(4) The standards, including outcomes standards to be
developed and implemented by defendants, that should be used to
determine defendants' continuing compliance with Court-ordered
requirements, and the way in which compliance with such
standards should be measured;
(5) The degree of compliance that should be required with
respect to each of the standards recommended;
(6) The steps necessary to establish permanent, objective,
efficient, and effective post-termination monitoring of the
programs serving consumers by independent entities; and
(7) The steps necessary to coordinate existing mechanisms and
to develop needed mechanisms for the advocacy of the interests
of consumers on an individual and community-wide basis.
Defendants appealed the Court's imposition of contempt fines.
On March 31, 2000, the Court of Appeals reversed this Court's
decision on the majority of the contempt fines. Evans v.
Williams, 206 F.3d 1292 (D.C.Cir. 2000).
Pursuant to the Court's February 1999 Order, under the
direction of the Special Master, Margaret G. Farrell, with the
assistance of her then-consultant, Clarence J. Sundram, the
parties engaged in lengthy negotiations that resulted in a
series of agreements that have been presented for acceptance and
approval. The documents now before the Court include:
(1) The 2001 Plan for Compliance and Conclusion of Evans v.
Williams (hereinafter the Plan);
(2) A Consent Order and accompanying Settlement Agreement,
filed on February 2, 2001; and
(3) The Parties' Joint Stipulated Findings of Fact, filed on
December 22, 2000.
Taken together, these documents, fashioned collaboratively by
the parties who are represented by able and experienced counsel,
set forth a careful and detailed blueprint for achieving
compliance with the Court's Orders, for the development of
permanent and independent mechanisms to safeguard the rights of
class members, and for the phased withdrawal of judicial
oversight of the District of Columbia's mental retardation
system as compliance with the Court's Orders is achieved.
The Stipulated Findings of Fact and the Consent Order — with
the Settlement Agreement — will be sent for publication with
this Opinion and Order. The Plan, however, is a 73-page,
single-spaced document. It is summarized herein, but shall not
be sent for publication.
The 2001 Plan for Compliance and Conclusion of Evans v.
Responding to this Court's Order of February 10, 1999, the
Plan identifies the eight goals of the existing Court Orders as