District of Columbia Independent Counsel Act

Summary

District of Columbia Independent Counsel Act - Directs the Corporation Counsel of the District of Columbia to conduct an investigation upon receipt of information that there has been a violation (excluding petty offenses) of District of Columbia or United States law arising from the conduct of the affairs of the District of Columbia government. Requires the Corporation Counsel to conduct a preliminary investigation for a period not to exceed 90 days. Requires the Corporation Counsel to notify the Superior Court of the District of Columbia (Superior Court) if no further investigation or prosecution is warranted. Requires the appointment of an independent counsel by the Superior Court if the Corporation Counsel determines that an investigation or prosecution is warranted or if 90 days elapse without a determination by the Counsel. Directs the Superior Court to appoint an independent counsel and to define that independent counsel's prosecutorial jurisdiction. Grants the Superior Court, upon the request of the Corporation Counsel, the authority to expand the prosecutorial jurisdiction of an existing independent counsel. Prohibits the appointment of a person as an independent counsel who has held any office of profit or trust under the District of Columbia government. Gives the Superior Court the authority to appoint an independent counsel to fill a vacancy resulting from death or resignation. Permits the Superior Court to award attorney's fees incurred by an individual subject to an investigation by an independent counsel if no indictment is brought against such individual, and the attorney's fees would not have been incurred but for the appointment of an independent counsel. Sets forth the various authorities and duties of an independent counsel appointed by the Superior Court. Requires the independent counsel to make periodic reports to the District of Columbia Council and appropriate committees of the Congress concerning its activities. Requires a report to the Superior Court before the termination of the independent counsel's office. Grants the District of Columbia Council oversight jurisdiction with respect to the official conduct of any independent counsel. Permits the District of Columbia Council to request the Corporation Counsel to apply for the appointment of an independent counsel by action of two-thirds majority of the Council. Sets forth procedures for the removal of an independent counsel and for the termination of the office of independent counsel. Provides that where a matter is in the prosecutorial jurisdiction of an independent counsel or has been accepted by an independent counsel, the Office of the United States Attorney for the District of Columbia and Office of the Corporation Counsel shall suspend all investigations and proceedings regarding the matter. Authorizes appropriations.

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1 official file

• Introduced in House

  summary · EN · 28 March 1984

  Open at official source

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