Code of the District of Columbia

§ 1–301.89a. Report on constitutional challenge or District of Columbia Home Rule Act validity challenge.

(a) The Attorney General shall submit a report to the Council of the District of Columbia of any action, suit, or proceeding brought in a court of law in which the Council of the District of Columbia is not a party, and the constitutionality or the validity under Chapter 2 of Title 1 [§ 1-201.01 et seq.], of any District statute, rule, regulation, program, policy, or enactment of any type is questioned, and the Attorney General has been notified pursuant to:

(1) Rule 24(c) of the Superior Court of the District of Columbia Rules of Civil Procedure; or

(2) Rule 5.1(a) of the Federal Rules of Civil Procedure.

(b) The Attorney General shall submit a report to the Council of the District of Columbia of the establishment or implementation of any formal or informal policy by the Attorney General, or any officer of the Office of the Attorney General, to refrain from:

(1) Enforcing, applying, or administering any provision of any District statute, rule, regulation, program, policy, or enactment of any type affecting the public interest of the District of Columbia; or

(2) Defending, either by affirmatively contesting or through refraining from defending, any District statute, rule, regulation, program, policy, or enactment of any type affecting the public interest of the District of Columbia.

(c)(1) A report required under subsection (a) of this section shall be submitted to the Council within 30 calendar days from the date the Attorney General receives notice as provided in subsection (a)(1) or (a)(2) of this section, and shall contain sufficient information to identify the action, suit, or proceeding underlying the challenge.

(2) A report required under subsection (b) of this section shall be submitted to the Council within 30 calendar days from the date the Attorney General establishes or implements a formal or informal policy, or is made aware of the establishment or implementation of a formal or informal policy, as described in subsection (b) of this section, and shall contain:

(A) The date the formal or informal policy, as described in subsection (b) of this section, was established or implemented; and

(B) A complete and detailed statement describing the policy and identifying the statute, rule, regulation, program, policy, or enactment that is the subject of the policy.


(May 27, 2010, D.C. Law 18-160, § 111; as added Apr. 27, 2013, D.C. Law 19-287, § 2, 60 DCR 2322.)

Prior Codifications

2001 Ed., § 1-301.89b

Effect of Amendments

The 2013 amendment by D.C. Law 19-287 added this section.