District of Columbia v. Sullivan

436 A.2d 364, 1981 D.C. App. LEXIS 377
CourtDistrict of Columbia Court of Appeals
DecidedOctober 2, 1981
Docket80-747
StatusPublished
Cited by23 cases

This text of 436 A.2d 364 (District of Columbia v. Sullivan) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
District of Columbia v. Sullivan, 436 A.2d 364, 1981 D.C. App. LEXIS 377 (D.C. 1981).

Opinions

PRYOR, Associate Judge:

On June 27, 1978, the District of Columbia Council (the Council) enacted the Traffic Adjudication Act of 1978 (the Act or the TAA).1 The legislation was signed by the Mayor on July 1, 1978, and transmitted to [365]*365Congress for the 30-day review mandated by § l-147(c)(l) of the District of Columbia Self-Government and Governmental Reorganization Act (the Home Rule Act).2 It became effective as D.C. Law 2-104 at the end of that 30-day period.

In the present case the government alleged traffic violations against each appel-lee.3 In the past, such violations would initially have been presented in the Superi- or Court as criminal offenses.4 However, under the TAA, the cases were treated administratively.5 A hearing examiner found appellees guilty of the respective violations and each decision was affirmed by the Appeals Board. As provided by the TAA, each appellee then filed an “application for the allowance of an appeal in the Superior Court.” The applications were consolidated for joint review.

The Superior Court dismissed appellees’ petitions for lack of jurisdiction ruling that, because the decisions of the hearing examiners and the Appeals Board were orders in contested cases, review was exclusive, to the Court of Appeals, D.C.Code 1978 Supp., § 1-1510 and D.C.Code 1973, § 11-722. The presiding judge further observed that under D.C.Code 1978 Supp., § l-147(a)(4)6 the Council has no authority to “withhold from a party aggrieved in a contested case a right of direct review by the D.C. Court of Appeals.”

The District of Columbia filed a motion for summary reversal. Oral argument was heard on the motion for summary reversal and amicus curiae’s motion for summary affirmance. For the reasons which follow, we hold that the Superior Court does have jurisdiction over appeals under the TAA. Accordingly, we reverse and remand.

I

The threshold issue for our consideration is whether the TAA is a valid enactment in light of § l-147(a)(4), which prohibits the Council from legislating with regard to the organization and jurisdiction of the District of Columbia courts. The Traffic Adjudication Act of 1978 was adopted “to establish a uniform and more expeditious system and [to] continue to assure an equitable system for the disposition of traffic offenses.”7 It was the intent of the Council “to decriminalize and to provide for the administrative adjudication of certain violations” of motor vehicle and traffic regulations.8

The TAA does not purport to change the criminal jurisdiction or the specific responsibilities of the Superior Court9 or the Court of Appeals.10 After enactment of the [366]*366TAA, the Superior Court’s trial level jurisdiction of criminal cases remains intact, as does the appellate jurisdiction of this court. What has changed is that certain violations no longer constitute criminal offenses.

That the Council has the authority to classify an act as a crime, or to decriminalize certain behavior, is clear. Even before the Home Rule Act, the Council enjoyed a broad delegation of police power from Congress. D.C.Code 1967 & 1973, § 1-226 provided that the District government may “ ‘make and enforce all such reasonable and usual police regulations ... as [it] deem[s] necessary for the protection of lives, limbs, health, comfort and quiet of all persons ....’” Firemen’s Insurance Company of Washington, D.C. v. Washington, 157 U.S.App.D.C. 320, 324, 483 F.2d 1323, 1327 (1973).

Significantly, in McIntosh v. Washington, D.C.App., 395 A.2d 744 (1978), this court upheld the authority of the Council to enact a Firearms Act, recognizing that any limitation on such actions by the Council in the Home Rule Act was merely a time constraint.11 Rejecting the notion that the language of § 1-147(a)(7) barred the Council from acting with respect to the subject matter of any provision of Title 22 the court held that, “[acceptance of this argument would be to hold the Council powerless to act in many areas which have traditionally fallen within the local regulatory domain.” McIntosh, supra at 751.

At issue in McIntosh was a two-year moratorium, but it is significant for our purposes that after such time the Council has authority to “make changes, modifications, or amendments in local criminal statutes,” id. The court in McIntosh looked to the statement of one of the Congressional sponsors that: “ ‘The Conference Committee ... agreed to transfer authority to the Council to make changes in Titles 22,23 and 24 of the District of Columbia Code, effective January 2, 1977,”’ id. In District of Columbia v. Washington Home, D.C.App., 415 A.2d 1349, 1351 (1980), this court cited McIntosh with approval noting that, “[i]n exercising our review function, we have acknowledged that ‘the core and primary purpose of the Home Rule Act ... was to relieve Congress of the burden of legislating upon essentially local matters’ ...” and our role is to interpret the Home Rule Act “with a central focus: the intent of Congress,” id. at 1351 (footnote omitted). See Newman and DePuy, Bringing Democracy to the Nation’s Last Colony: The District of Columbia Self-Government Act, 24 Am.U.L. Rev. 537 (1975).

It is clear from the legislative history of the Home Rule Act that § l-147(a)(4) was enacted not to prohibit action with regard to specific offenses but, rather, to give the newly enacted District of Columbia Court Reorganization Act of 197012 an opportunity to prove its effectiveness. In the full committee markup, Congressman Adams explained that

the purpose of this [provision] was the very strong argument made by the court and supported by members of the bar ... that the Reorganization Act had just gone into effect. Therefore, the structure of the courts should have an opportunity for that Reorganization Act to be completely carried out. (Emphasis added).

Staff of House Committee on the District of Columbia, 93d Cong., 2d Sess., Home Rule for the District of Columbia, 1973-1974, 1081 (Comm.Print 1974). We therefore conclude that § l-147(a)(4) does not prohibit the Council from legislating as to the criminal status of specific acts.

[367]*367II

Finally, we must consider whether a case adjudicated under the TAA is a “contested case” within the meaning of the DCAPA, D.C.Code 1978 Supp., § 1-1502(8), and is thus directly reviewable in the District of Columbia Court of Appeals, see id. § 1-1510. Amicus argues that TAA proceedings are contested cases because a trial-type hearing is required by the statute, D.C.Code 1980 Supp., §§ 40-1114, -1120, and because the hearing examiner performs an adjudicative function, “weighing particular information and arriving at a decision directed at the rights of specific parties.” Schneider v. District of Columbia Zoning Commission,

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District of Columbia v. Sullivan
436 A.2d 364 (District of Columbia Court of Appeals, 1981)

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Bluebook (online)
436 A.2d 364, 1981 D.C. App. LEXIS 377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/district-of-columbia-v-sullivan-dc-1981.