concurring in part and dissenting in part:
Although I concur in the judgment of my colleagues affirming appellant’s conviction, I disagree with the route they took to reach their conclusion. Appellant contends that in the absence of a statute enacted by the District of Columbia authorizing the use of closed-circuit television testimony of minor victims, the Sixth Amendment takes precedence, and therefore, he was entitled to be confronted by the complaining minor victim in this case. Thus, the crucial question upon which this case turns is whether, in the absence of a statute permitting minor complaining witnesses to testify via closed-circuit television, this court should exercise its supervisory power to approve the procedure crafted by the trial court.
In unmistakable clarity, the Sixth Amendment of the United States Constitution provides that “[i]n all criminal prosecutions, the accused shall enjoy the right ... to be confronted with the witnesses against him.” (Emphasis added.) By judicial pronouncement — absent any input whatsoever from the citizens of the District of Columbia — my colleagues have amended the Constitution by approving a procedure for adducing testimony via closed-circuit television. In my view, under the circumstances presented here, the trial judge erred in permitting the complaining witness to testify via closed-circuit television. Any error, however, was nonetheless harmless beyond a reasonable doubt in view of the remaining competent evidence which was sufficient to sustain appellant’s conviction.
This court should decline to exercise its supervisory power to craft new procedures that would permit child witnesses to avoid confronting criminal defendants directly, in contravention of the Sixth Amendment right of confrontation guaranteed to everyone under the Constitution; this constitutional right is also guaranteed to accused child molesters who are presumed innocent until proven guilty. It is more appropriate for the legislature, not this court, to provide the initial impetus and policy justification for crafting innovative procedures such as testifying via closed-circuit television — subject to eventual court scrutiny for constitutional compliance. Accordingly, although I concur in the judgment of the court affirming appellant’s conviction, I respectfully, but nonetheless vigorously, dissent in part from the opinion of the court.
I.
Many jurisdictions in the United States have statutes authorizing the use of closed-circuit television for adducing the testimony of victims of child abuse. See Majority op. at 573 n. 8. The constitutionality of these statutes was established in Craig, supra, 497 U.S. at 855, 110 S.Ct. at 3168-69. In Craig, the Supreme Court held that Maryland’s *577statutory procedure allowing the use of a one-way closed-circuit television system for the testimony of child abuse victims1 was not violative of the Sixth Amendment’s Confrontation Clause.2 As the majority correctly notes, no statute exists authorizing the trial court to permit a minor victim of abuse to testify via closed-circuit television, in the District of Columbia. See Majority op. at 574.
The trial judge concluded that his decision regarding the implementation of this novel criminal procedure was governed by Craig. Moreover, as my colleagues note, the trial judge believed the child-victim could testify at the trial in the absence of a face-to-face confrontation with the appellant, provided the requisite finding of necessity was shown. See Majority op. at 574-575. The trial judge, however, did not consider whether a statute was required to authorize that procedure. Rather, he acted under the presumption that it was within his discretion to order the closed-circuit testimony.
I recognize that a trial judge enjoys certain inherent powers in controlling the courtroom to ensure that the proper decorum and appropriate atmosphere are established, that all parties are treated fairly, and that justice is done. See Guaranty Dev. Co., supra, 83 A.2d at 671. However, my colleagues should not imply from broad, open-ended language that it is within the trial court’s discretion and inherent power to order for the first time in the District of Columbia a criminal trial procedure which departs drastically from established, constitutionally mandated procedures. As the Supreme Court stated explicitly in Craig, “[t]hat the face to face confrontation requirement is not absolute does not, of course, mean that it may easily be dispensed with.” Craig, supra, 497 U.S. at 850, 110 S.Ct. at 3166.
Under the auspices of acting within its discretion, the trial court created, in the first instance, a procedural rule that abridged the constitutional rights of appellant. “There are no talismanie words that can be counted upon to tell us whether and how much discretionary authority the trial judge is to have, [however, discretion is powerful judicial medicine and ... judges should not be cavalier ... [in] finding it implied.” Maurice Rosenberg, Judicial Discretion of the Trial Court, Viewed from Above, 22 Syracuse L.Rev. 635, 655, 657 (1971). There are some specific determinations which are simply not committed to a trial judge’s discretion. See Johnson v. United States, 398 A.2d 354, 363 (D.C.1979). Under the circumstances here, I would hold that the trial court should have refrained from permitting the child-victim to testify via closed-circuit television.
