Layout 1

to the

Courts in the

District of Columbia

Council for Court Excellence

’

Generous support for the Journalists’ Handbook to the Courts in

the District of Columbia was provided by:

The State Justice Institute

The Philip L. Graham Fund

Davis Wright Tremaine LLP

Proskauer Rose LLP

Williams & Connolly LLP

Troutman Sanders LLP

Ross, Dixon & Bell LLP

We are grateful to Leah Gurowitz, who suggested the idea for

this Handbook.

Thank you to former Council for Court Excellence interns Lind-

sey Dempsey, Ryan Taylor, and Sierra Neudecker for their con-

tributions and research assistance. Thanks to Amanda Paloian

for fact-checking the Handbook.

Points of view expressed in the Handbook are those of the au-

thors and do not necessarily represent the official position or

policies of the State Justice Institute or the other supporters of

the Handbook.

About the Council for Court Excellence

Formed in Washington, DC in January 1982, The Council for

Court Excellence is a nonprofit, nonpartisan civic organization.

The Council works to improve the administration of justice in

the local and federal courts and related agencies in the Wash-

ington metropolitan area and in the nation. The Council accom-

plishes this goal by:

• Identifying and promoting justice system reform,

• Improving public access to justice, and

• Increasing public understanding and support of our justice

system.

The Council is governed by a volunteer Board of Directors com-

posed of members of the legal, business, civic, and judicial com-

munities. The Council is unique in bringing together all of those

communities in common purpose to address justice system

reform and access to justice needs. The Board accomplishes

the work of the Council through direct participation in Council

committees. The Council employs a small staff to assist the

Board in meeting the objectives of the organization. Financial

support comes from the members of the Board, businesses, law

firms, individuals, foundations, and occasionally government.

Council for Court Excellence

1111 14th Street, NW, Suite 500

Washington, DC 20005

Phone: 202.785.5917

www.courtexcellence.org

Leah H. Gurowitz

Director of Legislative, Intergovernmental and Public Affairs

District of Columbia Courts

Ronald C. Jessamy*

Law Office of Ronald C. Jessamy, PLLC

Lee Levine*

Levine Sullivan Koch & Schulz, LLP

The Honorable Lee F. Satterfield

Chief Judge

Superior Court of the District of Columbia

Sheldon L. Snook

Administrative Assistant to the Chief Judge

United States District Court for the District of Columbia

Arabella Teal*

Kurt Wimmer*

Covington & Burling

Editors:

Andrew J. Glass*, Contributing Editor, Politico

Jack Murphy, Executive Director, MDDC Press Association

Project staff:

June B. Kress, Executive Director

Peter M. Willner, Senior Policy Analyst

*Member, Council for Court Excellence Board of Directors

iii

The Journalists’ Handbook to the Courts in the District of Colum-

bia Project was undertaken by the Council for Court Excellence

and led by a distinguished group of journalists, judges, court

public information officers, and media attorneys. They are:

Laura R. Handman, Co-chair*

Davis Wright Tremaine LLP

Eric N. Lieberman, Co-chair*

Vice President and Counsel

The Washington Post

Lanny A. Breuer, Co-chair

Covington & Burling

October 2007 – December 2008

Barry Coburn

Coburn & Coffman PLLC

Lucy Dalglish

Executive Director

Reporters Committee for Freedom of the Press

Jerald N. Fritz

Senior Vice President, Legal and

Strategic Affairs and General Counsel

Allbritton Communications Company

JOURNALISTS’ GUIDE TO THE COURTS

IN THE DISTRICT OF COLUMBIA

Table of Contents

Introduction from the Co-chairs.............................................3

Message from the Chief Judges of the

U.S. District Court and the D.C. Superior Court...................5

Message from the Maryland-Delaware-

District of Columbia Press Association.................................7

Covering the Courts in the District of Columbia .................8

Overview..................................................................................................9

Observing Court Proceedings............................................................11

High-profile proceedings..........................................................12

Q & A............................................................................................13

Access to Court Records....................................................................16

Clerk’s offices contact information........................................17

Electronic access to court records ........................................19

Q & A............................................................................................20

Technology in the Courthouse and Courtroom ..............................27

Q & A............................................................................................28

Trial Jury Information.........................................................................29

Observing jury selection (voir dire)........................................29

Accessing juror names .............................................................30

Restrictions on juror interviews..............................................30

Q & A............................................................................................31

Grand Jury Information......................................................................33

Access to proceedings and records.......................................33

Testimony....................................................................................34

Q & A............................................................................................35

Gag orders............................................................................................35

Q & A............................................................................................35

1iv

Introduction from

the Co-chairs

The American public relies on the media, in all its forms, for ed-

ucation about important developments in the law and the courts.

Journalists, regardless of their subject-matter expertise, report

on and editorialize daily about legal and court matters – criminal

and civil trials and investigations of high-profile interest or no-

toriety, commercial litigation, contract and labor disputes, di-

vorces, probate matters, and constitutional matters - in the print

media, television, radio and the internet.

Reporting on the local and federal courts in the District of Co-

lumbia presents a unique challenge to journalists. The District’s

local justice system is unlike any other jurisdiction in the coun-

try. For example, judges in the District of Columbia Courts, who

have equivalent authority to other state-level judges, are nom-

inated by the President of the United States and confirmed by

the U.S. Senate. On the federal level, the District of Columbia is

home to the U.S. Supreme Court, the Foreign Intelligence Sur-

veillance Court, and other specialized federal courts. As with all

court systems, there are varying (and evolving) rules and prac-

tices governing access to courtroom proceedings and docu-

ments.

The Council for Court Excellence’s Journalists’ Handbook to the

Courts in the District of Columbia is designed to assist journalists

in reporting knowledgably and accurately about the local and

federal courts in the District of Columbia. The Handbook has

Interviews with Judges......................................................................36

Q & A............................................................................................37

Alternative Dispute Resolution..........................................................38

Foreign Intelligence Surveillance Court ..........................................39

Decorum in the Courtroom................................................................39

Cell phones.................................................................................39

Laptop computers .....................................................................40

Eating...........................................................................................40

Q & A............................................................................................41

Structure of the D.C. Courts..................................................42

What types of cases are filed in the local D.C. Courts?.....43

How are D.C. trial and appellate judges appointed?...........47

Who prosecutes local District of Columbia

criminal cases?..........................................................................48

Who represents persons accused of crime in

local D.C. cases?........................................................................48

Structure of the Federal Courts ...........................................50

What types of cases are filed in the federal Courts?.........51

Who prosecutes federal criminal cases in D.C.?.................53

Who represents persons accused of crime in

federal D.C. cases? ...................................................................53

How does the U.S. Attorney’s Office decide whether to

prosecute a case in District Court or Superior Court? .......54

Tips for Reporting on the Courts..........................................56

D.C. Superior Court, D.C. Court of Appeals

and D.C. Courts System............................................................58

Federal Courts in the District of Columbia............................62

Contact Information at the Courts.......................................64

Glossary.....................................................................................68

Index to Q & A Topics.............................................................87

Message from

the Chief Judges

We are very pleased to see an idea become a project and now

a reality with the publication of the Journalists’ Handbook to the

Courts in the District of Columbia. As judges and now chief

judges, we have read, listened to and watched news stories that

are accurate and serve to inform and educate the public about

the judicial branch of government. This coverage is ultimately

good for the courts and good for our country as we work to-

wards our shared goal of a judicial branch that provides equal

justice under the law and a government that lives up to our con-

stitutional mandates.

This Handbook is designed to help you report on the courts in

an accurate and informative fashion. We realize that not all ar-

ticles will be positive; bad things do happen. But we are com-

mitted to working with media to see that news reports on court

cases, court programs and services, and the judges themselves,

are as informed and accurate as possible. We hope that this

guide will help you to understand how courts function, what con-

straints judges operate under, and what the applicable laws are.

We want to express our appreciation to the Council for Court

Excellence, for providing the initiative (both intellectual and fi-

nancial) to move this project forward, and to the Committee

members, who demonstrated a commitment to public service

and a profound understanding of the courts that is a credit to

them and their agencies and law firms.

been organized and written for journalists who possess a basic

understanding of court process and terminology, though a glos-

sary of terms is provided beginning at page 68 of the Handbook.

A more detailed description of local and federal court processes

can be found in the Community Guide to the Courts, published

by the Council for Court Excellence and available for free on the

internet at http://www.courtexcellence.org/PublicationsNew/

community_ed_booklets/CommunityGuideFINAL.pdf or by calling

the Council’s offices at 202-785-5917.

This guide is not intended to constitute legal advice. If

issues requiring legal assistance or advice arise, please contact

your editors, producers, or counsel. This is particularly important

when reporting on matters that are sensitive, confidential, clas-

sified, sealed or otherwise not public information, such as grand

jury or juvenile proceedings. This guide refers frequently to legal

papers that can be filed – e.g., motions to intervene seeking to

open closed court proceedings, motions to unseal sealed court

papers, motions to challenge gag orders. Such legal actions are

best considered and prepared with the assistance of counsel.

Laura R. Handman Eric N. Lieberman

Co-chair Co-chair

Davis Wright Tremaine LLP The Washington Post

Message from the

Maryland- Delaware-

District of Columbia

Press Association

Even the best journalist can easily become lost in the thicket

of unfamiliar terms, strangely named offices, and complicated

procedures that is a court system. Easily lost, that is, unless he

or she has a good guidebook.

With the publication of this Handbook, the Council for Court

Excellence has tried to provide just such a guide to reporters

following stories into the District’s complex court system. The

Council is to be applauded for producing a guide which is clear,

concise and remarkably free of jargon. It is complete and au-

thoritative, a very useful tool for the reporter striving to produce

accurate, balanced and fair journalism.

Understanding the court system is essential if a reporter expects

to produce accurate articles, and accuracy has never been more

important. Explaining and reporting on the legal system is a vital

part of fulfilling the news media’s role of explaining democracy

to citizens. Confusion and errors undermine the role.

The Council has done a great service to the news media – and

to society – in producing this important document.

Jack Murphy

Executive Director

And lastly, we want to thank you for taking the time to read

through this Handbook and improve your understanding of

courts. We pledge in return to take the time to talk with you

when you have questions that need answering or issues that

need clarifying.

Royce C. Lamberth Lee F. Satterfield

Chief Judge Chief Judge

U.S. District Court Superior Court of the

for the District of Columbia District of Columbia

SECTION ONE

Covering the Courts in

the District of Columbia

Over v iew

Journalists who cover courts in the District of Columbia serve as

the eyes and ears of the public. What happens in these courts is

the public’s business. In criminal cases, liberty interests are at stake;

and in civil and bankruptcy cases, property rights are at issue. The

public also has an interest in knowing about the performance of the

court systems and other government agencies as a whole.

The vast majority of courtroom proceedings and court docu-

ments are open to the press and public. On a daily basis, jour-

nalists observe court proceedings and review court records to

help keep our society current and informed on newsworthy

events concerning particular business before the courts (e.g.,

a high-profile criminal trial, a high stakes civil case, or a case

involving the performance of a government agency). Journalists

can also use information available at the courthouse to find and

check important historical information about people who are

involved in newsworthy events, such as criminal suspects,

political candidates, nominees, and appointees as well as indi-

viduals involved in tragic episodes such as accidents.

Covering the Courts 9

Obse rvin g Cou r t Pr o ceed i ngs

You can walk in and listen to virtually any court proceeding. You

are under no obligation to explain to anyone why you are present

in a particular courtroom or taking notes. In order to find out

what proceedings are scheduled, you should check the court

dockets on a regular basis. The dockets are maintained by the

Clerk’s Office and can be accessed via public access computers

in the courthouse and in many cases online. All cases are as-

signed case numbers; you should keep handy the numbers of

the cases you are following. For any case developments not re-

flected in the docket, please contact the Clerk’s Office of the

court you are covering.

