Comment on Proposed Amendments to D.C. App. R. 44

December 13, 2024

The District of Columbia Court of Appeals is seeking comment on proposed revisions to D.C. Court of Appeals Rule 44 (Challenges to Statutes of the United States or the District of Columbia).

First, the court is considering clarifying whether Rule 44 applies solely to claims that a statute is facially unconstitutional or also applies to claims that a statute is unconstitutional as applied. The court could clarify that point by (1) expressly limiting the notice requirement to facial challenges or (2) expressly stating that the notice requirement applies to both facial and as-applied constitutional challenges. Both alternatives are reflected in the amendments under consideration.

Second, the court is considering clarifying that in cases governed by Rule 44, the United States or the District is an intervenor but has the rights of a party with respect to the constitutional question at issue.

Finally, proposed technical revisions to Rules 44(b) and 55(b)(5) would replace remaining references to “Corporation Counsel” with “Attorney General for the District of Columbia.”

Comments must be submitted by February 10, 2025, either electronically to [email protected] or in writing to the Clerk, D.C. Court of Appeals, 430 E Street, N.W., Washington, D.C. 20001. All comments will be available to the public.