Page:United States Statutes at Large Volume 100 Part 4.djvu/493

 PUBLIC LAW 99-573—OCT. 28, 1986

100 STAT. 3229

this section shall not be required to be residents of the District to be eligible to be appointed to one of the initial terms under this section or to be reappointed. "(d) Hearing commissioners shall be appointed for terms of four years and may be reappointed for terms of four years. Those individuals serving as hearing commissioners on the effective date of this Act shall be automatically appointed for a four year term. "(e) Upon the expiration of a hearing commissioner's term, the hearing commissioner may continue to perform the duties of office until a successor is appointed, or for 90 days after the date of the expiration of the hearing commissioner's term, whichever is earlier, (f) No individual may serve as a hearing commissioner under this section after having attained the age of seventy-four. "(g) The Board of Judges may suspend, involuntarily retire, or remove a hearing commissioner, during the term for which the hearing commissioner is appointed, only for incompetence, misconduct, neglect of duty, or physical or mental disability. Suspension, involuntary retirement, or removal requires the concurrence of a majority of the judges in active service. Before any order of suspension, involuntary retirement, or removal shall be entered, a full specification of the charges and the opportunity to be heard shall be furnished to the hearing commissioner pursuant to procedures established by rules of the Superior Court. "(h) If the Board of Judges determines that a hearing commissioner position is not needed, the Board of Judges may terminate the position. "(i)(l) Hearing commissioners may not engage in the practice of law, or in any other business, occupation, or employment inconsistent with the expeditious, proper, and impartial performance of their duties as officers of the court. "(2) Hearing commissioners shall abide by the Canons of Judicial Ethics. "0") A hearing commissioner, when specifically designated by the chief judge of the Superior Court, and subject to the rules of the Superior Court and the right of review under subsection (k), may perform the following functions: "(1) Administer oaths and affirmations and take acknowledgements; "(2) Determine conditions of release pursuant to the provisions of title 23 of the District of Columbia Code (relating to criminal procedure); "(3) Conduct preliminary examinations and initial probation revocation hearings in all criminal cases to determine if there is probable cause to believe that an offense has been committed and that the accused committed it; "(4)(A) In any case brought under sections 11-1101(1), (3), (10), Children and or (11) of the District of Columbia Code involving the establish- youth. ment or enforcement of child support, or in any CEise seeking to modify an existing child support order, where a hearing commissioner in the Family Division of the Superior Court finds that there is an existing duty of support, the hearing commissioner shall conduct a hearing on support, make findings, and enter judgment as provided by law, and in accordance with guidelines established by rule of the Superior Court, which judgment shall constitute a final order of the Superior Court. "(B) If in a CEise under paragraphs (A), the hearing commissioner finds that a duty of support exists and makes a finding

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