In a limited class of cases, the law provides a presumption that

the courtroom is closed and the proceedings confidential. In

those situations, you must apply to the court to gain access. In

the D.C. Superior Court, by law the following proceedings are

closed to the general public: juvenile, child abuse and neglect,

paternity cases and grand jury proceedings. In the U.S. District

Court for the District of Columbia, grand jury matters and pro-

ceedings before the Foreign Intelligence Surveillance Court are

statutorily closed.

Covering the Courts 11

Reporters can also use access to courts to prepare in-depth

stories that shed light on the functioning of the courts them-

selves, and on other larger public issues. Broad access to pro-

ceedings and the availability of court records enables reporters

to expand understanding about news events, identify demo-

graphic and sociological events and trends, and to monitor the

workings of courts and other government agencies. Often these

stories look at issues of public safety, and at the effectiveness

and fairness of the criminal justice system — subjects of obvious

importance to the public.

The Handbook is designed to assist you in covering the courts

accurately, fairly, comprehensively, and with respect for the

processes and the participants. The Handbook assumes you have

a basic understanding of the U.S. and D.C. court systems. If not,

please see the Community Guide to the Courts, published by the

Council for Court Excellence, for a more detailed description of

the court system and legal process. The Community Guide may

be found at http://www.courtexcellence.org/PublicationsNew/

community_ed_booklets/CommunityGuideFINAL.pdf.

Following each section in this chapter are some commonly

asked questions by journalists. When the policies and practices

of the two local trial courts (federal District Court, D.C. Superior

Court) differ, the answer will indicate that. When the answer is

generally applicable to both courts, no distinction will be made.

10 Covering the Courts

The Handbook is accurate as of September 2009.

Keep in mind that court rules and procedures are

subject to change.

Regularly check the court docket for case updates.

For District Court, use a PACER account. For Superior

Court, you can obtain case information using the Re-

mote Access to Court Docket system found at

www.dccourts.gov/pa.

In addition, the District Court may arrange for a closed-circuit

audio and video feed to the court’s 1st floor Media Room. In

such cases, the Media Room is treated as an extension of the

courtroom and the same rules apply, with the exception that

laptops may be used to report (or blog) on the proceedings live

via a wireless set-up in the room. While written reporting is per-

mitted, any audio or video electronic broadcast of the proceed-

ings is prohibited. Use of cell phones is prohibited in the Media

Room, but they may be used in the hallway.

Q & A Observing Court Proceedings

Can I attend a juvenile proceeding?

Superior Court: D.C. law closes juvenile proceedings, but

provides that a journalist may be admitted if the journalist

petitions and agrees not to name the child in stories or

broadcasts. To petition, the journalist should contact the

D.C. Courts’ PIO and submit a brief letter or email explain-

ing why coverage is warranted. The PIO will forward your

request to the Presiding Judge of the Family Court. The

judge is under no legal obligation to grant you access. If

the child’s name has already been made public, the press

will likely not be admitted. The court cannot control the

media’s use of information obtained from other sources.

But keep in mind that if the child is publicly identified, ac-

cess to future proceedings will be denied to all represen-

tatives of the press.

District Court: This court does not have juvenile pro-

ceedings.

Covering the Courts 13

NOTE: See the Q & A below for information about the process

by which a reporter can apply for permission to observe a juve-

nile proceeding, blogging, or how to address the closure of court

proceedings.

High-profile proceedings

Generally in the Superior Court, all criminal and civil courtrooms

are open and there is sufficient room for those who are inter-

ested in observing. In high-profile cases, arrangements are

sometimes made for seats to be reserved for the press. The D.C.

Court of Appeals now provides live audio broadcast of oral

argument through its website, www.dcappeals.gov/dccourts/

appeals/opinions_mojs.jsp. If you are planning to cover a high-

profile trial, contact the D.C. Courts’ Public Information Officer

(PIO) to see if arrangements have been made to reserve seats

for the media.

For high-profile proceedings, the U.S. District Court usually re-

serves a limited number of seats for credentialed media. Re-

served seating decisions usually are based on factors such as

the audience size of the requesting organization, the date of the

request, and whether the media organization maintains a regular

presence at the courthouse.

12 Covering the Courts

Juvenile and abuse and neglect proceedings are

closed by D.C. law to the public. Journalists may be

admitted upon request to the Presiding Judge of the

Superior Court’s Family Court.

part of the court record. Judges may refuse to halt the

case while waiting for your lawyer, but may agree to lis-

ten to arguments when your lawyer arrives.

What can I do if the judge clears the courtroom before I

can raise my objection or if the judge will not let me

speak?

Do not refuse to leave. Do not speak without the

judge’s permission. If you stand your ground or shout

your objection you may be arrested or cited for contempt.

If you did not have an opportunity to raise the issue in the

courtroom, write a brief note to the judge explaining that

your news organization wants to oppose the closure and

that you plan to contact your editor or lawyer immediately.

Ask a courtroom clerk or contact the court PIO to get a

note to the judge with your objection. Get in touch with

your editor or producer promptly.

What can I do if my organization does not have legal

counsel?

The Reporters Committee for Freedom of the Press Legal

Defense Hotline can provide advice at no charge (1-800-

336-4243). The hotline is available 24 hours. Non-emer-

gency calls should be directed to 703-807-2100.

How do I access a closed proceeding (not one that is

already closed by law) in progress or which has already

been held?

Consult your editor or producer about challenging the clo-

sure.

Covering the Courts 15

I’m a blogger and I’ve “live blogged” cases in other

jurisdictions. Can I do it in D.C.?

Superior Court: You should request permission in ad-

vance if you would like to blog in a courtroom during a

trial. The decision is entirely at the judge’s discretion. The

D.C. Courts’ PIO can facilitate your request.

District Court: In the event of a high-profile proceeding,

the court can provide a special media room with wireless

access. Closed circuit audio and video can be provided,

and in those cases blogging is allowed, but you can only

type—you can’t broadcast. Since electronic devices are

not allowed to be turned on in the courtroom, live blogging

from the courtroom is not permitted.

What can I do if the judge closes a courtroom

proceeding that I am observing?

If you know that your news organization is prepared to

send a lawyer into court to argue against closure:

• Politely ask the judge if you may speak to the court for

a moment.

• If the court acknowledges you, tell the judge that your

news organization objects to the closure and would like

an opportunity to argue against it. Ask for a brief recess

so that you can arrange for a lawyer to come to court. If

you know the name of the lawyer who will appear, pro-

vide it to the judge. Ask that your objection be made

14 Covering the Courts

Remember to turn off your cell phone when in the

courtroom.

Clerk’s offices contact information

The Clerk’s Office for each court maintains the file of court

records available to the public. Contact information for the

Clerk’s offices is below. In the Superior Court, each Division or

Unit has a clerk’s office responsible for case records filed in

that division or unit. More specific contact information, including

for Superior Court Division and Unit clerk’s offices, is provided

beginning at page 64.

D.C. Superior Court

Clerk of the Court

Moultrie Courthouse

500 Indiana Avenue, NW, Room 2500

Washington, DC 20001

202-879-1400

U.S. District Court for the District of Columbia

Clerk’s Office

E. Barrett Prettyman United States Courthouse

333 Constitution Avenue, NW, Room 1225

Washington, DC 20001

202-354-3000

D.C. Court of Appeals

Clerk of the Court of Appeals

Historic Courthouse

430 E Street, NW, Room 115

Washington, DC 20001

202-879-2725

Covering the Courts 17

Acces s to Cour t Reco rds

Like most court proceedings, most court records are presump-

tively open to the public. Examples of court records that are

generally open to the public include briefs and motions filed by

the parties, transcripts of hearings and trials, and orders and

opinions by the court. Civil discovery documents (depositions

and interrogatories) not entered as evidence at trial, attached

to a motion seeking judicial action, submitted at or for a pretrial

conference, or otherwise filed or used in court proceedings gen-

erally are not publicly available because they are not part of the

official record and are not located in the courthouse.

In most cases, parties do not file documents under seal. Docu-

ments not filed under seal are placed in the court’s public file

and are generally available upon request at the clerk’s office or

through the court’s electronic database.

A litigant may designate a document as provisionally under seal

when it is filed, but the judge will generally evaluate whether

sealing is necessary. The press may file a motion to unseal.

Presumptively public documents, such as briefs and trial tran-

scripts, may be maintained by the court under seal if the need

for secrecy is sufficiently compelling. In very rare cases, an entire

case has been placed under seal, such that it was not possible

to discover even the existence of the case on the court’s docket.

16 Covering the Courts

Regularly check the court docket for case updates

For cases that draw large amounts of media attention, the

courts may post documents on their websites. The federal

court’s database can also automatically send reporters e-mails

whenever a new document is added to the docket.

Electronic access to court records

The courts in the District of Columbia provide online access to

all documents in the majority of their cases, as described below.

You should be aware that online dockets may not reflect last

minute changes. That said, electronic dockets provide a means

of obtaining access to substantial information about a case with-

out the need to make a trip to the courthouse.

D.C. Superior Court

The D.C. Superior Court has expanded electronic access to court

dockets, while ensuring that adequate safeguards are in place

to protect the privacy of certain information and certain types

of cases. Currently, civil, criminal, domestic violence, tax and

certain probate case dockets are on-line and can be accessed

at www.dccourts.gov/pa. The electronic docket contains a list

of filings. But actual copies of filings must be obtained at the

public access computers located in the divisions’ clerk’s offices.

Information regarding family and juvenile proceedings is not

available online because most of that information is confidential

under the D.C. Code.

D.C. Court of Appeals

The D.C. Court of Appeals does not currently maintain a publicly

accessible electronic docket. Published decisions are available

at www.dcappeals.gov/dccourts/appeals/opinions_mojs.jsp.

Covering the Courts 19

U.S. Court of Appeals for the D.C. Circuit

Clerk’s Office

E. Barrett Prettyman United States Courthouse

333 Constitution Avenue, NW, Room 5523

Washington, DC 20001

202-216-7000

Reporters should understand the difference between filing and

docketing a document. Filing occurs when the lawyer submits

the document to the clerk’s office to be stamped as being re-

ceived. Docketing occurs when notice of its filing or other court

action is added to the case docket. A brief delay can exist be-

tween filing and docketing. In most clerk’s offices, a document

is considered public information once it has been docketed. If

time is of the essence, you may want to get documents directly

from the lawyers as soon as they are filed, rather than waiting

for them to be docketed. Be aware, however, that a document

may not be considered part of the court’s official record until it

actually appears on the docket.

The paper case file is maintained in the clerk’s office, but a few

days before a trial begins, it may be sent to the judge’s cham-

bers for the duration of the case. The clerk’s offices in the crim-

inal, civil, and probate divisions of the Superior Court have public

terminals that access electronic court records, including docket

entries and all submitted documents.

18 Covering the Courts

Docketing is when a document (or court action) is

added to the public record; a brief delay can exist

between when a document is filed and docketed.

be obtained by calling the District Court. You can pay for a

service that will deliver the transcripts daily, at about $7

to $8 a page. However, if one of the parties has already

ordered the transcript, second copies cost less. If you are

able to wait, after 90 days transcripts are put online, at

which point they are free.

What about trial exhibits?

In general, trial exhibits and evidence, once presented to

the jury, are public. If you are interested in covering a

trial, talk to court staff or the court PIO about having trial

evidence made available to you. In exceptional circum-

stances, the judge may seal certain pieces of evidence.

