Page:United States Statutes at Large Volume 84 Part 1.djvu/552

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[84 STAT. 494]
PUBLIC LAW 91-000—MMMM. DD, 1970
[84 STAT. 494]

494 82 Stat. 1203.

PUBLIC LAW 91-358-JULY 29, 1970

[84 STAT.

1-1501 to 1510) shall be applicable to the Commission only as provided by this subsection. For the purposes of the publication of rules and regulations, judicial notice, and the filing and compilation of rules, sections 5, 7', and 8 of that Act (D.C. Code, secs. 1-1504, 1-1506, and 1-1507), insofar as consistent with this subchapter, shall be applicable to the Commission; and for purposes of those sections, the Commission shall be deemed an independent agency as defined in section 3(5) of that Act (D.C. Code, sec. 1-1502). Nothing contained herein shall be construed to require prior public notice and hearings on the subject of rules adopted by the Commission. "(b) The Commission is authorized, without regard to the provisions governing appointment and claEsification of District of Columbia employees, to appoint and fix the compensation of, or to contract for, such officers, assistants, reporters, counsel, and other persons as may be necessary for the performance of its duties. I t is authorized to obtain the services of medical and other experts in accordance with the 80 Stat. 416. provisions of section 8109 of title 5, United States Code, but at rates not to exceed the daily equivalent of the rate provided for ( T S - 1 8 of Ante, p. 198-1. ^j^g General Schedule. "(c) The District of Columbia is authorized to detail, on a reimbursable basis, any of its personnel to assist in carrying out the duties of the Commission. " (d) Financial and administrative services (including those related to budgeting and accounting, financial reporting, personnel, and procurement) shall be provided to the Commission by the District of Columbia, for which payment shall be made in advance, or by reimbursement, from funds of the Commission in such amounts as may be agreed upon by the Chairman of the Commission and the District of Columbia government. Regulations of the District of Columbia for the administrative control of funds shall apply to funds appropriated to the Commission. "§ 11-1526. Removal; involuntary retirement; proceedings " (a)(I) A judge of a District of Columbia court shall be removed from office upon the filing in the District of Columbia Court of Appeals by the Commission of an order of removal certifying the entry, in any court within the United States, of a final judgment of conviction of a crime which is punishable as a felony under Federal law or which would be a felon}^ iti the District of Columbia. " (2) A judge of a District of Columbia court shall also be removed from office upon affirmance of an appeal from an order of removal filed in the District of Columbia Court of Appeals by the Commission (or upon expiration of the time within which such an appeal may be taken) after a determination by the Commission of— " (A) willful misconduct in office, " (B) willful and persistent failure to perform judicial duties, or " (C) any other conduct which is prejudicial to the administration of justice or which brings the judicial office into disrepute. " (b) A judge of a District of Columbia court shall be involuntarily retired from office when (1) the Commission determines that the judge suffers from a mental or physical disability (including habitual intemperance) which is or is likely to become permanent and which prevents, or seriously interferes with, the proper performance of his judicial duties, and (2) the Commission files in the District of Columbia Court of Appeals an order of involuntary retirement and the order is affirmed on appeal or the time within which an appeal may be taken from the order has expired.