders of a number of administrative agencies.
• LEXIS's "D.C. Agency and Administrative Materials" folder (States Legal-U.S. > District of Columbia > Agency and Administrative Materials) includes
  • DC Office of Adjudication and Hearings Decisions,
  • DC Contract Appeals Board Decisions,
  • DC Employment Services Director's Decisions,
  • DC Office of Employment Services, Hearings & Adjudication Section Decisions,
  • DC Attorney General Opinions,
  • DC Department of Insurance and Securities Regulation,
  • DC Insurance Notices and Bulletins,
  • DC Public Service Commission Decisions,
  • DC Workers' Compensation Decisions and National Reporter on Legal Ethics & Professional Responsibility - DC Opinions.
    
• Westlaw's D.C. Administrative & Executive Materials folder includes
  • DC Office of Adjudication & Hearings (DCOAH) and
  • D.C. Contract Appeals Board Decisions (FGC-DCCAB).
    
• You can also search by keyword on GULLiver to see if we have the information in print.
  
• D.C. Mayor's Agent for Historic Preservation Decisions (1979-present) are available on the Law Library's DC Historic Preservation Law Project Web site which also includes D.C. historic preservation law.

COURTS AND CASES

I. Courts

Local Court System:

The D.C. Home Rule Statute, 87 Stat. 744 (1973) (D.C. Code Ann. §§ 1-201 to 1-207.71) provided for the establishment of the Superior Court of D.C. and the D.C. Court of Appeals. The appointment of judges for these two courts was granted to the President with the advice and consent of the Senate.

D.C. Court of Appeals

The D.C. Court of Appeals is the court of last resort for the District of Columbia. It was known as the Municipal Court of Appeals from 1942 to 1962 when it was renamed "District of Columbia Court of Appeals." It is authorized to review all final orders, judgments and specified interlocutory orders of the Superior Court of the District of Columbia. It also has jurisdiction to review decisions of administrative agencies, boards, and commissions of the District government. It is authorized by Congress to review proposed rules of the trial court and promulgates its own rules. For more information about the D.C. Court of Appeals, http://www.dcappeals.gov/dccourts/appeals/index.jsp.

Superior Court of the District of Columbia

The Superior Court handles all local trial matters, including civil, criminal, family court, probate, tax, landlord-tenant, small claims, and traffic. For more information about the different divisions of the Court, consult the Superior Court of D.C. web site at http://www.dccourts.gov/dccourts/superior/index.jsp.

Federal Court System:

United States Court of Appeals, District of Columbia Circuit

United States District Court, District of Columbia (trial court of DC at the Federal level)   

There are several Directories with District of Columbia Court system information. 

• Judicial Staff Directory (Georgetown only)
  It provides contact and biographical information of judges of the D.C. Court of Appeals and D.C. Superior Court.
• Judicial Yellow Book: Who's Who in Federal and State Courts
  Williams Reference Desk & 5th Floor JK2679 .J8 (updated semiannual)
  It provides contact and biographical information of the D.C. Court of Appeals judges, but not D.C. Superior Court judges.
• BNA's Directory of State and Federal Courts, Judges, and Clerks: a State-by-state and Federal Listing Williams Reference Desk KF8700 .A19 K56 (updated annually)
  It provides a D.C. Court structure chart as well as contact information of all D.C. judges and judiciary staff.
• Want's Federal-State Court Directory Williams Reference Desk & 5th Floor KF8700 .A19 W3 (updated annually)
  It provides a D.C. Court structure chart. It also provides contact information of the Court of Appeals, Superior Court, Office of Corporation Council and Mayor's Office. Contact information of the Chief Judge of the Court of Appeals is provided along with the names of the associate judges.

II. Court Opinions

Local Court Opinions:
Not all opinions of D.C. Court of Appeals are published. Signed opinions and per curiam opinions are published. Memorandum Opinions and Judgments (MOJs) are not published. Superior Court proceedings can be requested from the Court Reporting Administration Branch for a fee.

Federal Court Opinions:

Finding Aids:

• District of Columbia Digest, Williams 3rd Floor East & Reading Room KFD1257 .D5
• Atlantic Digest 2d, Williams 4th Floor KF135 .A72 W4

[Note: Digests are also available in Westlaw: DC Custom Digest and Custom Digest of all reported cases.]

