DISTRICT OF COLUMBIA COURT OF APPEALS
GARY FREEDMAN, PETITIONER
DISTRICT OF COLUMBIA DEPARTMENT OF HUMAN RIGHTS,
Before FERREN and TERRY, Associate Judges, and MACK, Senior Judge.
At oral argument before this court, a question arose regarding the court's jurisdiction to hear this case. In Lamont v. Rogers, 479 A.2d 1274, 1278 (D.C. 1984), this court held that a finding of no probable cause by the Office of Human Rights (OHR) was not a decision in a "contested case," D.C. Code Section 1-1510(a) (1992), and that such a finding was therefore not directly reviewable in this court. In Simpson v. District of Columbia Office of Human Rights, 597 A.2d 392, 397-399 (D.C. 1991), we held, citing Lamont and other cases, that a finding of no probable cause by the OHR was subject to judicial review, but only in a civil action filed in the Superior Court. In light of Lamont and Simpson, it is
ORDERED that petitioner, within 21 days from the date of this order, shall file a supplemental memorandum with this court addressing the question of whether this court has jurisdiction to consider this case on direct review under D.C. Code Section 1-1510(a) (1992). Respondent and petitioner's employer may each file a supplemental memorandum within 21 days after the filing of petitioner's memorandum. 1/
The Clerk is directed to serve a copy of this order on petitioner, respondent, and petitioner's employer.
1/ For the purpose of filing a memorandum pursuant to this order, petitioner's employer shall be deemed an intervenor.
Mr. Gary Freedman
3801 Connecticut Avenue, NW
Washington, D.C. 20008
Charles L. Reischel, Esquire
Deputy Corporation Counsel
Dennis M. Race, Esquire
1333 New Hampshire Avenue, NW
Washington, D.C. 20036