District of Columbia Prosecutor Home Rule Act
The District of Columbia Prosecutor Home Rule Act would shift the responsibility for prosecuting most DC law violations from federal prosecutors to a local DC office. Specifically, prosecutions for violations of DC police or municipal ordinances/regulations and for DC penal statutes that function like police or municipal rules would be conducted in the name of the District by the head of the local prosecutor’s office (or their assistants), rather than by a federal prosecutor. The bill preserves federal authority for prosecutions of federal crimes. A local DC law must designate which local office will handle these prosecutions, and a one-year transition period begins once that designation takes effect. The bill also provides for continued federal benefits for U.S. Attorney for the District of Columbia employees who transition to the local office.
Key Points
- 1Transfers all prosecutions of DC ordinances, regulations, and penalties “in the nature of” police/municipal regulations to the head of the local prosecutor’s office (or their assistants) in the District of Columbia.
- 2The local prosecutor’s office must be designated by DC law; the bill defines this office as the one responsible for prosecutions under Section 23-101(b) as amended.
- 3The U.S. Attorney for DC and the Attorney General of the United States retain authority over federal offenses, preserving federal jurisdiction for US law violations.
- 4Effective date tied to a DC law designation: the new arrangement applies to DC violations that occur after a one-year period from the designation’s effective date.
- 5Federal employee transition: employees of the U.S. Attorney for the DC who continue with the local office will remain federal employees for benefits, with the local office treated as their employing agency for those benefits.