The government maintains that the actions of the trial judge should nonetheless be af*578firmed because the judge’s actions complied with the dictates of Craig, supra. Appellant argues, however, that the trial judge was not authorized to employ the procedure approved in Craig because of the lack of enabling legislation in the District of Columbia. As the majority of jurisdictions have statutes authorizing this procedure, see Majority op. at 573 n. 8, this specific issue has been considered by very few jurisdictions. Looking first to the language of the Craig opinion itself, I note that the majority specifically held:
Given the State’s traditional and transcendent interest in protecting the welfare of children and buttressed by the growing body of academic literature documenting the psychological trauma suffered by child abuse victims who must testify in court, we will not second- guess the considered judgment of the Maryland Legislature regarding the importance of its interest in protecting child abuse victims from the emotional trauma of testifying.
Craig, supra, 497 U.S. at 855, 110 S.Ct. at 3168-69 (citations and internal quotation marks omitted) (emphasis added). Moreover, the Supreme Court refers specifically to the “Maryland statute ” as clearly meeting constitutional standards.
My colleagues rely on two state appellate decisions in support of their position. Both the Supreme Court of Florida and the Court of Criminal Appeals of Texas held that Craig did not mandate the existence of an enabling statute in order for a trial court to employ closed-circuit procedures for adducing testimony of minors. Thus, in both cases, minor witnesses were permitted to testify via closed-circuit television. Both cases are distinguishable, however, from the present case.
The Supreme Court of Florida held that “absent appropriate authority[,] a trial court in a criminal ease may employ a procedure if necessary to further an important public policy interest.” State v. Ford, 626 So.2d 1338, 1340 (Fla.1993) (footnote omitted). In Ford, a child witnessed the murder of her mother by her stepfather. At the trial, the child’s, guardian ad litem filed a motion for a protective order requiring that the child’s testimony be taken by videotape and not in open court.3 The trial judge granted that request. On appeal, the district court reversed the conviction for the reason that no Florida statute had been enacted by the legislature authorizing the use of the procedure to present the testimony of a child who is a witness or victim in a criminal, civil, or juvenile proceeding. The court held that the trial court’s procedures violated the defendant’s Sixth Amendment right to confront the witnesses against him.
The Supreme Court of Florida reversed the district court, however, concluding that it was within the trial court’s inherent authority to act to protect the child witness. The court ruled that the trial court’s use of the unauthorized procedure was proper because the procedure was necessary to farther an important public policy interest. “All courts in Florida possess the inherent powers to do all things that are reasonable and necessary for the administration of justice within the *579scope of their jurisdiction, subject to valid existing laws and constitutional provisions.” Ford, supra, 626 So.2d at 1345 (citation and internal quotation marks omitted). Accordingly, the Florida court held that protecting a child witness from the trauma of testifying in a murder case was both reasonable and necessary for the administration of justice.
In Gonzales v. State, 818 S.W.2d 756 (Tex.Crim.App.1991) (en banc), cert. denied, — U.S. -, 113 S.Ct. 1334, 122 L.Ed.2d 718 (1993), the Texas Court of Criminal Appeals held that the presentation of a ten-year-old witness’ testimony via closed-circuit television in a murder trial did not violate a defendant’s state or federal constitutional rights. As in Ford, Gonzales involved a ten-year old child witnessing the murder of a family member by the child’s mother’s live-in boyfriend. In’ the first appeal, the Court of Appeals decided that allowing the child to testify, via the closed-circuit system violated the defendant’s Sixth Amendment right to confrontation because there was “no statute declaring a public policy regarding the situation, nor any legislative finding of necessity.” Gonzales, supra, 818 S.W.2d at 764 (internal quotation marks omitted). On appeal from that decision, the Texas Court of Criminal Appeals held that exceptions to the right to face-to-face confrontation were permitted only when necessary to further an important public policy. However, the appellate court approved the trial court’s use of a two-way closed-circuit system without express statutory authority stating, “we see no reason why an expression of this important public policy must necessarily be in the form of an act or statute.” Gonzales, supra, 818 S.W.2d at 765. The court concluded saying, “we do not read Coy 4 or Craig as mandating some sort of enabling statute for the trial court’s actions.” Id. at 766.
