D.C. Local Prosecutor Takeover: Federal Employees Keep Retirement Benefits During Shift

The District of Columbia Prosecutor Home Rule Act is pretty straightforward: it’s about shifting who handles local criminal cases in D.C. Currently, many of these cases are prosecuted by federal authorities, specifically the U.S. Attorney for D.C. This bill hands that responsibility over to a local D.C. office—the one the D.C. Council officially designates as the "local prosecutors office"—for all violations of D.C. law and municipal rules. This is a move toward greater local control, which is the core idea behind "home rule."

The Local Control Switch: Not So Fast

This isn't an instant change. The bill rewrites Section 23101 of the D.C. Official Code to make the new local office responsible for these local prosecutions. However, the clock doesn't start ticking until D.C. passes a separate law naming the specific office that will take the reins. Once that local law is passed, there's a one-year waiting period before the transfer of authority actually kicks in. This means the earliest this change will affect local cases is over a year from when the D.C. Council makes that designation. The bill is careful to point out that this only applies to violations that happen after the changeover date, and it does not touch the U.S. Attorney's authority to prosecute federal crimes.

Protecting the Paycheck and Benefits

One of the most practical and important parts of this bill deals with the people doing the work. When you shift prosecutorial duties from a federal office to a local D.C. office, you have staff who are currently federal employees. For these employees, who might be considering moving over to the newly designated local office, the bill offers a crucial safety net. If you were working for the U.S. Attorney's office the day before the switch and you move to the new local office, you get to keep your federal retirement benefits under Chapter 83 of Title 5 of the U.S. Code.

This is a huge deal for career employees. It means they can transition to the local D.C. government without losing the years of federal service and accrued retirement benefits they've earned. The new local office will essentially be treated as their employer for the purpose of managing those specific federal benefits. This provision smooths the path for experienced staff to continue working on D.C. cases, ensuring the transition is less about bureaucratic chaos and more about maintaining continuity in the local justice system.