You may encounter problems gaining access to docu-

ments and exhibits used in a case but then returned to

the parties at its conclusion, so do not delay in asking to

examine evidence if you need to do so.

Superior Court: There is no current system for this type

of request. The court recommends arranging to obtain

copies of trial exhibits with the court’s PIO before a trial

begins. Particularly if the case is a high-profile one, it is

best to contact the information officer as early as possi-

ble. If the judge knows in advance that a journalist will be

asking for access to or copies of trial exhibits, he or she

can make a decision about whether it will be made avail-

able during the trial and, if so, how and where. During the

trial, contact the PIO. After a trial has ended, attorneys,

not the courts, retain evidence, so journalists should con-

tact the relevant attorneys. Copying fees may be charged.

Covering the Courts 21

U.S. District Court and U.S. Court of Appeals for the

D.C. Circuit

The dockets and the full text of pleadings are available over the

Internet through the Public Access to Court Electronic Records

(PACER) system (www.pacer.uscourts.gov). PACER is current

as to documents that have been docketed through the previous

day’s close of business. The system may not help if you need

to report about a filing the day it is docketed, or if a filing is re-

ceived but not immediately docketed. The U.S. District Court’s

media liaison may be able to provide filings that have not yet

been docketed on PACER. As of 2009, the charge for looking at

and printing out documents in PACER is eight cents per page

of information, with a cap of $2.40 without regard to the length

of the document. Users of PACER need to register for a pass-

word. You can also access the docket free of charge at terminals

located in the clerk’s office.

Q & A Court Records

Can I obtain access to transcripts? Is there a charge?

Superior Court: To obtain a copy of a transcript, a re-

porter should contact the D.C. Courts’ Court Reporting Divi-

sion. Court reporters are paid for the work of transcribing.

Whoever requests the first transcript pays them for that ef-

fort; whoever requests a copy subsequently pays only for

copying. If a party is indigent, the government pays for the

transcript production. More information may be found at

www.dccourts.gov/dccourts/courtsystem/reporting.jsp.

District Court: Each of the court reporters is able to pro-

vide transcripts. Court reporters’ names and numbers can

20 Covering the Courts

formation and are part of the file in the case in which the

bench warrant was issued (usually for failure to appear for

a hearing).

District Court: The clerk’s office maintains warrants.

Once a search warrant has been executed, journalists can

find the warrants, affidavits and returns by using PACER

(www.pacer.uscourts.gov). However, the information is not

usually available until about 10 days. If you have an ur-

gent need, contact the court’s media liaison.

I know there’s a case out there but the case does not

appear on the docket. What happened? What can I do?

Superior Court: If a case is sealed from the public, it will

not appear on the court’s public database. A judge is not

obligated to publicly disclose that a case has been sealed.

If a reporter has reason to believe a case has been sealed,

he or she can contact the court’s PIO, who may ask the

judge about a case. The PIO, however, cannot confirm or

disclose the existence of a sealed case.

District Court: It may be sealed before but is not typi-

cally sealed after arraignment. The Federal Court may

have sealed cases, which we can’t confirm exist (e.g., a

grand jury investigation). There is nothing that the court

can do to acknowledge a case if it has been sealed, how-

ever, you may contact the court’s media liaison.

How can I tell if documents have been sealed?

Superior Court: If a case is sealed or expunged from the

record, it will not show on the court’s database and court

employees cannot confirm or deny the case’s existence. If

a case is not sealed, but a document filed in the case is

Covering the Courts 23

District Court: If it is evidence on paper, the media liai-

son office can get a copy. However, sometimes electronic

evidence is introduced, which can take more time to find.

If the procedures are worked out in advance, the process

can go faster. For example, in some past high-profile

cases, the parties agreed beforehand that any evidence

could be given to the media on the same day. That evi-

dence ranged from photographs, to copies of letters, to

tapes of grand jury testimony. Generally, there is no

charge to journalists for copies of evidence, though some-

times there are copying fees for a voluminous paper

record.

Who has search warrant information? Can I get the

warrants? How about the affidavits used to get a

search warrant? How about a list of what was

returned? When can I get it?

Search warrants and affidavits used to procure search

warrants are confidential until police officers have con-

ducted the searches and filed a “return” with the court,

unless sealed by the courts.

Superior Court: Search warrants, and affidavits used to

procure search warrants, are confidential until police offi-

cers have conducted the searches and filed a ‘return’ with

the court. Once officers have completed the search and

filed the ‘return,’ it is available at public terminals at the

courthouse or by request. The same is true of arrest war-

rants and the supporting affidavits. Arrest warrants are

confidential until the person has been arrested, in which

case they accompany the complaint at the defendant’s ar-

raignment or presentment. Bench warrants are public in-

22 Covering the Courts

I recently learned a person in the custody of the Bureau

of Prisons has testified against defendants in another

case. But I can’t find any record of the conviction. What

can I do?

If someone is cooperating with the government in return

for a reduced sentence, he or she may be at risk of harm

if it becomes known that he or she is cooperating. In such

cases, everything—even sentencing— can be sealed. Un-

less the judge unsealed the case after a motion to unseal,

the case will remain sealed. Note that a prior conviction

could be in any of the federal courts across the country,

any state or local court across the country or the D.C. Su-

perior Court. Only the latter will be in the Superior Court’s

database.

Does the court keep old case files if I want to look

through them?

Superior Court: Yes, though after a certain amount of

time, files are moved to archives. They can be retrieved

from archives with about a week’s notice, however. There

is no charge for such requests. Please note, however, that

the Superior Court now keeps electronic records of all

cases, so all more recent case documents are perma-

nently available on line on the public access terminals at

the courthouse. Docket information for most Superior

Court cases is available at www.dccourts.gov/pa.

Covering the Courts 25

sealed, the docket will indicate that a document is there,

but that it is sealed and therefore not public.

District Court: Sealed documents usually can be identi-

fied from the docket. If a document is filed under seal, the

docket entry for the sealed document often will state

“filed under seal,” or words to that effect. However, other

sealed documents may not be noted in the docket, in

which case there may be a break in the sequential list of

documents filed. For example, if the next entry after

docket #53 is docket #55, docket #54 may have been

filed under seal. The docket may also state that the Court

has ordered particular documents sealed or that the par-

ties have moved to seal documents. If you are unsure

whether the documents filed in a case are available, the

clerk’s office may be able to inform you whether certain

documents are sealed.

How do I access sealed documents?

This may be done by filing a “motion to unseal” in the

District Court or a “motion to break seal” in the Superior

Court, which may or may not be granted.

What should I do if I obtain documents that are under

seal?

In the event that you somehow receive court documents

that are under seal (e.g., from a source), you will want to

consult your editor, producer or attorney before publishing

them.

24 Covering the Courts

Proceed carefully if you obtain sealed court docu-

ments (e.g., from a source). Consult your editor or

producer.

Upon conviction, how can I find out where someone has

been sent to serve his or her sentence?

Superior Court: If the sentence is under six months or if

the person is awaiting sentencing, contact the District of

Columbia Jail, part of the D.C. Department of Corrections

(Phone: 202-673-7316; Web: doc.dc.gov). For sentences

longer than six months, defendants are transferred to the

Federal Bureau of Prisons (Phone: 202-514-6551; Web:

www.bop.gov). Due to the District of Columbia’s unique

governance structure, the District does not have a locally

controlled prison system; those functions reside with the

federal government.

District Court: Persons convicted in the federal system are

transferred to the Federal Bureau of Prisons. On the Bureau

of Prisons web site (www.bop.gov) you can search for a de-

fendant’s name to determine his or her Bureau of Prisons

number and where the defendant has been incarcerated.

Tech nolo g y in the C ourt h ous e

and C our t room

Courts in the District do not allow the press and public to pho-

tograph, film, or record court proceedings.

Superior Court: Cameras and audio recorders are not allowed

in either D.C. courthouse without special advance permission

and usually limited to a particular event, not a court hearing.

Contact the D.C. Courts’ PIO if you would like to obtain such

permission, but note that it will be limited to the day and the

Covering the Courts 27

District Court: The federal courts keep files for about

three years before they are sent to an archive. The physi-

cal files can be retrieved, or the public can search the on-

line archives, using an access number available from the

clerk. The past 10 years of the court’s dockets are online,

and all of the documents since electronic filing began in

the last five years are available online.

Is there one place where I can go to look for civil

complaints or decisions as they are filed on a daily

basis?

Superior Court: Not really, since there are over 5,000

new civil cases filed each month. Civil dockets are avail-

able at www.dccourts.gov/pa. The database can be

searched by party name, case number or date. If a deci-

sion is issued, a reporter must come to the court house to

get a copy, although the docket will indicate the existence

of the opinion and how the case was resolved. Most Supe-

rior Court cases do not result in written decisions.

District Court: Any activity in a case is available online.

Significant opinions are placed online on the court’s web

site. On PACER, decisions are available for eight cents per

page.

Are criminal mug shots part of the court record?

Neither court has criminal mug shots; they are maintained

by law enforcement. For example, the District of Columbia

Metropolitan Police Department takes and maintains pho-

tos of those they arrest and process. For further informa-

tion, see mpdc.dc.gov.

26 Covering the Courts

access. Closed circuit audio and video can be provided,

and in those cases blogging is allowed, but you can only

type—you cannot broadcast. Since electronic devices are

not allowed to be turned on in the courtroom, live blogging

from the courtroom is not permitted.

Can I take pictures of witnesses as they come out of

the courthouse?

Superior Court: The court does not control photography out-

side the limits of its property line, i.e., photographers may po-

sition themselves on the sidewalk outside the courthouse. The

court cautions reporters about the threat of juror and witness

intimidation, which printing or airing photos could promote.

District Court: Yes, if you are in areas that allow photogra-

phers to take pictures. There are certain boundaries that

determine where you are allowed to do so. Once you are

beyond the courthouse property line, photography is allowed.

If you are on the U.S. Park Service property, you are free to

take photos. Court security officers can advise you where the

property line is. Jurors or parties are not provided special

access in and out of the courthouse unless there is serious

concern for their safety; photographers can take their

pictures when they come in and out of the public doorway.

Tr i al J ury I nform atio n

Observing jury selection (voir dire)

The practice in Superior Court is, in most instances, to conduct

questioning of prospective jurors (called voir dire) either at the

Covering the Courts 29

event/purpose for which you applied. While camera-equipped

cell phones may be brought into the Superior Court buildings,

the camera feature may not be used.

District Court: Cameras and audio recorders are not allowed,

however credentialed members of the media can bring in cam-

era-equipped cell phones. The District Court’s Press Room is

located on the 4th floor of the main building, room 4431. Inter-

views may be conducted in the press room, or at designated

sites outside the courthouse. Interviews in the courtrooms or

hallways are prohibited.

Press conferences at the District Courthouse can be held only

on the U.S. National Park Service property, near the statue of

Maj. Gen. George Meade immediately in front of the courthouse.

Q & A Technology

I’m a blogger and I’ve “live blogged” cases in other

jurisdictions. Can I do it in D.C.?

Superior Court: You should request permission in ad-

vance if you would like to blog in a courtroom during a

trial. The decision is entirely at the judge’s discretion. The

D.C. Courts’ PIO can facilitate your request.

District Court: In the event of a high-profile proceeding,

the court can provide a special media room with wireless

28 Covering the Courts

Video and audio recording devices are generally not

permitted.

Q & A Trial Jury Information

Why does a judge question prospective jurors

(voir dire) at the bench where the public can’t hear

anything being said?

