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THE DISTRICT OF COLUMBIA THIRD BRANCH SYMPOSIUM SCHEDULE FRIDAY, APRIL 20, 2007 9:45-10:00 10:00-10:20 10:20-11:50 12:00-1:20 1:30-3:00 3:10-4:40 4:40 WELCOME: Shelley Broderick, Dean, University of the District of Columbia David A. Clarke School of Law TImothy May, Co-Chair, Council for Court Excellence Third Branch Committee, Patton Boggs LLP mSTORY OF THE D.C. THIRD BRANCH: Steven Schneebaum, Council for Court Excellence Board Member, Greenberg Traurig LLP WHO APPOINTS D.C. COURT JUDGES: Charles Miller, Council for Court Excellence Board Member, Covington & Burling LLP Hon. Gregory Mize, Retired D.C. Superior Court Judge, Judicial Fellow at the National Center for State Courts Patricia Worthy, Professor, Howard University School of Law, former Chair, D.C. Judicial Nomination Commission Daniel Rezneck, Senior Assistant Attorney General for the District of Columbia LUNCH AND KEYNOTE ADDRESS Congresswoman Eleanor Holmes Norton, D-DC WHO PROSECUTES D.C. CODE CRIMES: John Payton, former D.C. Corporation Counsel, former President of the D.C. Bar, Wilmer Hale LLP Robert Spagnoletti, former Attorney General for the District of Columbia, Schertler & Onorato LLP Joseph diGenova, former United States Attorney for the District of Columbia, diGenova & Toensing LLP Angela Davis, former Director of the D.C. Public Defender Service, Professor, American University Washington College of Law WHO CONTROLS THE ORGANIZATION OF THE D.C. COURTS: Peter Kolker, Council for Court Excellence Board Member, Zuckerman Spaeder LLP Samuel Harahan, former Executive Director, Council for Court Excellence, Washington D.C. Police fund Stephen Harlan, former Vice Chairman of the Control Board, Harlan Enterprises LLC CLOSING REMARKS: John Nields, Co-Chair, Council for Court Excellence Third Branch Committee, Howrey LLP Shelley Broderick, Dean, University of the District of Columbia David A. Clarke School of Law
THE LEGAL AND CONSTITUTIONAL FOUNDATIONS FOR THE DISTRICT OF COLUMBIA JUDICIAL BRANCH Steven M. Schneebaum* INTRODUCTION As all residents of the District of Columbia should be well aware, the Nation's Constitution reserves to Congress the power "to exercise exclusive Legislation in all cases whatsoever over such District. .. as may ... become the Seat of the Government of the United States. ,,1 The constitutional grant sanctions congressional establishment of all of the trappings of municipal authority in Washington, including the creation and oversight of all three branches of the District's government? The Constitution does not, however, mandate any particular solution to the problem of assigning to a national legislature the task of governing a city. Congress has responded by experimenting with a number of models, of which by general consensus it can be said that none has been ideal. Congressional efforts to ordain the third branch of the District's government have proved especially problematic. In part, the difficulty is posed by the need to accommodate constitutional rules establishing the federal jUdiciary. The Constitution calls for a Supreme Court 3 and for "such inferior Courts as the Congress may from time to time"4 determine to be in the national interest. The judges of all courts created under that authority are nominated by the President but may take office only on confirmation by the Senate. s They hold their offices with lifetime tenure and are protected against reduction of their salaries. 6 They may be removed from office only pursuant to the impeachment procedures applicable to all "civil officers of the United States.,,7 United States Attorneys, federal prosecutors in each of the judicial districts, likewise are appointed by the President and confirmed by the Senate. s However, as officers of the Department of Justice re- * Steven M. Schneebaum is a shareholder in the Washington, D.C. office of Greenberg Traurig LLP. He is also a member of the adjunct faculty of the School of Advanced International Studies, The Johns Hopkins University, and is a member of the Board of Directors of the Council for Court Excellence. 1 U.S. CON ST. art. I, § 8, d. 17. 2 "The power conferred by art. I, § 8, d. 17 is plenary." O'Donoghue v. United States, 289 U.S. 516, 539 (1933). 3 U.S. CONST. art. III, § 1. 4 Id. 5 U.S. CONST. art. II, § 2. 6 U.S. CONST. art. III, § 1. 7 U.S. CONST. art. II, § 4. 8 28 U.S.c. § 541(a) (2006).
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