Use of General Operating Funds for Appointing Magistrates Pursuant to the District of Columbia Family Court Act of 2001

The District of Columbia Courts had requested an advance decision on whether the District of Columbia Superior Court may use its operating appropriation for the expedited appointment of magistrates. The Superior Court is required by the District of Columbia Family Court Act of 2001, to make these appointments prior to the availability of funds appropriated to the Superior Court for carrying out the Family Court Act. The Courts also ask whether the Superior Court can transfer funds from the Family Court Act appropriation, once funds become available, to reimburse their operating appropriation for the expense incurred in appointing the magistrates. GAO held that the District of Columbia Superior Court may use funds from its operating appropriation to pay for the costs incident to the expedient appointment of magistrates mandated by the Family Court Act, prior to the availability of funds specifically appropriated to carry out the Family Court Act. However, without statutory authority, the Superior Court may not transfer funds from the Family Court Act appropriation, once it becomes available, to reimburse its operating appropriation for the salaries and expenses of the appointed magistrates.