The general rule is that it should be done in public, but there

can be exceptions. Sometimes questions involve sensitive

matters, about health or criminal backgrounds, and judges do

not want to embarrass potential jurors. For this reason, some

judges use “hushers” to keep the audience from hearing

confidential information. Others choose to conduct voir dire

in a closed room because they think the process goes faster.

Journalists can challenge if voir dire is done in private or

seek to have accommodations made in a particular case.

How do I get a list of the jurors picked for the case I’m

covering?

Superior Court: Names of jurors are not available until

the verdict is returned. To obtain the list after the verdict,

contact the D.C. Courts’ Public Information Officer. It is

best to request the list in advance (i.e., during trial), so that

the PIO can coordinate with the judge and courtroom clerk

immediately following the verdict. By court rule, the Chief

Judge may seal the juror list, though this rarely happens.

District Court: This is determined judge-by-judge. Some

judges do not have a problem releasing names during

trial, while others work differently. One judge wrote an

opinion withholding juror names for seven days after the

verdict was returned, and then released them.

Covering the Courts 31

bench or in the jury room. Reporters who want to observe the

process should notify the D.C. Courts’ Public Information Officer

so that accommodations can be made. In District Court voir dire

typically is conducted in open court. The court has allowed

prospective jurors to answer certain questions at the bench if the

judge determines that there is a compelling reason for doing so.

Accessing juror names

In Superior Court and District Court names of potential jurors

are not read aloud during voir dire. Rather, jurors are identified

by number. A list of juror names is generally made part of the

case record after the verdict.

Restrictions on juror interviews

Courts generally do not prohibit the press from talking to jurors

after the trial ends. Judges, however, will order jurors not to

talk to the press while deliberations are ongoing, or remind them

that what takes place in the jury room is confidential. Jurors,

of course, can choose whether to speak with reporters after the

trial has concluded.

30 Covering the Courts

It is not appropriate to try to speak with jurors until

a trial concludes and the jury returns a verdict and is

excused.

judge cannot prohibit jurors from talking to the media

after the jury has been excused. Alternate jurors who are

not chosen to deliberate cannot talk to the media until the

entire jury has been excused because they might need to

be called in to replace a deliberating juror who becomes

seriously ill or is excused for some other reason.

Gran d Ju r y In f orma t ion

Grand juries evaluate a prosecutor’s evidence and decide

whether it supports indicting, or formally charging, someone

accused of a crime. Grand jury proceedings are secret. Partic-

ipants, except witnesses, are forbidden from disclosing matters

related to the grand jury, even after the grand jury’s activities

have concluded. As such, access to grand jury proceedings is

never granted. Courts take violations of the grand jury secrecy

rule seriously.

Access to proceedings and records

Although access is rarely granted, reporters may file a motion

for access with the judge who is presiding over an ongoing

grand jury proceeding or seek disclosure of some grand jury

materials once the grand jury has indicted the defendant or dis-

banded without issuing an indictment. Grand jury transcripts

are rarely made available to the press or public. Records of pro-

ceedings ancillary to federal grand jury proceedings, such as a

hearing on a motion to quash a grand jury subpoena, remain

confidential “to the extent and as long as necessary to prevent

the unauthorized disclosure of a matter occurring before a grand

Covering the Courts 33

Can I challenge a court’s order to seal jurors’ names or

other identifying information?

Any journalist or media entity wishing to challenge a

court’s juror confidentiality order may do so by filing a

motion to intervene in the case, asking the court to recon-

sider, and if necessary, requesting an expedited appeal of

the trial court’s order.

If the court seals information about jurors, can I obtain

the information from other sources?

You can certainly try by lawful means, though keep in

mind the court’s rationale for sealing juror information is

often to protect their safety.

Even if anonymity is respected and jurors’ names are

not used, can I still speak with them at the courthouse?

Tracking down a juror and asking questions during the

course of a trial is not appropriate. A reporter who does so

risks punitive action for tampering with a jury. After a trial,

a judge may not forbid a jury from speaking with the

press, but may instruct jurors they are free to refuse inter-

views or order them not to discuss their deliberations.

Can the judge take measures that hinder my ability to

interview jurors as they exit the courtroom and

courthouse?

Jurors may return to a jury deliberation room immediately

after a trial to gather their belongings before they leave

the courthouse. The jury deliberation rooms are in a se-

cure area of the courthouse, an area not accessible to the

public. A judge can advise jurors that they do not have to

talk to the media after they leave the courthouse, but a

32 Covering the Courts

Q & A Grand Jury Information

I just talked to a source who told me he testified before

a grand jury. He told me what he told the grand jury.

Can I report it?

Superior Court: This does not violate the grand jury se-

crecy rule because it is the witness who made the disclo-

sure and not someone prohibited from doing so, such as a

juror, prosecutor or court employee.

District Court: Yes. Witnesses are allowed to speak with the

press; law enforcement, prosecutors and grand jurors are not.

Gag O rde r s

Judges may issue orders that prohibit participants in a judicial

proceeding (lawyers, witnesses and others) from disclosing in-

formation. These are sometimes referred to as gag orders. If

member of the press seek to challenge such orders, most courts

will recognize that the press has the right to be heard, even

though the orders per se are not directed at the press.

Q & A Gag Orders

The judge issued a gag order in a case I’m covering.

Can I challenge the gag order?

You should consult with your editor or producer before

challenging a gag order in either the Superior Court or

District Court. If your editor or producer chooses to chal-

lenge a gag order, remember that the gag order is in ef-

fect until the court removes it.

Covering the Courts 35

jury,” according to Rule 6(e)(6) of the Federal Rules of Criminal

Procedure. It is left to the court to determine when to release

such records.

Some of the rationales that support closure of a grand jury sub-

poena hearing or other ancillary proceedings (such as protecting

the identity of those who are investigated but not indicted by

grand juries or not alerting the targets to the existence of the

grand jury investigation) may dissipate once the grand jury is-

sues indictments and/or disbands. Thus, a judge may revisit the

continued sealing of grand jury material upon filing of a renewed

motion.

Testimony

The Federal and District of Columbia Rules of Criminal Proce-

dure allow grand jury witnesses to disclose their testimony, but

the other participants (including grand jurors and government

attorneys) are not permitted to do so. When grand jury infor-

mation is disclosed to the press or public that appears to have

been disclosed by someone who was not a witness, a leak in-

vestigation may ensue, possibly involving subpoenas to journal-

ists seeking the identity of sources.

34 Covering the Courts

Witnesses before a grand jury may disclose their

testimony, but grand jurors and government attor-

neys may not.

procedures, or to a scholarly presentation made for purposes

of legal education.

If you wish to speak with a judge regarding matters unrelated

to a pending or impending case (such as a change in procedural

rules), the following court officials should be contacted: the

Chief Deputy Clerk for the U.S. Circuit Court of Appeals for the

D.C. Circuit (202-216-7300); the Administrative Assistant to the

Chief Judge and Media Liaison for District Court (202-354-

3320); and the D.C. Courts PIO (202-879-1700) for both the

D.C. Superior Court and the D.C. Court of Appeals.

Q & A Interviews with Judges

I had a question about something the judge said in open

court. I did not understand his ruling. Can I call him and

ask him to explain?

Superior Court: While a reporter can call, most of the time the

judge will be unable to speak to the reporter about what hap-

pened in court under D.C.’s Code of Judicial Conduct (see above).

A reporter should contact the court’s public information officer for

clarification or order a transcript of the court proceedings.

District Court: Not all judges will take the call, but jour-

nalists can try to reach them. In addition, a journalist can

always call the administrative office, which can serve as a

liaison if a judge will not talk with a reporter.

Covering the Courts 37

Inte r view s wit h Jud g es

Like all citizens, judges have a First Amendment right of free

speech. But that right is tempered by the ethical restrictions that

often prevent them from speaking freely about pending cases.

Judges are subject to codes of conduct which prescribe their

ethical obligations and restrictions. Judges in the District of Co-

lumbia Courts are subject to the Code of Judicial Conduct of

the District of Columbia, which states:

A judge shall not, while a proceeding is pending or impending

in any court, make any public comment that might reasonably

be expected to affect its outcome or impair its fairness or

make any nonpublic comment that might substantially inter-

fere with a fair trial or hearing. The judge shall require similar

abstention on the part of court personnel subject to the judge’s

direction and control. This Section does not prohibit judges

from making public statements in the course of their official

duties or from explaining for public information the procedures

of the court. This Section does not apply to proceedings in

which the judge is a litigant in a personal capacity.

Likewise, federal judges are subject to the code of Judicial Con-

duct for United States Judges, which states:

A judge should avoid public comment on the merits of a pend-

ing or impending action, requiring similar restraint by court

personnel subject to the judge’s direction and control. This

proscription does not extend to public statements made in the

course of the judge’s official duties, to the explanation of court

36 Covering the Courts

Note that the Multi-Door Dispute Resolution Division administers

ADR programs in the Superior Court, see www.dccourts.gov/

dccourts/superior/multi/index.jsp.

Fore ign I ntel l igen ce Su rveil lanc e

Cour t

The Foreign Intelligence Surveillance Court operates under the

federal Foreign Intelligence Surveillance Act (FISA). The Court

decides whether to permit the Department of Justice to engage

in electronic surveillance and physical searches to obtain in-

formation regarding foreign intelligence. FISA also establishes

a Foreign Surveillance Court of Review to which the govern-

ment may appeal when the Foreign Intelligence Surveillance

Court denies an application for surveillance. Secrecy is the rule

in these courts, and filings, records and opinions are virtually

never made public. The FISA Court is located in an unnumbered

office in the District Court. There are 11 judges on the FISA

Court appointed by the Chief Justice of the U.S. Supreme

Court.

Deco r um i n the Cou r troo m

Cell phones

Superior Court: Cell phones must be off while in the court-

room, but are allowed in the courthouse and other court build-

ings, as well as the D.C. Court of Appeals in the Historic

Covering the Courts 39

Alte r nati v e Di s pute Res o luti o n

Access to Alternative Dispute Resolution (ADR) proceedings is sel-

dom granted. Most courts believe that ADR works only if the par-

ties feel free to say whatever they want without fear of it being

reported or used against them later. Courts have ruled that there

is no right of access to mediation or settlement proceedings.

If a settlement agreement was made in private between two

disputing parties and was never submitted to a court, the

chances of obtaining access to the agreement from the court

are minimal. Under those circumstances, the settlement agree-

ment is not a “court record” because it was never in the court’s

possession.

If a settlement agreement were submitted to the court for either

approval or enforcement, then the agreement could be consid-

ered to be a “court record” subject to disclosure. However, such

agreements are generally not required to be submitted to a

court for approval. Usually, court approval is required only in

limited circumstances, such as when one of the parties is a

minor, it is settlement of a class action suit, or the settlement

includes a consent order requiring actions to be enforced by

the court. Otherwise, the parties merely file a joint motion to

dismiss, explaining that the dispute has been resolved.

38 Covering the Courts

For questions about the substance of a case, start

with the attorneys involved. If they will not speak

with you, try to locate attorneys who handle similar

matters. For procedural questions, ask the attorneys.

permitted in the 4th floor Press Room and in the 1st floor Media

Room.

Q & A Decorum in the Courtroom

I see lawyers in the courtroom using Blackberries,

computers and video cameras. Why can’t I also do

that?

Superior Court: No one is allowed to bring cameras into

the courthouse without advance approval from the Court.

Blackberries and laptops, for both attorneys and journal-

ists, are allowed into courtrooms at the discretion of the

judge.

District Court: Ultimately, it is up to each judge, but the

general rule is that electronic devices are not allowed.

