§ 1–1162.23a. Pro bono legal representation.

(a) An employee may provide legal representation in proceedings before any District of Columbia court, District of Columbia agency, federal court, or federal agency, if:

(1) The matter does not involve a claim against the District of Columbia;

(2) The District of Columbia or, in a criminal proceeding, the United States, is not a party;

(3) The District of Columbia does not have a direct or substantial interest in the matter;

(4) The employee has not participated personally and substantially in the matter as an employee;

(5) The representation is expressly authorized by the employee's personnel authority, pursuant to the procedures required by subsection (c) of this section;

(6) The representation does not violate federal or District law or any applicable rules of professional conduct; and

(7) The employee is:

(A) Acting in the employee's personal capacity;

(B) Not receiving compensation for the legal representation; and

(b)(1) Notwithstanding subsection (a)(1), (2), (3), and (7)(B) and (C) of this section, an employee may provide legal representation with or without compensation to the employee's parent, spouse, domestic partner, or child, or for any estate for which the employee serves as a guardian, executor, administrator, trustee, or other personal fiduciary.

(2) Notwithstanding subsection (a)(1), (2), (3), and (7)(C) of this section, an employee may provide legal representation without compensation to another District employee who is the subject of a personnel action.

(c) Each personnel authority shall establish procedures by which employees may request approval of a representation under this section, as required by subsection (a)(5) of this section.

(d) For the purposes of this section, the term:

(1) "Compensation" includes anything of value.

(2) "Covered organization" means:

(A) A nonprofit organization located in the District that provides legal services to:

(i) Individuals with limited means at no charge or for a nominal fee; or

(ii) Other nonprofit organizations that serve individuals with limited means or small businesses located in the District of Columbia; or

(B) A law school located in the District conducting experiential clinical courses in which students provide legal services to individuals with limited means or nonprofit organizations that serve individuals with limited means or small businesses.

(3) "District of Columbia" means, unless otherwise apparent from the context, its instrumentalities, subordinate and independent agencies, the Council of the District of Columbia, boards and commissions, Advisory Neighborhood Commissions, and employees acting in their official capacities.