INTRODUCTION

This research guide is designed to facilitate research in District of Columbia law in the modern era. It explains the process of making laws, rules, and regulations in 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. 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"), Pub. L. No. 93-198, 87 Stat. 744 (1973) (D.C. Code §§ 1-201.01 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 Q. 43 (2004) (available in print (K12 .E357 and electronically)
  
  
• Joan Talbert Thornell, 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 (JK2736 .G68 1990)
  
  
• District of Columbia Resources at the Burns Law Library (George Washington University)
  
  
• Leah F. Chanin, Pamela J. Gregory & Sarah K. Wiant, Legal Research in the District of Columbia, Maryland and Virginia (2d ed. 2000) (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 (KFD1230 2001 .A2).

Members of the Georgetown University community may seek additional assistance at the reference desk or online.

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 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 page I-61 of Legal Research in the District of Columbia, Maryland and Virginia (2d ed. 2000) (KF240 .C43 2000).
• The District of Columbia Council also provides a comprehensive verbal description of how a bill becomes a law.

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). "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).

Where to find ACTS and LAWS?

• Council of the District of Columbia Legislative Information Management System (LIMS) (8th Council Period - present)
  It is a searchable and browsable database of full-text bills, proposed and adopted resolutions, and acts. It also gives status information. Laws can be searched by keyword, and browsed by number, by Council Member, or by Committee.

• District of Columbia Session Law Service (Thomson/West)
  Includes laws and emergency acts. It is available:
  • Print: KFD1230 2001 .A23 (2002 - )
  • Electronic:
    • Westlaw: DC-LEGIS (current Council)
    • Westlaw: DC-LEGIS-OLD (1990 - 2008)
      
      
• District of Columbia Code: Advance Legislative Service (LexisNexis)
  It includes laws and emergency acts. It is available:
  • Print: KFD1231.A24 (1999 - )
  • LexisNexis: DC - District of Columbia Advance Legislative Service (1990 - )
    
    
• District of Columbia Statutes-at-Large KFD1225.D4 (1976-1986, ceased publication)
  Contains the text of D.C. laws, resolutions and Mayor's Orders
  
  
• Legislative Services Division
  The Legislative Services Division (202-724-8050) also makes laws and acts available.

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 Thomson West. 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, Annotated, published by LexisNexis. 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 have access to 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) and, in some instances, supplementary pamphlets, which are in turn supplemented by the "Session Law Service" (which is shelved at the end of the set).

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 Legislative Service" (which is shelved at the end of the set).

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. Additionally, Keycite and Shepard's now indicate whether a particular Code section may be affected by pending legislation.

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 citation to the District of Columbia Register 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 for retrieving the full text of the bill and other legislative history documents. The Official Code (and the Westlaw version) also tells you the committee to which the bill was referred.

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.
    • See "Where to Find Bills and Bill Information?".
      
      
  • Committee Reports: Committee Reports are not prepared for every piece of legislation.
    • Westlaw: DC-LH (Bill histories, committee reports, and vote records from 1999 to present)
    • D.C Council, Legislative Information Management System (LIMS) (1989 -)
    • The Legislative Services Division maintains files of committee reports, 202-724-8050.
  • Committee and and Public Hearings:
    • On Demand Video (OCT TV 13): Videos of meetings and hearings from April 2003 to present.
    • Legislative Services Division
      • 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 D.C. Register (DCR). 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 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 includes a subject index, a regulation number index, and a table of authorities. Use the D.C. Register to update the information in Weil's Code. 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.

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
  • State Yellow Book and Municipal Yellow Book
    
• The D.C. Register publishes orders of a number of administrative agencies.
• Lexis: The D.C. Administrative Materials category includes
  • District of Columbia Office of Administrative Hearings Decisions (2000 - )
  • District of Columbia Office of Police Complaints (April 2003 - )
  • District of Columbia Contract Appeals Board Decisions (September 30, 1988 - )
  • DC Off. of Emp. Serv. Director's Decisions/Compensation Review Board (1996 - )
  • District of Columbia, Office of Employment Services, Hearings & Adjudication Section (July 11, 1982 - )
  • DC Attorney General Opinions (April 1976-August 1999, no longer updated)
  • DC Department of Insurance and Securities Regulation (no longer updated)
  • DC Public Service Commission Decisions (September 30, 1999 - )
  • DC Environmental Decisions (May 26, 2000 - )
  • DC - District of Columbia Insurance Notices and Bulletins (December 24, 1990 - )
  • D.C. Rental Housing Commission Decisions (January 1985 - )
  • DC Worker's Compensation Decisions (1982 - )
  • National Reporter on Legal Ethics & Prof. Responsibility - DC Opinions (Selected opinions from 1990 - 2007, no longer updated)
    