Judicial Conference policy does not allow broadcasting from

the court room, and the concern is that, with such devices,

someone might accidentally or intentionally broadcast pro-

ceedings.

Covering the Courts 41

Courthouse. The camera functions of a cell phone MAY NOT be

used inside the courthouse.

District Court: Cell phones are allowed in the courthouse and

the courtrooms, although all electronic devices must be turned

off when in the courtroom. Credentialed members of the press

can bring camera-equipped cell phones into the courthouse. All

other cameras are prohibited without the express permission

of the court. For further information, contact the Office of the

Administrative Assistant, 202-354-3320.

Laptop computers

Superior Court: The use of computers or Blackberries in

the courtroom is at the judge’s discretion. If you would

like to request to use such technology in a courtroom, please

contact the D.C. Courts’ Public Information Officer at 202-879-

1700.

District Court: Laptops are allowed in the courthouse and

courtrooms but must be turned off when in the courtroom.

Eating

Superior Court: Food and drinks are prohibited in the court-

rooms. A cafe, located on the C level of the Moultrie Building,

is open from 8 a.m. to 3:30 p.m. weekdays.

District Court: Food and drinks are prohibited in the court-

rooms. A cafeteria, located on the first floor of the atrium ro-

tunda, is open daily until 2:30 p.m. Food and drinks are

40 Covering the Courts

SECTION TWO

Structure of the

D.C. Courts

District of Columbi a Court System

What types of cases are filed in the D.C.

Court system?

In the District of Columbia, cases involving civil disputes or civil

or criminal violations of District law are conducted in the trial

court, called the Superior Court. In addition, judges in the Su-

perior Court, a court of general jurisdiction, handle cases in-

volving divorce, child custody, neglect, juvenile crime, mental

health, domestic violence, wills, guardianships, tax liens, evic-

Structure of the D.C. Courts 43

District of Columbia Court of Appeals

(Court of Last Resort)

9 Judges

District of Columbia Superior Court

(Trial Court of General Jurisdiction)

61 Judges and 24 Magistrate Judges (2009)

The Family Court of the D.C. Superior Court handles a wide

range of family-related matters, including cases involving abuse

and neglect, juvenile delinquency, domestic relations, paternity

and support, mental health and retardation and adoptions. The

Family Court has six branches: the Domestic Relations Branch,

the Juvenile and Neglect Branch, the Paternity and Child Sup-

port Branch, the Marriage Bureau Branch, the Mental Health

and Mental Retardation Branch, the Counsel for Child Abuse

and Neglect Branch and the Family Court Self-Help Center. To

the greatest extent possible, cases involving members of the

same family are heard by the same judge in order to minimize

court appearances, reduce the risk of conflicting court orders,

and ensure quality decisions based on a comprehensive under-

standing of the issues affecting the family.

The Probate Division has jurisdiction over estates of those who

have passed away, trusts, guardianships of minors, and

guardianships and conservatorships of incapacitated adults.

Guardians are responsible for the physical well-being of an in-

capacitated adult; conservators are responsible for ensuring the

best use of their finances. Typically, unless a person brings a

particular concern to the court’s attention, estates in the District

of Columbia are “unsupervised,” which means that the court

does not have a role unless it is notified of a problem. In estates

that are supervised by the court, the court monitors the handling

of the assets by requiring the filing of an inventory and accounts

and by having the accounts audited by the Probate Division

staff. All guardianships of minors cases, all conservatorships of

incapacitated adults and some trusts are also supervised by the

Court.

Structure of the D.C. Courts 45

tions, Termination of Parental Rights (“TPRs”), adoption, mar-

riage, and others. Superior Court judges also hear appeals from

decisions by magistrate judge and some District executive

branch agency appeals.

The Superior Court includes five judicial divisions: Civil, Criminal,

Family Court, Probate, and Tax. In addition, the court includes

a Domestic Violence Unit and several operating divisions, in-

cluding Family Court Social Services Division (juvenile proba-

tion), Special Operations Division, and the Multi-Door Dispute

Resolution Division (mediation / alternative dispute resolution).

The Civil Division of the D.C. Superior Court hears many types of

civil cases (other than family matters) and is divided into four

branches dealing with the processing of different types of civil

cases: the Civil Actions Branch, the Landlord and Tenant Branch,

the Small Claims and Conciliation Branch, and the Quality Review

Branch. The Civil Actions Branch hears, among others, commer-

cial disputes, legal and medical malpractice, and tort cases.

Criminal cases involving adults are heard in the Criminal Division

of the D.C. Superior Court. This division handles felonies, serious

misdemeanors, and special proceedings concerning such mat-

ters as mental competency hearings, special writs, and war-

rants, as well as motions to seal arrest records.

The Criminal Division of the Superior Court also hears cases in-

volving major violations of city ordinances and serious criminal

traffic offenses, such as reckless or drunk driving. In the District

of Columbia, most minor traffic violations are handled by adju-

dicative services at the D.C. Department of Motor Vehicles.

44 Structure of the D.C. Courts

The Court established the District of Columbia Bar and it

approves the rules regarding attorney conduct and the admis-

sion of members to the bar. It also approves the rules regarding

attorney discipline and the resolution of complaints concerning

the unauthorized practice of law in the District.

How are D.C. trial and appellate judges

appointed?

Judges of the Superior Court and Court of Appeals are appointed

through a merit-selection process, and are not elected. All ap-

plicants for a vacancy on either court are screened by the D.C.

Judicial Nomination Commission (www.jnc.dc.gov). For each

vacancy, the Commission recommends three applicants to the

President of the United States, who has 60 days to nominate

one of the three. The U.S. Senate gives its advice and consent

on the nominee.

Confirmed judges to either court serve a 15-year term and may

be reappointed to successive terms. All applicants for reappoint-

ment are evaluated by a different commission, the D.C. Com-

mission on Judicial Disabilities and Tenure (www.cjdt.dc.gov).

Its jurisdiction includes investigating any allegations of judicial

misconduct.

Structure of the D.C. Courts 47

The Tax Division handles all appeals and petitions for review of

assessment of tax made by the District of Columbia and all pro-

ceedings brought by the District of Columbia for the imposition

of criminal penalties pursuant to the provisions of the D.C. tax

code.

The D.C. Court of Appeals is the equivalent of the highest court

in the state. It has jurisdiction to review all final orders, judg-

ments and specified interlocutory orders of Superior Court

judges. The Court of Appeals also has jurisdiction to review de-

cisions of certain administrative agencies, boards, and commis-

sions of the District government, as well as to answer questions

of law certified by federal and state appellate courts. As au-

thorized by Congress, the Court reviews proposed rules of the

Superior Court and promulgates its own rules.

Cases before the appeals court are usually heard and decided

by randomly selected, three-judge panels. Occasionally, a hear-

ing or rehearing is requested “en banc,” that is before all nine

judges of the court. A hearing en banc may be ordered by a ma-

jority of the judges in regular active service, generally only when

consideration by the full court is necessary to maintain unifor-

mity of its decisions, or when the case involves a question of

exceptional importance.

46 Structure of the D.C. Courts

Superior Court judges are assigned to a division or

the Domestic Violence unit for one calendar year, but

may be reassigned to the same division for the fol-

lowing year. All assignments are made by the Chief

Judge.

The D.C. Court of Appeals sits in three-judge panels.

Structure of the D.C. Courts 49

Who prosecutes local criminal cases?

In Superior Court, most adult criminal cases are prosecuted by

the Office of the U.S. Attorney for the District of Columbia, a

part of the U.S. Department of Justice. In cases involving juve-

niles, traffic violations, or certain low-level “quality of life” mis-

demeanors, the Office of the Attorney General of the District of

Columbia is the prosecutor.

Who represents persons accused of crime in

local D.C. cases?

Those who cannot afford a private attorney are represented by

either a public defender from the D.C. Public Defender Service

(www.pdsdc.org) or a private attorney appointed by the court

from a list of those who are certified to accept such appoint-

ments.

For a more detailed description of the D.C. Courts’ structure

and case process, please refer to the Community Guide to

the Courts, published by the Council for Court Excellence.

The Guide is available at http://www.courtexcellence.org/

PublicationsNew/community_ed_booklets/Community

GuideFINAL.pdf.

48 Structure of the D.C. Courts

SECTION THREE

Structure of the

Federal Courts

What types of cases are filed in the Federal

Court System?

Federal courts hear all cases that arise under federal law. Fed-

eral law covers such matters as antitrust, labor relations, income

taxes, bankruptcy, social security, civil rights, and violations of

federal criminal law. Federal courts also hear cases involving

the U.S. Constitution or treaties, disputes between two states,

disputes between citizens of different states, or cases in which

the United States is a party. Like many state systems, the fed-

Structure of the Federal Courts 51

U.S. Supreme Court

(Court of Last Resort)

U.S. Court of Appeals for the D.C. Circuit

(Intermediate Appellate Court)

U.S. District Court for the District of Columbia

(Trial Court )

“writ of certiorari” (Latin for “to be informed”) with the Clerk

of the U.S. Supreme Court.

Cases accepted by the Supreme Court generally involve new or

unresolved questions of federal law affecting people throughout

the country, interpretations of federal statutes, constitutional

issues, or conflicts between the courts of appeal.

Who prosecutes federal criminal cases in

D.C.?

The U.S. Attorney for the District of Columbia represents the

United States and its departments and agencies in civil or crim-

inal proceedings filed in federal court in the District of Columbia.

This office is unique among the 94 U.S. Attorney Offices across

the nation by virtue of its size and its varied responsibilities. It

is the largest office, with more than 350 Assistant U.S. Attorneys

and more than 350 support personnel. Cases are also prose-

cuted by the U.S. Department of Justice, often referred to as

“main Justice.”

Who represents persons accused of crime in

federal D.C. cases?

Private defense lawyers or, if an accused cannot afford a lawyer,

the judge may appoint a federal public defender. The Office of

the Federal Public Defender (www.dcfpd.org) handles misde-

meanors, felonies, parole and probation violations, grand jury

representations, direct appeals to the U.S. Court of Appeals for

the District of Columbia, and petitions for a writ of certiorari to

the U.S. Supreme Court. If the Federal Public Defender cannot

Structure of the Federal Courts 53

eral court system is divided into district courts, intermediate

appellate courts, and a court of last resort, the Supreme Court.

The country is divided into 94 federal district court jurisdictions,

and into 13 circuits, with one court of appeals in each circuit.

The District of Columbia is covered by a single federal district

court – the U.S. District Court for the District of Columbia - and

a single circuit appeals court – the U.S. Court of Appeals for the

District of Columbia Circuit.

The U.S. Court of Appeals for the District of Columbia hears ap-

peals from the U.S. District Court for the District of Columbia

and from federal administrative agencies, which conduct their

own hearings. Usually, three appellate judges sit on a panel,

and at least two must agree for a decision to be reached. On

rare occasions, the Circuit Court will agree to hear an appeal

“en banc,” meaning that all the active judges on the court will

hear the appeal, rather than the usual panel of three judges.

The Supreme Court of the United States, consisting of the Chief

Justice and eight Associate Justices, hears a limited number

of appeals from the federal Courts of Appeals and from the high-

est state courts. Except in very rare cases, the Supreme Court

has the choice to select which cases it will hear. Those who

wish to appeal a lower court ruling will file a petition seeking a

52 Structure of the Federal Courts

The District Court is a unified court system; criminal

and civil cases are randomly assigned to all District

Court judges.

Structure of the Federal Courts 55

take a case because of a conflict of interest or other reasons,

the court may appoint an attorney from a list of those certified

to accept such appointments.