What my colleagues do not mention, however, is that in both cases, the state legislatures had enacted statutes, unlike the District of Columbia, that pronounced the states’ public policy interest in protecting child-witnesses from the trauma of testifying in the presence of a defendant in the context of child abuse.5 Though not specifically authorizing the trial courts’ actions in murder eases, the authority for the trial courts’ actions in Gonzales and Ford arguably was implied from the states’ respective statutes providing for the testimony of child abuse *580victims to be adduced via closed-circuit television.
In the District of Columbia, there has been no legislative pronouncement comparable to Md.Code Ann., Cts. & JmPROC. § 9-102, see note 1, supra, Tex.Code CRIm.PROcAnn. art. 38.071, or FlaStatAnn. § 92.54, see note 5, supra, that even remotely authorizes closed-circuit testimony for child -witnesses in any context — including child abuse and murder cases. The government, nonetheless, asks this court to formulate, in the first instance, the public policy of the District of Columbia by holding that the public interest in protecting minor victims of sex crimes from further public trauma and embarrassment outweighs a defendant’s right to face-to-face confrontation. I would decline the invitation to judicially articulate public policy for the citizens of the District of Columbia.
According to Craig, supra, a defendant’s right to confront accusatory witnesses may be satisfied absent a physical, face-to-face confrontation at trial if a state determines that denial of such confrontation is necessary to further an important public policy. Such public policy determinations on behalf of a state are usually made by the state legislature. See Twin City Pipe Line Co. v. Harding Glass Co., 283 U.S. 353, 357, 51 S.Ct. 476, 158, 75 L.Ed. 1112 (1931). Indeed, it has traditionally been the function of legislative bodies in the District of Columbia to formulate and declare the public policy of the city through the creation of legislation, both substantive and procedural, for the District. See Manhattan Co. v. Goldberg, 38 A.2d 172, 174 (D.C.1944) (“[djetermination of public policy is primarily a matter for the legislature”) (citing Twin City Pipe Line Co., supra, 283 U.S. at 357, 51 S.Ct. at 158).6
The legislative enactments passed by the Council and approved by the Mayor are then reviewed by the judicial branch of government. This court is the final judicial authority in this jurisdiction on matters of local law.7 This court also exercises its own judgment on federal constitutional questions8 and may even indulge in judicial rule-making required by constitutional limitations on the power of government.9 The novel criminal procedure ordered by the trial court in the present ease, however, absent precedent that I am unaware of, was in no way required by the Constitution.10
II.
Even assuming that this court may determine that denial of such confrontation is *581necessary to further an important public policy and, thus, may adopt this novel criminal procedure pursuant to its supervisory powers, “[t]hat [a] Court is empowered to prescribe public policy does not mean it must exercise that power as a matter of course.” Gonzales, supra, 818 S.W.2d at 769 (Clinton, J., dissenting). The judiciary, generally, is not well-suited to formulate public policy.11 Appellate judges address a particular set of facts and the legal issues raised in those factual scenarios.12 They are not accessible to the public.13 Only lawyers have an opportunity to communicate with appellate judges, as is typical, and that communication is formalized to include only briefs and oral argument for each party.14 Other than the communications from the lawyers for the parties on appeal, this court has not had the opportunity to hear public opinion and comment on the desirability vel nom of closed-circuit television testimony for child-witnesses in child abuse cases.
Hochheiser v. Superior Court (People), 161 Cal.App.3d 777, 208 Cal.Rptr. 273, 277 (1984), a case of first impression decided by the Court of Appeals of California, involved the precise issue presented here. Issuing a writ of prohibition restraining the trial court from enforcing its order directing the taking of the complaining minor victims’ testimony by closed-circuit television, the Court of Appeals stated that the procedure, which represented a “far-reaching innovation in a criminal trial[, was] more appropriately left to the Legislature for initial consideration.” Id., 161 Cal.App.3d 777, 208 Cal.Rptr. at 276.