• Westlaw's D.C. Administrative & Executive Materials folder includes
  • District of Columbia Office of Administrative Hearings (2000 - )
  • District of Columbia Insurance Bulletins (1989 - )
  • District of Columbia Police Complaints Administrative Decisions (April 2003 - )
  • District of Columbia Public Employee Relations Board Decisions and Attorney General Opinions (dates vary by source)
  • Federal Government Contracts - District of Columbia Contract Appeals Board Decisions (1988 - )
  • District of Columbia Public Utilities Reports (dates vary by source)
  • District of Columbia Environmental Records (current)
  • State Finance Commission Decisions - District of Columbia (June 2003 - )
    
• You can also search by keyword in GULLiver to see if the information is available in print.
  
• D.C. Mayor's Agent for Historic Preservation Decisions (1978-present) are available on the law library's website which also includes D.C. historic preservation law.

COURTS AND CASES

I. Courts

Local Court System:

The D.C. Home Rule Act, Pub. L. No. 93-198, 87 Stat. 744 (1973) (D.C. Code Ann. §§ 1-201.01 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.

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.

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:

• Leadership Library
  It provides contact and biographical information of the D.C. Court of Appeals judges, but not D.C. Superior Court judges.
• • Print version: Judicial Yellow Book: Who's Who in Federal and State Courts (JK2679 .J8 (1995-2008, print subscription now cancelled))
    
• Federal-State Court Directory KF8700.A19 W3 (2007 - )
  (formerly titled Want's Federal-State Court Directory (KF8700 .A19 W3 (1984-2006))
  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.
  
  
• Directory of State Court Clerks and County Courthouses (KF8700 .A19 D574) (1994-2008, 2010, print subscription cancelled )
  Companion publication to Federal-State Court Directory.
  
  
• Judicial Staff Directory KF8700.A19 J83 (1987-1999, 2001-2002, 2005, 2007-2008)
  It provides contact and biographical information of judges of the D.C. Court of Appeals and D.C. Superior Court.
  
  
• BNA's Directory of State and Federal Courts, Judges, and Clerks: a State-by-state and Federal Listing KF8700 .A19 K56 (1995-2012) (cancelled 2012)
  It provides a D.C. Court structure chart as well as contact information of all D.C. judges and judiciary staff.

II. Court Opinions

Local Court Opinions:
Not all opinions of the 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 Division for a fee.

Federal Court Opinions:

Finding Aids:

• District of Columbia Digest KFD1257 .D5
• Atlantic Digest 2d KF135 .A72 W4 (print subscription cancelled in 2004)

[Digests are also available in Westlaw.]

III. Court Rules

PRACTICE MANUALS

• The District of Columbia Practice Manual KFD1280 .D57 (annual) (District of Columbia Bar)
  
• Trial Handbook for District of Columbia Lawyers
• • Print: KFD1738 .S74
  • Westlaw: DCPRAC-TRH
• The Law of Evidence in the District of Columbia (5th ed. 2011)
• • Print: KFD1740 .G71
  • Lexis: The Law of Evidence in the District of Columbia
• Standardized Civil Jury Instructions for the District of Columbia
  • Print: KFD1742.6 .A65 B37 2002
  • Lexis: Standardized Civil Jury Instructions for the District of Columbia
• Criminal Jury Instructions for the District of Columbia
  • Print: KFD1783.A65 B3
  • Lexis: Criminal Jury Instructions for the District of Columbia

LAW REVIEWS, BAR JOURNALS, LOCAL NEWSPAPERS

• University of the District of Columbia Law Review
  • Print: K4 .D5 (1992-2010, subscription cancelled)
  • Electronic:
    • HeinOnline (1992-present)
    • Westlaw: UDCLR (1995 - )
    • Lexis: University of District of Columbia Law Review (2003 - )
      
• George Washington Law Review
  
  • Print: K7 .E4 (1932 -2010, subscription cancelled)
  • Electronic:
    • HeinOnline (1932 - )
    • Westlaw: GWLR (Full coverage, 1984 to present; select coverage, 1981-1983)
    • Lexis: George Washington Law Review (1982 - )
      
• The Daily Washington Law Reporter KFD1247.D3 (1875 - )
  Recent issues of the Daily Washington Law Reporter are also available electronically.
  