How does the U.S. Attorney’s Office decide

whether to prosecute a case in District Court

or Superior Court?

The U.S. Attorney’s Office considers a number of factors when

determining whether charges should be brought in District Court

or Superior Court. One of the key factors whether the defen-

dant’s conduct is primarily a violation of federal or local law.

When a crime violates principally federal criminal statutes, the

U.S. Attorney’s Office will typically bring the case in District

Court; when a crime violates primarily local D.C. statutes, the

U.S Attorney’s Office will generally bring the case in Superior

Court. In those cases where a defendant’s alleged criminal con-

duct equally violates both federal and local law, the U.S. Attor-

ney’s Office decides where to prosecute a defendant on a case

by case basis, looking at the nature of the offense, the criminal

statutes that apply, whether the case involves a federal or local

interest, how the case affects the victim and the community,

the defendant’s criminal history and conduct, and other factors.

A more detailed description of the Federal Courts’ structure

and case process can be found in the Community Guide to

the Courts, published by the Council for Court Excellence.

The Guide is available at http://www.courtexcellence.org/

PublicationsNew/community_ed_booklets/Community

GuideFINAL.pdf.

54 Structure of the Federal Courts

SECTION FOUR

Tips for Reporting

on the Courts

In criminal cases:

• The judge tells the jurors that they may not infer guilt if the

defendant chooses not to testify.

• A defendant is not found “innocent” at a trial’s conclusion; he

or she is either found either “guilty” or “not guilty.”

• After a mistrial, prosecutors may retry the defendant on the

same charges without violating the Constitution’s ban on dou-

ble jeopardy.

In civil cases, a defendant is either found “liable” or “not li-

able.”

Juveniles accused of crimes are either found “involved” or “not

involved.”

Judicial officers in the U.S. District Court, U.S. Circuit Court,

D.C. Superior Court, and D.C. Court of Appeals are “judges,” not

“justices.”

Tips 57

5. The Court of Appeals sits in three-judge panels. To

see a list of cases, with a calendar of when they will be

heard, and to see which judges are on which panels hear-

ing those cases, go to this page: www.dcappeals.gov/

dccourts/appeals/calendar/index.jsp.

6. Court of Appeals cases are streamed real-time (audio

only) via the website: www.dcappeals.gov/dccourts/

appeals/calendar/index.jsp.

7. Court of Appeals opinions are released each Thursday

morning and can be found on dcappeals.gov/dccourts/

appeals/opinions_mojs.jsp. [Note that some cases are de-

cided by a Memorandum of Judgment (MoJ) that just in-

dicates the decision if no legal precedent is set.]

8. Superior Court has five divisions - Civil, Criminal, Family

Court, Probate, and Tax - and one unit, Domestic Vi-

olence. All divisions have a presiding and deputy presiding

judge; the unit has a presiding judge.

9. D.C. Superior Court judges are assigned to a division for a

year, but may be reassigned to the same division the fol-

lowing year. All assignments are made by the Chief

Judge.

10. Criminal cases generally begin with an arraignment (for

misdemeanors) or presentment (for felonies) in

courtroom C-10. Exceptions are the arraignments done

in the East of the River Community Court, the Misde-

meanor and Traffic Community Court in courtroom 115,

Tips 59

D.C. Superior Court, D.C. Court of Appeals

and D.C. Courts System

1. The local District of Columbia court system is the equiva-

lent of a state court system. It differs in two important re-

spects:

a. D.C. judges are nominated by the President of the United

States and confirmed by the U.S. Senate (see tip 14)

b. The D.C. courts are funded by Congress in an annual

appropriation (see tip 13)

2. The local District of Columbia court system is comprised

of two courts: the trial court is the Superior Court and

the appellate court is the D.C. Court of Appeals. [Note: this

is a different court than the federal appeals court, the

U.S. Court of Appeals for the D.C. Circuit.]

3. Superior Court has 61 associate judges, 24 magistrate

judges, and one chief judge; the Court of Appeals has

eight associate judges and one chief. Both courts have

senior judges – those who have reached an age where

they may work a reduced case load - who sit as-needed.

4. Judicial officers in both bodies are judges, not justices.

[Note: The Superior Court also has magistrate judges who

handle initial criminal matters and non-jury proceedings.]

www.dccourts.gov/dccourts/docs/dc_code.pdf.

58 Tips

13. The D.C. Courts are funded by Congress in an annual ap-

propriation. Budget documents may be found at www.

dccourts.gov/dccourts/about/documents.jsp. In addition,

in the Revitalization Act, Congress retained authority over

the structure of the D.C. Courts, Title 11 of the D.C. Code.

14. D.C. judges are selected after the Judicial Nominations

Commission sends the name of three candidates to the

White House. The President then nominates one of the

three; the U.S. Senate’s Committee on Homeland Security

and Government Affairs holds a hearing and the full Senate

votes on the nomination.

15. Superior Court Magistrate Judges are selected by the

Board of Judges (all the associate judges) upon a recom-

mendation by the Chief Judge.

16. Juvenile and neglect proceedings are closed to the public

by D.C. Code section 16-2316(e). Press may be admitted at

the court’s discretion. Confidentiality is a key factor in the de-

cision to admit a reporter and usually there is a requirement

that the reporter agree not to release any names or other iden-

tifying information about the party and his or her family.

17. Juveniles who are found “involved” can be given probation

or be committed to the city’s custody. The Family Court’s

Social Services Division supervises all youth pre-

trial and handles all juveniles placed on probation.

The District’s Department of Youth Rehabilitative Services

(DYRS) is responsible for all committed youth, as well as

those youth who are ordered detained pre-trial.

Tips 61

and those in domestic violence cases. Courtroom C-10 op-

erates six days a week, Monday through Saturday, regard-

less of holidays. The list of all defendants who will be

before the judge in courtroom C-10 that day is posted on

the wall in the hallway to the right off the elevator on the

C level of the Moultrie Building. A defendant charged with

a felony does not have to plead until the grand jury returns

an indictment (which can be up to nine months from date

of presentment).

11. D.C. law has very limited bail/bond opportunities. Defen-

dants are to be released, generally with some conditions,

as they are presumed innocent, unless there is a risk of

flight or a danger to themselves or to others. Decisions

about pre-trial detention are made by a magistrate judge

at the initial hearing in C-10 (or by an associate judge on

Saturdays and holidays) and, if the defendant is held, a

more substantive evidentiary hearing a few days later in

courtroom 201.

12. Several types of warrants may be issued by a judge.

Bench warrants are arrest orders for defendants who fail

to appear for a court hearing. These warrants are public

information. Other arrest warrants and search warrants

are not public until executed, that is, until the person is

arrested or the premises are searched.

60 Tips

3. For a variety of reasons, certain pleadings may not be

accessible either on-line or in paper. You should direct

all questions or concerns about access to District Court

and Appeals Court records to the executive administrator

for the chief judge. You should also consider consulting

with your editor, producer and/or counsel for your news

organization if you are having trouble getting access to

records.

4. When you need to find out exactly what was said in a hear-

ing, remember that court reporters transcribe virtu-

ally everything that is said in court and court

proceedings may be electronically recorded, as well.

You should contact the court reporter if you need to pur-

chase a copy of the transcript (see pages 20-21).

5. If you know there is a federal case and you cannot find it

in District Court, check with the federal courts in Maryland

and Virginia.

Tips 63

18. Press information is available on the Courts’ web site at

www.dccourts.gov/dccourts/about/media/index.jsp or by

calling the Courts’ Executive Office at 202-879-1700. All

press advisories and releases are sent out via email in ad-

dition to being posted on this web page. To add your email

address to the distribution list, call the Public Information

Officer at 202-879-1700. Docket information can be found

at www.dccourts.gov/pa.

Federal Courts in the District of Columbia

1. District Court has 15 active judges and one chief

judge; the Court of Appeals for the D.C. Circuit has 11 ac-

tive judges and one chief judge. The chief judge in both

courts is determined by seniority. Both courts have senior

judges – those who have reached an age where they may

work a reduced case load - who sit as-needed. The District

Court has three magistrate judges.

2. For covering cases in the District Court (or any other fed-

eral court), get a PACER account and get familiar with

how to search cases. PACER will inform you of the bulk

of what has happened in a case. Many of the docket en-

tries can be printed out directly from PACER, which elim-

inates the need to travel to the Clerk’s Office. Note: PACER

does not give you remote access to the pleadings from ap-

peals pending in the U.S. Courts of Appeals (see page 20

for more information on PACER).

62 Tips

SECTION FIVE

Federal Courts in the District of Columbia

U.S. Supreme Court

1 First Street, N.E.

Washington, D.C. 20543

Supreme Court Information 202-479-3000

Public Information Office 202-479-3211

Web: www.supremecourtus.gov/

U.S. Court of Appeals for the District of Columbia Circuit

United States Courthouse

333 Constitution Avenue, N.W.

Washington, D.C. 20001

Office of the Clerk 202-216-7000

Web: www.cadc.uscourts.gov/

U.S. Court of Appeals for the Federal Circuit

The National Courts Building

717 Madison Place, N.W.

Washington, D.C. 20439

Office of the Clerk 202-633-6550

Web: www.cafc.uscourts.gov

U.S. District Court for the District of Columbia

United States Courthouse

333 Constitution Avenue, N.W.

Washington, D.C. 20001

Office of the Clerk (202) 354-3000

Web: www.dcd.uscourts.gov

Contact Information 65

U.S. Attorney’s Office for the District of Columbia

555 4th Street, N.W.

Washington, D.C. 20530

U.S. Attorney’s Office 202-514-7566

TTD Line U.S. Attorney’s Office 202-514-7558

Web: www.usdoj.gov/usao/dc/

Office of the Attorney General

Government of the District of Columbia

441 4th Street, N.W.

Suite 1145S

Washington, D.C. 20001

Main 202-727-3400

Media Inquiries 202-727-2320

Web: oag.dc.gov/

Federal Public Defender for the District of Columbia

625 Indiana Avenue, N.W.

Washington, D.C. 20004

Main 202-208-7500

Web: www.dcfpd.org/

The Public Defender Service for the District of Columbia

633 Indiana Avenue, NW

Washington, DC 20004

Main 202-628-1200

TTY 202-824-2531

Web: www.pdsdc.org/

Contact Information 67

District of Columbia Courts

Information 202-879-1010

Public Information Officer 202-879-1700

Web: www.dccourts.gov

D.C Court of Appeals

Historic Courthouse

430 E Street, N.W.

Washington, D.C. 20001

Court Information 202-879-2725

Public Information Officer 202-879-1700

Office of the Clerk 202-879-2725

TTY 202-626-8843

D.C. Superior Court

Moultrie Courthouse

500 Indiana Avenue, N.W.

Washington, D.C. 20001

Public Information Officer 202-879-1700

Information 202-879-1010

Office of the Clerk 202-879-1400

TDD Office of the Clerk 202-879-1232

Interpreting Services 202-879-4828

Prosecutorial and Defense Agencies

U.S. Department of Justice

950 Pennsylvania Avenue, N.W.

Washington, D.C. 20530-0001

Main Switchboard 202-514-2000

Office of the Attorney General 202-353-1555

Web: www.usdoj.gov/

66 Contact Information

Glossary 69

AAG: An acronym for “Assistant Attorney General.” The D.C. At-

torney General represents the District in civil cases and is the

prosecutor in juvenile, traffic and minor misdemeanor cases in

D.C. Superior Court.

ACCUSED: A person charged with committing a crime.

ACQUITTAL: A finding of not guilty, that is, the government did

not prove guilt beyond a reasonable doubt.