I am persuaded by the rationale employed by the California Court of Appeals that, when confronted with circumstances like those in the present case, we should refrain from putting our imprimatur on the novel procedure crafted by the trial court. The role of the judiciary is to interpret the laws, and in so doing to protect constitutional rights, not to legislate. See Bogen v. Green, 239 A.2d 154, 155 (D.C.1968) (“it is our function to say what the law is, rather than what it should be”). Thus, I would concur with the Court of Appeals of California in its articulation of the need for judicial restraint in a case such as this:
It is one thing for a court to prescribe judicial procedures necessary to protect some fundamental constitutional principle or to effectuate some specific constitutional guarantee of individual liberty. [Citations omitted.] It is quite another thing for a court to design judicial procedures which are in no way required by higher law but which may seem to some socially desirable and perhaps may be permitted — at least to some extent — by our state and federal Constitutions. In the former instance, constitutional principles guide the court’s hand; in the latter instance constitutional principles may well have to stay the court’s hand. Given the difficulty of the constitutional questions posed by [such] procedures, it is far better for this court to pass judgment, if and when necessary, on an integrated legislative document than on our own conditional decree by which we might seek to smooth the constitutionally rough edges of the order of the court below.
*582Hochheiser, supra, 161 Cal.App.3d 777, 208 Cal.Rptr. at 277 (quoting Reynolds v. Superior Court of Los Angeles County, 12 Cal.3d 834, 117 Cal.Rptr. 437, 444-45, 528 P.2d 45, 52-53 (1974)).
The procedure whereby O.H.B. was permitted to testify against appellant via closed-circuit television may be socially desirable, and a statute authorizing such testimony may well be constitutionally permissible. See Craig, supra. However, it should not be this court’s role to simultaneously create, in the first instance, this novel criminal procedure and then pass on its constitutionality. Notwithstanding Craig, the court should not exercise its supervisory powers here and declare on behalf of the citizenry of the District of Columbia what its public policy regarding the testimony of child witnesses in sex abuse cases should be. “We cannot declare a public policy based upon a temporary extraordinary situation.” Manhattan Co., supra, 38 A.2d at 174. In deferring to the legislature, the court would simply act consistently with the doctrine of separation of powers by interpreting the laws, not creating them. See United States v. Shaw, 226 A.2d 366, 368 (D.C.1967) (“[c]ourts ... should carefully refrain from encroachment on the prerogatives of another department of the [government”) (footnote omitted).
Thus, I would conclude that, under the circumstances presented here, the trial judge erred in permitting the complaining witness to testify via closed-circuit television, and that this procedure ran afoul of the Sixth Amendment’s requirement of face-to-face confrontation; I would then consider whether that error was harmless.
III.
As appellant’s Sixth Amendment right to face-to-face confrontation was abridged as a result of the trial court’s actions, I would apply the constitutional harmless error test established in Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1967). That test provides that “an otherwise valid conviction should not be set aside if the reviewing court may confidently say, on the whole record, that the constitutional error was harmless beyond a reasonable doubt.” Delaware v. Van Arsdall, 475 U.S. 673, 681, 106 S.Ct. 1431, 1436, 89 L.Ed.2d 674 (1986). Coy v. Iowa, 487 U.S. 1012, 1021, 108 S.Ct. 2798, 2803, 101 L.Ed.2d 857 (1988), which specifically held that any error stemming from the denial of face-to-face confrontation was subject to the Chapman harmless error analysis, provides the following guidance in assessing whether the denial of face-to-face confrontation constitutes harmless error:
As assessment of harmlessness cannot include consideration of whether the witness’ testimony would have been unchanged, or the jury’s assessment unaltered, had there been confrontation; such an inquiry would obviously involve pure speculation, and harmlessness must therefore be determined on the basis of the remaining evidence.
Id. at 1021-22, 108 S.Ct. at 2803.
The test set forth in Chapman and Coy “does not require conclusive or absolute proof o[f] harmlessness.... ” However, “[t]he government must show convincingly that the alleged prejudice was highly unlikely, and that reversal on the grounds of such prejudice would be unreasonable.” Kleinbart v. United States, 553 A.2d 1236, 1240 (D.C.1989) (citation omitted); see also Hazel v. United States, 599 A.2d 38, 46 (D.C.1991) (applying Chapman harmless error test to trial court’s reinstruction of jury in defendant’s involuntary absence). Appellant’s primary contention is that he was prejudiced by the denial of a face-to-face confrontation with the complaining witness.15 He further contends that once the court made the determination to use closed-circuit television, it was apparent that the jurors inferred that the court had already determined that the child *583witness was victimized. The result, appellant argues, is harmful error requiring reversal of his conviction.