• Legal Times
  • Print:
    • Current Issues:
      • Since May 2009, the Legal Times is published as a pull-out section in the National Law Journal.
      • Print: National Law Journal (previous 3 months only)
    • Older Issues
      • Microform (1982 - )
  • Electronic:
    • LexisNexis: National Law Journal
    • Legal Times Online
• Washington Lawyer (previously titled The District Lawyer)
  • Print:
    • K25. A808 (1986 - 2009, subscription cancelled)
• • Electronic:
    • HeinOnline (1986 - )
    • DC Bar (2000 - )
  • Microfiche:
    • K27 .A808 Micro (1986 - )
• The District Lawyer (superseded by Washington Lawyer)
  • Print:
    • K4 .I48 (1976 - 1986)
  • Electronic:
    • HeinOnline (1976-1986)
  • Microfiche:
    • K4 .I48 Micro

OTHER USEFUL RESOURCES

• District of Columbia Code Encyclopedia ( KFD1230.3 1966 .A4) (discontinued in 1980)
  Legal encyclopedia useful for researching historical statutory and case law of the District of Columbia.
• City's Official Website
• Council of the District of Columbia
• Greater Washington Research Program (Brookings)
  The Program seeks to "improve public policy in the region by identifying policy issues, presenting data and analysis of policy options, and convening leaders for focused dialogue." Many reports by the Program are available in full text.
• D.C. Historic Preservation Law Project
  Georgetown Law Library project providing full-text access to the D.C. Mayor's Agent for Historic Preservation Decisions and a guide to D.C. historic preservation law.
• DC Watch is an online magazine covering DC politics and policies; includes a useful bibliography.
• District of Columbia Crime Policy Institute
  Established at the Urban Institute in 2009, the DCPI is a " nonpartisan, public policy research organization focused on crime and justice policy in Washington."
• The Washington Post
  • Print: Current issues
  • Microfilm: NEWSPAPER Micro (microfilm) (1877-2007)
  • Electronic:
    • Various databases (1887 - )
    • ProQuest Digital Microfilm (2008 - )
    • Internet: The Washington Post
• The Washington Times
  • Print: Current issues
  • Electronic: Various databases (1989 - )
  • Internet: The Washington Times
    
• The Washington City Paper
• Home Rule Bibliography (from the Washington, D.C. History Network on H-Net)
• Legal Research in the District of Columbia , Maryland and Virginia (2nd ed. 2000) KF 240 .C43 2000
• "Finding the Law in the District of Columbia," The District of Columbia Practice Manual 1-1 KFD1280 .D57
• District of Columbia Bar Association
• • D.C. Rules of Professional Conduct
• Ethics Opinions
  • Print:
    • D.C. Rules of Professional Conduct (KFD1276.5.A2 A3 2007) (Opinion 210 - )
    • Code of Professional Responsibility and Opinions of the D.C. Bar Legal Ethics Committee (KFD1276.5.A2 A3 1991) (Opinion 1 to Opinion 215)
  • Electronic:
    • Ethics Opinions (from the DC Bar)
      Opinion 210 (1990) to present, some select opinions prior to Opinion 210
    • LexisNexis: National Reporter on Legal Ethics and Professional Responsibility - DC Opinions (selected opinions from 1990-September 2007, no longer updated
• Findlaw: District of Columbia
• Legal Information Institute: District of Columbia Legal Materials
• Library of Congress Guide to Law Online: District of Columbia
• Tax Forms (from the D.C. Office of Tax and Revenue)
• Court and Judicial Statistics
  • DC Courts Reports and Documents (Annual Report (2003 - ); Family Court, Annual Report to Congress (2002 - )
• Legal Blogs
  • ABA Journal Blawg Directory
  • Justia Blawg Directory