ACTION: The proceeding or dispute that is before the court for

resolution; it is formally known as a “cause of action.”

AFFIDAVIT: A sworn written statement by a party or other per-

son involved in a case.

ALFORD PLEA: A type of plea that allows a defendant to plead

guilty without admitting the commission of the acts underlying

the offense and incurring civil liability. The name is derived from

the case North Carolina v. Alford.

ALTERNATIVE DISPUTE RESOLUTION (ADR): An alternative

to courtroom litigation that attempts to achieve a compromise

resolution to a case, rather than the “win or lose” decision that

is often the result of litigation. Mediation and arbitration are

forms of ADR. For D.C. Courts, see Multi-Door Dispute Resolution

Division.

ANSWER: A formal court document in which the defendant re-

sponds to and disputes the plaintiff’s allegations.

APPEAL: A request by the losing party to take the case to a

higher court. The appeals court does not actually retry the case,

but focuses on possible legal errors made by the trial court.

SECTION SIX

BURDEN OF PROOF: In criminal cases, the burden is on gov-

ernment to prove a case beyond a reasonable doubt, the most

difficult threshold of proof. In civil cases, the burden is on the

plaintiff to prove the case by the preponderance of the evidence.

C-10: The number of the arraignment and presentment court-

room in Superior Court. It is located on the C Street level of the

Moultrie Courthouse, two floors below the main lobby. Open

Monday through Saturday, including holidays.

CAPITAL CRIME: A crime punishable by death. District of

Columbia law does not provide for the death penalty.

CCAN: An acronym for “Counsel for Child Abuse and Neglect.”

A list of attorneys approved to represent families and children

in abuse and neglect cases in Superior Court.

CHALLENGE FOR CAUSE: An objection to a particular person

being seated on a jury, based on a stated reason.

CHARGE: An accusation made against a person that he or she

committed a crime.

CITATION RELEASE: The process of releasing the accused

from police custody in cases involving minor criminal violations,

with a court date scheduled at which he or she must appear.

This determination is made solely by the police.

CIVIL PROTECTION ORDER (CPO): A court order directing

the respondent to stay away from a person or sometimes from

a neighborhood, usually for a one-year period.

Glossary 71

ARBITRATION: The process whereby parties to a dispute

decide that a third-party, not the court, will determine the

outcome, thereby avoiding litigation.

ARRAIGNMENT: A criminal proceeding in which the accused

is brought before the judge, told the charges against him or her

and asked to plead guilty or not guilty. NOTE: defendants in

felony cases are not “arraigned” until the grand jury indicts

them; a felony defendant’s first court appearance is technically

a “presentment.”

ARREST: The taking into custody of a person suspected of

committing a crime.

AUSA: An acronym for “Assistant U.S. Attorney.” In D.C., the

U.S. Attorney’s Office for D.C. prosecutes cases in U.S. District

Court, all felonies and most misdemeanors in D.C. Superior

Court, as well handling appellate arguments in those criminal

cases before the D.C. Court of Appeals and U.S. Court of Appeals

for the D.C. Circuit.

BEYOND A REASONABLE DOUBT: The standard in a criminal

case necessary for the jury to declare the defendant guilty. It

requires that the evidence be so conclusive that it removes all

reasonable doubts from the minds of the jurors.

BOOKING: The process by which law enforcement photographs,

fingerprints and gets information from a suspect following

arrest.

BRADY MATERIAL: Exculpatory evidence the prosecution

is required to provide the defense, as specified in the Supreme

Court case of U.S. v. Brady.

70 Glossary

COMPLAINT: In civil cases, it is the formal document that one

party files with the court to begin a lawsuit. It states the facts

of the case and the action which the filing party wishes the

court to take. In criminal cases the complaint is a written state-

ment of the charges against a person and the facts that consti-

tute the charges.

CONTEMPT: Disobeying a court order. A judge can hold a hear-

ing to determine whether a person has shown “contempt of

court.” There are sanctions for both civil and criminal contempt.

These offenses are punishable by jail or fines.

CONVICTION: A decision made by a judge or a jury in a criminal

case that the defendant is guilty beyond a reasonable doubt of

the crime.

COURT SERVICES AND OFFENDER SUPERVISION AGENCY

(CSOSA): The federal agency that handles pretrial monitoring

and post-conviction probation of D.C. criminal defendants. See,

www.csosa.gov. The Pretrial Services Agency, an independent

agency that is part of CSOSA, handles all pretrial monitoring

and services.

COURTVIEW: The database that contains all Superior Court

cases.

CRIME VICTIMS COMPENSATION PROGRAM: A Superior

Court program funded by fees, fines and grants that covers out-

of-pocket costs of crime victims. For more information, see

www.dccourts.gov/dccourts/superior/cvcp.jsp.

CROSS-CLAIM: A claim by one party against a co-party, not

against persons on the opposite side, arising out of the original

complaint.

Glossary 73

CJA: An acronym for “Criminal Justice Act,” it is used as a

shorthand term referring to attorneys who have been approved

to be appointed under the Criminal Justice Act to represent in-

digent defendants in D.C. Courts and the federal courts in D.C.

CLEAR AND CONVINCING EVIDENCE: Evidence indicating

that the thing to be proved is highly probable or reasonably

certain. This is a greater burden than “preponderance of the

evidence,” which is the standard applied in most civil trials, but

less than evidence beyond a “reasonable doubt,” the standard

in criminal trials.

CLERK OF COURT: The highest ranking non-judicial employee

in each court, responsible for the functioning of all offices and

divisions within the court, as well as all courtrooms.

COMMUNITY COURTS: Courtrooms in which the judge seeks

not only to determine guilt or innocence, but to address the

underlying cause of the crime and to seek redress of the harm

caused by the offense, for low-level, misdemeanor crimes. Com-

munity courts frequently require defendants or offenders to

“pay back” the community by performing court-supervised com-

munity service. They also seek to reduce the likelihood of future

offense by linking offenders with social services they may need,

such as drug treatment, job training, and mental health coun-

seling. For more information on Superior Court’s various com-

munity court initiatives, see www.dccourts.gov/dccourts/

superior/community_courts.jsp.

72 Glossary

DISCOVERY: The pre-trial process in civil cases through which

each party is informed of the evidence that the other party will

be using in the trial or that may otherwise be relevant to the

case.

DISMISSAL: The decision by the judge to end a case, often at

the request of the parties.

DISPOSITION: The sentencing or other final settlement of a

criminal or juvenile case.

DIVERSITY JURISDICTION: A method of having a case heard

in a “neutral” federal court rather than in a state court, if the

two parties are from different states and the amount in contro-

versy exceeds $75,000.

DOMESTIC VIOLENCE INTAKE CENTER: One of two centers

sponsored by the D.C. Superior Court’s Domestic Violence Unit

at which a victim of domestic violence can not only file a com-

plaint, but also speak to the police, an advocate, the prosecutor,

a representative of the Crime Victims Compensation Program

and representatives from the DC Attorney General’s office re-

garding child support, contempt filings and other matters.

DWP: Acronym for “Dismissed for Want of Prosecution.” This

usually means that the government was not ready to proceed

in a criminal case, often because a key witness did not appear

for trial. Often pronounced as “dwipped.”

EN BANC: A Latin term meaning a hearing in which all of the

judges of an appellate court participate, rather than a three-

judge panel.

Glossary 75

COUNTER-CLAIM: A claim which a defendant makes against

the plaintiff.

DAMAGES: Money awarded by the court to the party who suf-

fered injuries or a loss due to the unlawful acts or negligence

of another.

D.C. MISDEMEANOR: These are minor misdemeanor infrac-

tions, such as Possession of an Open Container of Alcohol, Drink-

ing in Public, Disorderly Conduct, etc, which are prosecuted by

the D.C. Office of Attorney General in the Superior Court. These

cases are all heard by the D.C. Misdemeanor and Traffic Com-

munity Court in courtroom 115 of the Moultrie Courthouse.

DEFAULT JUDGMENT: This occurs when a defendant does not

plead in a civil suit within the time allowed, or fails to appear

at the trial, and as a result, automatically loses the case. Default

judgments may also occur in domestic violence cases (civil pro-

tection orders) and landlord-tenant court.

DEFENDANT: In a criminal case, a person who has been

charged with committing a crime. In a civil case, a defendant

is the party against whom a civil complaint has been filed.

DELINQUENT: A juvenile who has committed an act which

would be a crime if committed by an adult.

DE NOVO: Anew, or a second time. A “trial de novo” is a new

or second trial.

DEPOSITION: The testimony of a witness not taken in court,

but taken under oath in preparation for a trial.

74 Glossary

GENERAL JURISDICTION: A court that hears controversies of

all types, seeking different legal rights and remedies. See

Unified Court System.

GERSTEIN: The narrative describing the circumstances of an

arrest by a law enforcement officer that accompanies a criminal

complaint.

GUILTY: A finding by a jury or a judge that the accused com-

mitted the crime.

HEARING: A court proceeding with one or more issues to be

agreed upon or determined.

IN CAMERA: Information presented for review by the court

outside the hearing of the public and, on occasion, outside the

hearing of the other party.

INDICTMENT: A written accusation made by a grand jury

charging a person with committing a crime.

INFORMATION (MISDEMEANOR COMPLAINT, FELONY

COMPLAINT): A document filed by the prosecutor explaining

the unlawful actions of the accused and formally charging him

or her with committing a crime.

INTAKE CENTER: See Domestic Violence Intake Center.

INTERROGATORIES: Written questions given by one party in

a civil lawsuit to the other party in the suit which must be

answered under oath.

JUDGMENT: Final decision of a civil lawsuit made by the judge

or jury.

Glossary 77

EQUITY: Civil disputes that do not involve monetary awards,

but involve a request for an act or the cessation of a particular

action, such as an injunction. Equity also is defined as justice

administered according to fairness, as contrasted with the

strictly formulated rules of common law.

EVIDENCE: Testimony and objects presented in court by the

parties to support their case.

EX PARTE: A Latin term meaning a hearing before the court

when only one side is present; in many circumstances it is not

allowed.

FAMILY TREATMENT COURT: A 15-month D.C. Superior Court

therapeutic drug court program for mothers of children under

court supervision due to neglect and abuse. Participants receive

intensive residential substance abuse treatment at a facility

where they can live along with their young children during the

six-month in-patient treatment process.

FELONY STATUS CONFERENCE: A pre-trial status hearing in

a felony case to determine how the case is proceeding while

the defendant is being detained awaiting grand jury action.

FELONY: A serious crime punishable by one year or more in a

prison and/or a fine. Felonies include crimes such as murder,

rape, burglary, and robbery.

FELONY 1: The most serious of felony crimes, including murder,

first degree sexual assault, conspiracy cases, and other complex

criminal litigation.

76 Glossary

MIRANDA WARNING: A statement required of police to inform

a suspect taken into custody of his or her right to an attorney

and that he or she has the right to refuse to answer any ques-

tions asked by the police.

MISDEMEANOR: A crime that is punishable by one year or less

in jail and/or a fine; e.g., petty theft, minor assaults and drug

offenses, and most traffic violations.

MISTRIAL: A trial that is terminated before a verdict is reached

either because the jury cannot decide the guilt of the accused

or because of some error found in the trial.

MOTION: A written or oral request to the judge to make a de-

cision or take a specific action.

MOTION TO DISMISS: A motion for the judge to dismiss the

case before the trial based on the insufficiency of the pleading,

of process, or some other matter of law.

MULTI-DOOR DISPUTE RESOLUTION DIVISION: The Supe-

rior Court’s division that offers mediation/ alternative dispute

resolution. For more information, see www.dccourts.gov/

dccourts/superior/multi/index.jsp.

