§ 1–608.81. Certificate of Good Standing filing requirement for Executive Branch attorneys.

(a)(1) Except as provided by the rules for temporary waiver of this requirement, each attorney, hearing officer, or administrative law judge who is required to be a member of the District of Columbia Bar as a prerequisite of employment, and who is employed by the Mayor, a subordinate agency under the Mayor, the Office of the Attorney General, the Office of the Chief Financial Officer, or by any independent agency, shall file with the Department of Human Resources a Certificate of Good Standing from the Committee on Admissions of the District of Columbia Court of Appeals by December 15 of each year.

(2) The Director of Human Resources may verify the good standing of attorneys, hearing officers, and administrative law judges subject to this requirement by electronic means with the District of Columbia Bar.

(b) The Director of Human Resources shall publish in the District of Columbia Register, on an annual basis, a list of all attorneys, hearing officers, and administrative law judges who have not met the filing requirements of subsection (a) of this section.

(1) The timing for filing a Certificate of Good Standing pursuant to subsection (a) of this section and associated procedures;

(2) The standards governing when a temporary waiver of the filing requirement established by subsection (a) of this section may be granted by the personnel authority for the agency; and

(3) The procedures by which attorneys, hearing officers, or administrative law judges shall be notified of the filing requirement established by subsection (a) of this section and whether they are in compliance with the requirement.

(d) The rules and regulations promulgated pursuant to subsection (c) of this section shall be submitted to the Council for a 45-day period of review, excluding Saturdays, Sundays, legal holidays, and days of Council recess. If the Council does not approve or disapprove the proposed rules and regulations within the 45-day review period, the rules and regulations shall be deemed approved.

(e) The failure of an attorney, hearing officer, or administrative law judge subject to subsection (a) of this section to comply with its requirements shall result in the forfeiture of employment.

(f) This section shall not apply to an attorney employed by the Council.

(Mar. 3, 1979, D.C. Law 2-139, § 881; as added July 25, 2002, D.C. Law 14-182, § 2(c), 49 DCR 5129; Mar. 13, 2004, D.C. Law 15-105, § 32, 51 DCR 881; Mar. 13, 2015, D.C. Law 20-241, § 2, 62 DCR 1335; Apr. 1, 2017, D.C. Law 21-232, § 2(i), 64 DCR 876.)

Effect of Amendments

D.C. Law 15-105, in subsecs. (d) and (e), validated previously made technical corrections.

The 2015 amendment by D.C. Law 20-241, in (a), substituted “each attorney, hearing officer, or administrative law judge” for “each attorney employed at the level of DS-13 or above,” inserted “employed” preceding “by the Mayor,” and substituted “by December 15 of each year” for “on an annual basis.”

Cross References

Elections, disclosure of interests, see § 1-1106.02.

Lobbying, “official in the executive branch” defined, see 1-1105.01.

Merit system, educational employees, coverage, see § 1-602.03.

Merit system, organization for personnel management, rules and regulations, see § 1-604.04.

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(i) of Council Independent Authority Clarification Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-29, Mar. 27, 2017, 64 DCR 3077).

For temporary (90 days) amendment of this section, see § 2(i) of Council Independent Authority Clarification Emergency Amendment Act of 2016 (D.C. Act 21-551, Dec. 6, 2016, 63 DCR 15022).

For temporary (90 days) amendment of this section, see § 2 of Certificate of Good Standing Filing Requirement Congressional Review Emergency Amendment Act of 2016 (D.C. Act 21-371, Apr. 26, 2016, 63 DCR 6849).

For temporary (90 days) amendment of this section, see § 2 of the District Government Certificate of Good Standing Filing Requirement Emergency Amendment Act of 2014 (D.C. Act 20-480, Nov. 10, 2014, 61 DCR 12131, 20 STAT 4404).

For temporary (90 days) amendment of this section, see § 2 of the Certificate of Good Standing Filing Requirement Emergency Amendment Act of 2016 (D.C. Act 21-289, Jan. 27, 2016, 63 DCR 1202).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2 of the District Government Certificate of Good Standing Filing Requirement Temporary Amendment Act of 2014 (D.C. Law 20-175, March 7, 2015, 61 DCR 12713).

For temporary (225 days) amendment of section, see § 2 of the Certificate of Good Standing Filing Requirement Temporary Amendment Act of 2016 D.C. Law 21-99, April 6, 2016, 63 DCR 2215, 20 DCSTAT 3138).