Volume 81 · 545
Public Law 90–178
To amend chapter 7 of title 11 of the District of Columbia Code to increase the number of associate judges on the District of Columbia Court of Appeals from two to five, and for other purposes.
Approved December 8, 1967
Statutory text
AN ACT
To amend chapter 7 of title 11 of the District of Columbia Code to increase the number of associate judges on the District of Columbia Court of Appeals from two to five, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
Section 1.
Subchapter I of chapter 7 of title 11 of the District of Columbia Code is amended as follows:
Section 11–702(a) is amended by striking out “two” and inserting in lieu thereof “five”.
Subsection (c) of section 11–703 is amended to read as follows:
“(c) Two judges shall constitute a quorum of a division of the court, and four judges shall constitute a quorum of the court sitting in banc.”
The following new section shall be added at the end:
“§11–705. Assignment of judges; divisions; hearings
“(a) Judges of the court shall sit on the court and its divisions in such order and at such times as the court directs.
“(b) (1) Cases and controversies shall be heard and determined by divisions of the court unless a hearing or rehearing before the court in banc is ordered. Each division of the court shall consist of three judges.
“(2) A hearing before the court in banc may be ordered by a majority of the judges of the court in regular active service. The court in banc for a hearing shall consist of the judges of the court in regular active service.
“(3) A rehearing before the court in banc may be ordered by a majority of the judges of the court in regular active service. The court in banc for a rehearing shall consist of the judges of the court in regular active service, except that a retired judge may sit as a judge of the court in banc in the rehearing of a case or controversy if he sat on the court or a division of the court at the original hearing thereof.”
The table of sections is amended by adding at the end the following new item:
Sec. 2.
The first sentence of section 17–301(b) of the District of Columbia Code is amended by striking out “the chief judge and the associate judges” and
inserting in lieu thereof “three judges”.
The fourth sentence of such section is amended by striking out “all the judges are of the opinion that an” and inserting in lieu thereof “the three judges are of the opinion that the”.
Approved December 8, 1967.