NO PAPER: A prosecutorial decision against filing charges after

an arrest. Thus, no case is filed with the court.

NOLLE: Abbreviation of nolle prosequi, a Latin term meaning

that the government declines further prosecution of a criminal

case, after initial papering and before trial.

NOLO CONTENDERE: Latin for “I will not contest it,” a plea to

a crime that does not admit guilt but has the same result as a

guilty plea.

Glossary 79

JURY: A petit jury is a group of citizens who have been selected

to hear the evidence in a trial presented in court and render a

verdict according to the law and the facts presented. A grand

jury is a group of citizens selected to investigate certain actions

or consider indicting persons accused of committing a felony

crime.

JUVENILE: Generally, any person under the age of 18 years. In

court, a youth charged with violating the law.

LINE-UP: A police process where a suspect is lined up with

other persons to be identified by a witness.

LITIGATION: A case or lawsuit; the process of settling a dispute

between two or more parties in a trial or adversarial setting.

LOCK-UP LIST: The daily list of all defendants who were

arrested, held in police custody overnight, and who will be

arraigned or presented in Superior Court’s courtroom C-10. Cur-

rently, the lock-up list is posted on the C-Level of the Moultrie

Courthouse on the wall to the right after exiting the escalator.

MAGISTRATE JUDGES: Judicial officials with authority for

some, but not all, types of proceedings, such as jury trials.

MEDIATION: A process used when the parties to a dispute

present their case to a neutral third-party (the mediator) to see

if they can resolve their conflict in a mutually agreeable fashion.

In some cases, mediation is required, but if not successful the

case goes to trial.

78 Glossary

PLAINTIFF: The person who starts and files a civil action.

PLEA: A formal statement made by an accused person either

denying or admitting that he or she committed the crime of

which he or she is accused.

PLEADING: A written statement of fact and law filed by both

parties in civil suits which outlines their position and how they

think the judge should rule.

POST and FORFEIT: A procedure provided for in the D.C. Code

by which the police are allowed to have the defendant just pay

a fine and the case ends there, without any case being filed

with the court.

POST-TRIAL MOTION: A motion permitted after a trial such

as a motion for a new trial and a motion for relief from judg-

ment.

PRELIMINARY HEARING: A pre-trial hearing to determine if

there is enough evidence to present to a grand jury.

PREPONDERANCE OF THE EVIDENCE: The greater weight of

the evidence, not necessarily established by the greater number

of witnesses testifying to a fact but by evidence that has the most

convincing force; the burden of proof in most civil trials.

PRESENTMENT: The first appearance by a felony defendant

before a judge, where the initial decision is made on whether

there is probable cause and whether the defendant should be

detained pre-trial. A felony defendant does not have to plead

unless and until he or she has been indicted by a grand jury, at

which point the defendant then has an arraignment before the

judge who will preside over his or her case.

Glossary 81

NOT GUILTY PLEA: A statement given by the accused denying

that he or she committed the crime.

OBJECTION: An action taken by one of the attorneys during

the trial in which that attorney disagrees with some statement

or procedure during the trial, requesting the judge reverse it or

disallow it.

OFFENDER: A person who has been convicted of a crime.

OFFICE OF THE ATTORNEY GENERAL (OAG): Acronym for

the DC Office of Attorney General, see oag.dc.gov.

ON NOTICE MOTION: A motion where advance notice is re-

quired to be given to the other party.

OVERRULE: A judge’s decision on an objection in which he or

she does not allow the objection.

PAPERING: The process, including a review of arrest paperwork

and evidence gathered by a police officer, by which the prose-

cutor fills out the forms necessary to commence a criminal case

with the court; the initiation of a criminal case. See also “no

paper.”

PARTY: A person, organization, or government entity involved

in a legal proceeding.

PEREMPTORY CHALLENGE: An objection to the selection of

a juror for which a specific reason does not need to be given.

PERSON IN NEED OF SERVICES (PINS): A juvenile who has

committed illegal acts which, if committed by adults, would not

be considered criminal offenses; i.e., truancy.

80 Glossary

PROSECUTOR: The lawyer representing the government in a

criminal case.

PUBLIC DEFENDER: An attorney employed by the government

to represent defendants who cannot afford to pay for a lawyer.

The D.C. Public Defender Service represents indigent adults and

juveniles in the D.C. Courts; the Federal Public Defender repre-

sents indigent adults in the Federal Courts.

PUBLIC DEFENDER SERVICE (PDS): The D.C. Public De-

fender Service, often referred to as “PDS” is a federally funded

agency that provides criminal defense for indigent adults and

juveniles in cases in the Superior Court, the D.C. Court of Ap-

peals. See http://www.pdsdc.org/.

REASONABLE DOUBT: The amount of doubt present in the

minds of the jurors which entitles the defendant to acquittal.

REBUTTAL: The evidence given to explain, counteract, or dis-

prove facts given by the opposite party.

RESTITUTION: An order from the judge in a criminal case that

requires that the offender pay the victim for damages the victim

suffered as a result of the crime.

SELF-HELP CENTERS / RESOURCE CENTERS: Several cen-

ters in various branches of the Superior Court to assist those

who are not represented by an attorney. See www.dccourts.gov/

dccourts/about/prose.jsp.

SELF-INCRIMINATION: A defendant’s giving of testimony

against himself that might subject him to criminal liability.

SENTENCE: The punishment for a person convicted of a crime.

Glossary 83

PRE-TRIAL CONFERENCE: An informal conference between

the attorneys for both sides to clarify the issues or to attempt

to work out a settlement with the judge as a moderator.

PRETRIAL SERVICES AGENCY: The agency which does initial

background checks and recommendations at arraignment/pre-

sentment and then supervises defendants who have been re-

leased pending trial. See www.dcpsa.gov.

PREVENTATIVE DETENTION HEARING: This hearing occurs

3-5 days after the defendant’s initial appearance in the Superior

Court if he or she is detained. This is a longer evidentiary hear-

ing with witness testimony on whether the defendant should be

detained until trial, and is a more involved probable cause de-

termination.

PRO SE: A Latin phrase meaning “for himself” or “in one’s own

behalf.” A person who represents himself or herself in court is

said to be appearing pro se or to be a pro se party.

PROBABLE CAUSE: A preliminary determination that the crime

was committed and that the defendant is likely to have com-

mitted it.

PROBATE: Legal process through which a personal represen-

tative is appointed and the assets of someone who has died are

collected and distributed and the deceased person’s debts are

paid.

PROBATION: A sentence allowing the accused to remain out-

side of jail or prison under the supervision of a probation officer.

In D.C., adult probation is monitored by the Court Services and

Offender Supervision Agency. Juvenile probation is monitored

by the Family Court Social Services Division.

82 Glossary

TPO: Acronym for “Temporary Protection Order.” A TPO is a

14-day order for one party to stay away from another. This order

can be issued by a judge upon one person’s testimony if he or

she finds grounds in the petitioner’s testimony. [Note: it is not

effective until served on the defendant.] For the year-long CPO

(see above), the respondent has a right to respond and make a

case as to why the order should not be issued.

TESTIMONY: Statements made in court by parties and wit-

nesses who are under oath to tell the truth.

THIRD-PARTY CLAIM: A complaint filed by the defendant

against a person not originally a party in the lawsuit.

TRIAL: A hearing before a judge and sometimes a jury where

evidence is presented to decide in criminal cases whether or

not the accused committed the crime, and in civil cases whether

evidence and the law are in favor of the plaintiff or defendant.

U.S. MARSHALS: The U.S. Marshal Service provides judicial

and courtroom security in the federal courts, the Superior Court,

and the D.C. Court of Appeals, and brings detained defendants

to courtrooms for proceedings.

UNIFIED COURT SYSTEM: A court system in which all types

of cases are heard by one trial court, rather than a system in

which there are separate probate, juvenile, civil, criminal and

other types of courts. The D.C. Superior court is a unified court.

VERDICT: The decision of the judge or jury at the end of a crim-

inal trial that the accused is either not guilty or guilty of the

charges. Note that there is not a finding of “innocence,” the op-

tions are “guilty” or “not guilty.” In a civil trial, the decision of

the judge or jury that the defendant is either liable or not liable.

Glossary 85

SHOW CAUSE HEARING: A hearing at which the person sum-

moned is asked to present testimony as to why the judge should

not take some adverse action against them (find them in con-

tempt, revoke probation, etc.).

STATEMENT OF CLAIM: A statement of claim is the legal doc-

ument that starts a small claims court case in the Superior Court

and sets forth an individual’s claim to obtain money, property,

or the enforcement of a right against another party.

STEP-BACK: To take a defendant into custody. For example, if

there is a probation revocation hearing and the judge determines

that the defendant needs to be held in jail rather than remain

in the community because he or she has violated probation, the

judge will “step back” the defendant, meaning ask the Deputy

US Marshal to take him or her into custody (such defendants

are taken to the cell block behind the courtroom, hence they

are “stepped back.”)

SUA SPONTE: An action taken by a judge on the court’s own

initiative and not at the request of the parties.

SUMMARY JURY TRIAL: An abbreviated trial involving a panel

of six jurors who render an advisory, nonbinding decision.

SUMMONS: A notice sent to a person to appear in court to an-

swer charges.

SUSTAIN: The decision on an objection by a judge to support

it and prevent the other party from continuing that line of ques-

tioning or introducing the evidence that was objected to.

84 Glossary

Index to Q & A Topics

Archived records....................................................................25-26

Blogging.................................................................................14, 28

Civil filings....................................................................................26

Complaints and decisions..................................................26

Closure of courtroom ..................................................................14

Challenging closure......................................................14-15

Electronic devices in courthouse ..............................................41

Gag orders....................................................................................35

Grand jury sources......................................................................35

Judges, interviewing...................................................................37

Jurors and juror selection....................................................31-33

Access to.......................................................................31-33

Sealing juror names...........................................................32

Juvenile proceedings..................................................................13

Mug shots.....................................................................................26

Photography outside courthouse...............................................29

Sealed cases ................................................................................23

Sealed documents.................................................................23-24

Search warrants, access ......................................................22-23

Transcripts, access .....................................................................20

Trial exhibits, access.............................................................21-22

Glossary 87

VICTIM: An individual against whom an offense of civil or crim-

inal law, or an attempted offense, was committed.

VOIR DIRE (vwar deer): The process of selecting a jury, by

asking questions to elicit whether the person could be a fair,

impartial juror.

VVCA PAYMENT: A court-ordered payment under the Victims

of Violent Crime Act that goes to the Crime Victims Compensa-

tion Program (see above). This fee is usually imposed on crim-

inal defendants as part of their sentence. The program uses the

revenue from such payments to recompense victims for the

costs they incur as a result of a crime.

WAIVER: The intentional giving up of a right.

WITNESS: A person who is called to testify, in either an oral

or written statement, to what he or she has seen, heard, or

knows about concerning the facts in a criminal or civil case.

WRIT OF CERTIORARI: The discretionary device used by the

U.S. Supreme Court to choose which cases it wishes to hear.

86 Glossary

Inside Back Cover

Generous support for the Journalists’ Handbook to the

Courts in the District of Columbia was provided by:

The State Justice Institute

The Philip L. Graham Fund

Davis Wright Tremaine LLP

Proskauer Rose LLP

Williams & Connolly LLP

Troutman Sanders LLP

Ross, Dixon & Bell LLP

1111 14th Street, NW

Suite 500

Washington, DC 20005

Phone: 202-785-5917

www.courtexcellence.org

Council for Court Excellence