D.C. Mun. Regs. tit. 28, r. 28-2103

Current through Register Vol. 71, No. 49, December 6, 2024

Rule 28-2103 - RECOMMENDED NOMINEES LISTS

2103.1

For each District of Columbia court judicial vacancy, the Commission shall transmit a Recommended Nominees List (List) of three recommended nominees to the President of the United States.

2103.2

The Commission shall not include on a List any person who is currently on a List for a vacancy on the same District of Columbia court.

2103.3

When a vacancy will occur due to the expiration of a District of Columbia judge's term of office or a District of Columbia judge reaching the statutory mandatory retirement age, the Commission shall transmit a List to the President no later than sixty (60) days prior to the last date of the judge's term or retirement date.

2103.4

When a vacancy occurs for any other reason not specified in § 2103.3, the Commission must transmit a List to the President no later than sixty (60) days after the date the vacancy occurs.

2103.5

When a person named on a List requests that the recommendation be withdrawn, dies, or in any other way becomes disqualified to serve as a District of Columbia judge, the Commission shall promptly recommend a person to replace the person originally recommended from the list of applicants for the vacancy.

2103.6

If the President does not nominate a person to fill a District of Columbia judicial vacancy from the existing Lists within sixty (60) days of receiving the List for the particular District of Columbia judicial vacancy, the Commission shall nominate one person from the List for that vacancy, and with the advice and consent of the United States Senate, shall appoint the person to the judicial vacancy, in accordance with Section 434(d)(1) of the District of Columbia Home Rule Act, effective December 24, 1973 (87 Stat. 796; D.C. Official Code § 1-204.34(d)(1) ).

2103.7

When a person is nominated, by either the President or the Commission, and the United States Senate confirms the nomination, thereafter, upon the appointment of the person, either by the President or the Commission, the List for the vacancy filled by the nomination is deemed expired, and the Commission may include any person on the expired List on a subsequent List for a District of Columbia judicial vacancy if that person applies for the relevant vacancy.

2103.8

(a)

(1) When a nomination for a particular District of Columbia judicial vacancy, whether made by the President or the Commission, is rejected by the Senate, failed confirmation under the Standing Rules of the Senate, or is otherwise returned by the Senate, the nomination shall be deemed rejected.

(2) The President shall have sixty (60) days to nominate a person to fill the particular District of Columbia judicial vacancy from one of the Lists, unless the President is sworn into office during that sixty (60)-day period, in which case the President shall have sixty (60) days from the date of assuming office to nominate a person to fill the judicial vacancy.

(b) If the President does not nominate a person to fill a particular District of Columbia judicial vacancy within sixty(60) days of the date of the rejection, the List for that vacancy shall be deemed expired. The Commission shall promptly transmit a new List for the vacancy.

(c) In submitting a new List for a vacancy under this subsection, the Commission shall comply anew with the procedures specified by this chapter and Section 434 of the District of Columbia Home Rule Act, effective December 24, 1973 (87 Stat. 796; D.C. Official Code § 1-204.34 ). Persons on the expired list, including the rejected nominee, may reapply for the vacancy, but shall not be considered for the vacancy if they do not reapply.

(d) The expiration of a List shall not affect any nominations pending at the time of the expiration of the List which have not otherwise been rejected.

2103.9

The computation of time for any time period specified in this section shall begin on and include the date of the event that triggers the period. Time periods shall be measured in calendar days, unless the last day is a Saturday, Sunday, or legal holiday, in which case, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday.

2103.10

(a) Nominations rejected by Senate vote shall be deemed to be rejected on the date of the vote of rejection.

(b) Nominations deemed rejected by the operation of these rules shall be deemed to be rejected on the date on which the adjournment, recess, or other event triggers the operation of the rule.

2103.11

As of the effective date of these rules, all Lists from which a nomination has been rejected by the Senate and no subsequent nomination has been made are deemed expired. The Commission shall promptly transmit new Lists to the President for each such expired List consistent with the provisions of Subsection 2103.8(c).

D.C. Mun. Regs. tit. 28, r. 28-2103

Final Rulemaking published at 65 DCR 15248 (11/15/2019)