PolicyBrief
H.R. 356
119th CongressJan 13th 2025
District of Columbia Prosecutor Home Rule Act
IN COMMITTEE

The "District of Columbia Prosecutor Home Rule Act" transfers the authority to prosecute violations of D.C. laws and regulations to the local D.C. prosecutor's office, while protecting the federal benefits of U.S. Attorney's Office employees who transition to the local prosecutor's office.

Eleanor Norton
D

Eleanor Norton

Representative

DC

LEGISLATION

D.C. Set to Take Over Prosecution of Local Offenses Under Proposed Home Rule Act

A proposed change could shift who handles prosecutions for certain violations within the District of Columbia. The "District of Columbia Prosecutor Home Rule Act," specifically Section 2, outlines a plan to transfer the responsibility for prosecuting violations of D.C. police ordinances, municipal regulations, and similar local penal statutes from the U.S. Attorney's Office to a designated local D.C. prosecutor's office. This change wouldn't affect the U.S. Attorney's role in handling federal law violations, keeping that authority separate. The shift would officially apply to violations occurring one year after a local D.C. law formally designates the specific local prosecutor's office for these duties.

Local Cases, Local Control?

The core idea here is bringing the prosecution of distinctly D.C.-level offenses – think violations of local regulations or city ordinances – under local D.C. authority. Instead of the federally appointed U.S. Attorney's office handling these cases, the District's own prosecutors would take the lead, pursuing these cases in the name of the District of Columbia. This aims to align the prosecution of local laws more directly with local governance and potentially local priorities. It essentially means that decisions about prosecuting violations of rules set by the D.C. Council or city agencies would be made by officials directly accountable within the D.C. government structure.

Protecting the Transition

Recognizing that this involves shifting responsibilities currently held by federal employees, the bill includes a key provision for staff continuity. Any employee currently working for the U.S. Attorney for D.C. who moves over to the newly designated local prosecutor's office will keep their federal benefits. According to the text, they will "continue to be treated, for purposes of subchapter III of chapter 84 of title 5, United States Code, as an employee of the Government of the United States," with the local office acting as their employing agency for these benefits. This is designed to ensure experienced personnel aren't penalized for transitioning and helps maintain stability during the shift.

What This Means on the Ground

While aiming for greater local control, the transition isn't immediate. There's a built-in one-year delay after the local law designates the prosecutor's office before the changes take effect for new violations. This period allows time for setting up processes and managing the handover. The practical impact could mean more localized decision-making on prosecuting quality-of-life offenses or regulatory breaches. However, concentrating this power within a local office also raises the importance of ensuring consistent application of the law and maintaining clear coordination between the local D.C. prosecutors and the U.S. Attorney's office, which still handles federal crimes within the District.