Authority To Direct a Change in Classification

GAO was asked to give an advisory opinion as to the policies set by the Executive Office of the District of Columbia Courts with regard to personnel compensation in compliance with certain sections of the District of Columbia Code. According to the Code, each Superior Court Judge may appoint and remove a personal law clerk and a personal secretary. No corresponding provision exists authorizing a judge to classify the position and fix the compensation of the person appointed. This is the responsibility of the Executive Officer as prescribed in the Code. The Executive Officer is subject to the supervision of the Joint Committee concerning compensation matters, and he is also subject to the supervision of the chief judges regarding the implementation in the respective courts of compensation matters and practices. There is no provision that would make the Executive Officer subject to the supervision of an Associate Judge of the Superior Court of the District of Columbia for the purposes of fixing the compensation of nonjudicial employees. Accordingly, an Associate Judge of the Superior Court of the District of Columbia does not have authority to direct a change in the classification or otherwise fix the compensation of the position of a law clerk, even though he is authorized to appoint an individual to that position.