It follows from Coy, supra, that in resolving the issue of whether the error was harmless or not, I would, of necessity, also consider appellant’s final contention that the evidence was legally insufficient to sustain his conviction because O.H.B. did not testify that appellant had committed the offense. Moreover, appellant argues that O.H.B.’s limited testimony should not be considered in evaluating the sufficiency of the evidence because it was admitted in violation of his constitutional rights under the confrontation clause. Appellant also claims that the evidence is insufficient because it includes the hearsay testimony of Officer Milagros Morales.
Viewing the evidence presented at trial in the light most favorable to the government,16 I would hold that there is ample evidence to sustain appellant’s conviction for carnal knowledge, see Majority op. at 572-573. “Reversal is permissible on sufficiency grounds only when there is no evidence upon which a reasonable juror could infer guilt beyond a reasonable doubt.” Jones, supra, 625 A.2d at 288. On review, this court does not distinguish between direct and circumstantial evidence, see Irick v. United States, 565 A.2d 26, 30 (D.C.1989), and the government need not negate every possible inference of innocence. See id. Although Officer Morales’ testimony was rank hearsay, trial counsel for appellant, who is also counsel on appeal, did not object to the testimony below, and has not requested that this court review for plain error the issue of whether the trial court erred in allowing the testimony to be admitted.17 Given that “[hjearsay evidence admitted without objection may be properly considered by the trier of fact and given its full probative value,” Alston v. United States, 509 A.2d 1129, 1131 n. 9 (D.C.1986), and that even improperly admitted evidence may be considered in evaluating the sufficiency of the evidence, see Lockhart v. Nelson, 488 U.S. 33, 40-42, 109 S.Ct. 285, 290-92, 102 L.Ed.2d 265 (1988), I would hold that the evidence in this case is sufficient to sustain appellant’s conviction for carnal knowledge.
Reviewing the record as a whole, I would conclude that the trial court’s error was harmless beyond a reasonable doubt. The testimony of T.H.B., Officer Pedro Garcia, pediatrician Karen J. Narkewicz, and Officer Milagros Morales provided overwhelming circumstantial evidence sufficient to sustain appellant’s conviction for carnal knowledge. Furthermore, the prejudice, if any, regarding the manner in which O.H.B. testified, was minimized by the trial judge as he stated the following to the jury: “Members of the jury, the next witness is a child of tender years. Therefore, the [cjourt is permitting the testimony to be taken through closed circuit t.v.” This explanation given by the trial judge for the closed-circuit procedure did not in any way imply that the child-witness had been victimized.
In light of the compelling testimony of the government witnesses who preceded O.H.B. and the scant testimony of O.H.B. herself, who was unable to testify about what happened to her on the night she was left at home alone with appellant, I would find no prejudice to appellant requiring reversal of his conviction.18 Though I would conclude that the trial court erred in employing the closed-circuit procedure without a legislative enactment authorizing the use of closed-circuit testimony for minor victims in the District of Columbia, I would nonetheless find that the government has met its burden of proving the error harmless beyond a reasonable doubt.
*584Accordingly, I would affirm the judgment of conviction but for reasons different from those relied on by my colleagues.
. Md.Code Ann., Cts. & Jud.Proc. § 9-102 (1989). That statute provides in full:
(a)(1) In a case of abuse of a child as defined in § 5-701 of the Family Law Article or Article 27, § 35A of the Code, a court may order that the testimony of a child victim be taken outside the courtroom and shown in the courtroom by means of closed circuit television if:
(i) The testimony is taken during the proceeding; and
(ii) The judge determines that testimony by the child victim in the courtroom will result in the child suffering serious emotional distress such that the child cannot reasonably communicate.
(2) Only the prosecuting attorney, the attorney for the defendant, and the judge may question the child.
(3) The operators of the closed circuit television shall make every effort to be unobtrusive.
(b)(1) Only the following persons may be in the room with the child when the child testifies by closed circuit television:
(i)The prosecuting attorney;
(ii) The attorney for the defendant;
(iii) The operators of the closed circuit television equipment; and
(iv) Unless the defendant objects, any person whose presence, in the opinion of the court, contributes to the well-being of the child, including a person who has dealt with the child in a therapeutic setting concerning the abuse.