III. Court Rules

Useful Guides:

• Trial Handbook for District of Columbia Lawyers / Jacob A. Stein (Williams 3rd Floor East & Reading Room KFD1738 .S74 1994 and Westlaw DCPRAC-TRH database)
• The Law of Evidence in the District of Columbia (4th ed) / Steffen W. Graae and Brian T. Fitzpatrick (Williams Reading Room KFD1740 .G71 2003 looseleaf) and Lexis, States Legal-U.S. > District of Columbia > Treatises & Analytical Materials > The Law of Evidence in the District of Columbia
• Standardized Civil Jury Instructions for the District of Columbia (Williams Reading Room KFD1742.6 .A65 B37 2002 (looseleaf) and Lexis, States Legal-U.S. > District of Columbia > Jury Instructions & Verdicts > Standardized Civil Jury Instructions for the District of Columbia)

PRACTICE MANUALS

• The District of Columbia Practice Manual (annual) (District of Columbia Bar) (Williams Reading Room & 3rd Floor East KFD1280 .D57
• Trial Handbook for District of Columbia Lawyers / by Jacob A. Stein
  (Westlaw DCPRAC-TRH database & Williams Reading Room & 3rd Floor East KFD1738 .S74 1994, looseleaf)
• The Law of Evidence in the District of Columbia: a Practitioner's Guide (4th ed) / Steffen W. Graae and Brian T. Fitzpatrick (Williams Reading Room KFD1740 .G71 2003 looseleaf) and Lexis, States Legal-U.S. > District of Columbia > Treatises & Analytical Materials > The Law of Evidence in the District of Columbia
• Standardized Civil Jury Instruction for the District of Columbia / ed. Richard W. Stevens
  (Williams Reading Room KFD1742.6 .A65 B37 2002 (looseleaf) and Lexis, States Legal-U.S. > District of Columbia > Jury Instructions & Verdicts > Standardized Civil Jury Instructions for the District of Columbia)

LAW REVIEWS, BAR JOURNALS, LOCAL NEWSPAPERS

• University of the District of Columbia Law Review, Williams 1st Floor K25 .N736 and HeinOnline
• George Washington Law Review, Williams 1st Floor K7 .E4 and HeinOnline (vol. 1, 1932-present). Since 1995 (vol. 64), George Washington Law Review has published annual topical surveys of recent decisions of the United States Court of Appeals for the District of Columbia Circuit.
• The Daily Washington Law Reporter KFD1247.D3 Recent issues in Williams Reading Room, older issues on 3rd Floor East.
• Legal Times, Internet: http://www.law.com/jsp/dc/index.jsp
  • Current and Recent issues at Williams Circulation Desk & Loewinger Lounge K12 .E839
  • Older issues in microform
  • Westlaw (LEGALTIMES) (November 1994-present)
  • LEXIS (Legal News > Legal News - Other > Legal Times), excluding the "Case Digest U.S. Court of Appeals for the D.C. Circuit" (January 4, 1982-present)
• Washington Lawyer (1986-present), Internet: http://www.dcbar.org/for_lawyers/resources/publications/washington_lawyer/index.cfm
  • Williams 1st Floor K25. A808
  • Current issues at Circulation Desk.

OTHER USEFUL RESOURCES

• District of Columbia Code Encyclopedia (Williams 3rd Floor East KFD1230.3 1966 .A4) (discontinued in 1980)
  Legal encyclopedia useful for researching historical statutory and case law of the District of Columbia.
• For D.C. Ethics Resources, check our D.C. Ethics Resources
• City's Official Web site http://www.dc.gov/
• Council of the District of Columbia http://www.dccouncil.washington.dc.us/
• Greater Washington Research Program (Brookings)
  http://www.brookings.edu/es/urban/gwrp/washington.htm
  The Program was set up to "inform the public about Washington metropolitan area trends, examine the interwoven concerns of residents and jurisdictions, and generate innovative policy ideas for the long-term vitality of the Greater Washington area." Reports by the Program are available in full text.
• D.C. Historic Preservation Law Project http://www.ll.georgetown.edu/histpres/index.cfm
  It is a Georgetown Law Library project providing full-text access to the D.C. Mayor's Agent for Historic Preservation Decisions and D.C. historic preservation law.
• DC Watch http://www.dcwatch.com is an online magazine covering DC politics and policies.
• The Washington Post
  • http://www.washingtonpost.com
• Westlaw (WP) (1984-present)
• LEXIS (Legal > States Legal - U.S. > District of Columbia > General News & Information > The Washington Post) (January 1, 1977-present)
• The Washington Times
  • http://www.washtimes.com/
  • Westlaw (WATIMES) (June 1990-present)
  • LEXIS (Legal > States Legal - U.S. > District of Columbia > General News & Information > Washington Times) (July 4, 1989-present)
    
• The Washington City Paper Politics Section http://www.washingtoncitypaper.com
• Home Rule Bibliography http://www.h-net.org/~dclist/homerule.html
• Legal Research in the District of Columbia , Maryland and Virginia, 2nd edition (Williams Reference Desk & 5th Floor KF 240 .C43 2000)
• Legal Research Guide for the District of Columbia (Jacob Burns Law Library, George Washington University Law School) http://www.law.gwu.edu/burns/guides/dc.pdf
• "Finding the Law in the District of Columbia," The District of Columbia Practice Manual, vol. 1, Chapter 1 (Williams Reference Desk, Reading Room & 3rd Floor East KFD1280 .D57 2003)
• Bibliography: Essential books, General Accounting Office Reports, reference articles, studies, magazines and newspaper articles and reports about politics, history, and local government. http://www.dcwatch.com/biblio.htm

Revised 4/2007 (BRM)

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