(2) During the child’s testimony by closed circuit television, the judge and the defendant shall be in the courtroom.
(3) The judge and the defendant shall be allowed to communicate with the persons in the room where the child is testifying by any appropriate electronic method.
(c) The provisions of this section do not apply if the defendant is an attorney pro se.
(d) This section may not be interpreted to preclude, for purposes of identification of a defendant, the presence of both the victim and the defendant in the courtroom at the same time.
. Craig’s prescriptions for the use of one-way testimony are discussed in the Majority op. at 573-575.
. See Fla.Stat.Ann. § 92.53 (West 1993), which provides in relevant part:
(1) On motion and hearing in camera and a finding that there is a substantial likelihood that a victim or witness who is under the age of 16 would suffer at least moderate emotional or mental harm if he were required to testify in open court or that such victim or witness is otherwise unavailable as defined in § 90.804(1), the trial court may order the videotaping of the testimony of the victim or witness in a sexual abuse case or child abuse case, whether civil or criminal in nature, which videotaped testimony is to be utilized at trial in lieu of trial testimony in open court.
* * * * * *
(4) The defendant and the defendant's counsel shall be present at the videotaping, unless the defendant has waived this right. The court may require the defendant to view the testimony from outside the presence of the child by means of a two-way mirror or another similar method that will ensure that the defendant can observe and hear the testimony of the child in person, but that the child cannot hear or see the defendant. The defendant and the attorney for the defendant may communicate by any appropriate private method.
* * * * * *
(7) The court shall make specific findings of fact, on the record, as to the basis for its ruling under this section.
. Coy v. Iowa, 487 U.S. 1012, 108 S.Ct. 2798, 101 L.Ed.2d 857 (1988).
. See Tex.Code Crim.Proc.Ann. art. 38.071 (West 1987); Fla.Stat.Ann. § 92.54 (West 1993).
Tex.Code Crim.Proc.Ann. art. 38.071 provides in relevant part:
Sec. 1. This article applies only to a proceeding in the prosecution of an offense, including but not limited to an offense under Chapter 21, Penal Code, as amended, or Section 43.25, Penal Code, as amended, alleged to have been committed against a child 12 years of age or younger, and applies only to the statements or testimony of that child.
* * * * * *
Sec. 3. The court may, on a motion of the attorney for any party, order that the testimony of the child be taken in a room other than the courtroom and be televised by closed circuit equipment in the courtroom to be viewed by the court and the finder of fact in the proceeding. Only the attorneys for the defendant and for the state, persons necessary to operate the equipment, and any person whose presence would contribute to the welfare and well-being of the child may be present in the room with the child during his testimony. Only the attorneys may question the child.... The court shall permit the defendant to observe and hear the testimony of the child in person, but shall ensure that the child cannot hear or see the defendant.
Fla.Stat.Ann. § 92.54 provides in relevant part:
(1) Upon motion and hearing in camera and upon a finding that there is a substantial likelihood that the child will suffer at least moderate emotional or mental harm if required to testify in open court or that such victim or witness is unavailable as defined in § 90.804(1), the trial court may order that the testimony of a child under the age of 16 who is a victim of or witness to an unlawful sexual act, contact, intrusion, penetration, or other sexual offense be taken outside of the courtroom and shown by means of closed circuit television.
* * * * * *
(4) During the child's testimony by closed circuit television, the court may require the defendant to view the testimony from the courtroom. In such a case, the court shall permit the defendant to observe and hear the testimony of the child, but shall ensure that the child cannot hear or see the defendant. The judge and defendant and the persons in the room where the child is testifying may communicate by any appropriate electronic method.
(5) The court shall make specific findings of fact, on the record, as to the basis for its ruling under this section.
. The legislative process begins when a member of the Council of the District of Columbia introduces a bill before the Council. Once a bill has been introduced, the rules of the Council require notification of intended action to be placed in the District of Columbia Register at least fifteen days prior to enactment. The bill is then referred to one or more committees after introduction. The committees are not required to hold public hearings, though the above-cited notice affords interested persons an opportunity to comment. Next, the bill is reported to the full Council by the committee and voted upon. Once passed by the Council, the act is transmitted to the Mayor to either approve or veto. This process, specifically the procedure for public notification, affords interested parties an opportunity to participate in the public policy debate. See D.C.Code §§ 1-227, -229 (1992 & 1993 Supp.).
. The District of Columbia Court of Appeals is the final expositor of District of Columbia Law. See Estep v. Construction Gen., Inc., 546 A.2d 376, 384 (D.C.1988) (Mack, J., dissenting); Gillis v. United States, 400 A.2d 311, 313 (D.C.1979); D.C.Code § 11-102 (1989 & 1993 Supp.) ("The highest court of the District of Columbia is the District of Columbia Court of Appeals”).
. See M.A.P. v. Ryan, 285 A.2d 310, 312 (D.C.1971) (District of Columbia Court of Appeals, as the highest court of the District of Columbia, is analogous to the highest court of a state in that District of Columbia Court of Appeals can exercise its own judgment on federal constitutional questions until those questions are answered by the Supreme Court).
. See Lewis v. United States, 632 A.2d 383 (D.C.1993) (holding that search of a vehicle without a warrant which defendant had parked, locked, and walked away from was not reasonable under the Fourth Amendment).
. There are some procedures in criminal trials that are required under the Constitution. Cf. Graves v. United States, 472 A.2d 395 (D.C.) (the government’s power to compel testimony is not absolute; it must yield to the Fifth Amendment privilege against compulsory self-incrimination), cert. denied, 469 U.S. 846, 105 S.Ct. 158, 83 L.Ed.2d 95 (1984); Monroe v. United States, 389 A.2d 811 (D.C.) (the commands of the Sixth Amendment require that a criminal defendant be afforded the right to effective assistance of counsel), cert. denied, 439 U.S. 1006, 99 S.Ct. 621, 58 L.Ed.2d 683 (1978).
. "While in the particular case, the judge may come equipped to grasp the situation, in Llewellyn’s term, by use of his situation-sense, this is no substitute for what is required for wise and broad legislating. For legislation, opportunities for unlimited external investigation are required and are substantially available. Moreover, in the nature of the judicial profession, and more so as the judge remains in his truly cloistered activity, disciplined by the etiquette and ethics that govern the conduct of a judge, and as importantly, the conduct of others toward him, the judge is ever removed more distantly from the maddening scene. This entails a loss of contact with the greater environment, and, for many men, a loss of sense of the movements of their time.” Charles D. Breitel, The Lawmakers, 65 Colum.L.Rev. 749, 765, 767-72 (1965), quoted in Ruggero J. Aldisert, The Judicial Process, Chapter I: Anatomy of Judge-Made Law, Section 3: The Judge as Lawmaker 101 (1976).
. ”[T]he judge is confined by the record in the case, which in turn is confined to legally relevant material, limited by evidentiaiy rules.” Roger J. Traynor, Reasoning in a Circle of Law, 56 Va.L.Rev. 739, 742-43, 749-50 (1970), quoted in Aldisert, supra note 11, at 117.
. See Aldisert, supra note 11.
. See D.C.App.R. 28, 31(a), 35(f).
. ‘‘[S]ome constitutional errors — such as denying a defendant the assistance of counsel at trial, or compelling him to stand trial before a trier of fact with a financial stake in the outcome — are so fundamental and pervasive that they require reversal without regard to the facts or circumstances of the particular case." Van Arsdall, supra, 475 U.S. at 681, 106 S.Ct. at 1436. There is no precedent that I am aware of establishing the denial of face-to-face confrontation as a constitutional error deemed prejudicial in every case. Thus, I find unpersuasive appellant's effort to characterize the trial court’s actions as per se reversible error.
."The court must view the evidence presented at trial 'in the light most favorable to the government, recognizing the [jury’s] role in weighing the evidence, determining the credibility of witnesses, and drawing justifiable inferences from the evidence.'” Jones v. United States, 625 A.2d 281, 288 (D.C.1993) (quoting Ford v. United States, 498 A.2d 1135, 1137 (D.C.1985)).
. But cf. Mack v. United States, 570 A.2d 777, 782 (D.C.1990) (reviewing for plain error whether the trial judge erred by failing to intervene sua sponte to assure the exclusion of hearsay testimony).
. It is significant in this regard that appellant’s trial counsel chose not to cross-examine O.H.B. after her scant testimony on direct examination by the government.