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I 111TH CONGRESS 1ST SESSION H. R. 1991 To establish the District Court of the Virgin Islands as a court under article III of the United States Constitution. IN THE HOUSE OF REPRESENTATIVES APRIL 21, 2009 Mrs. CHRISTENSEN introduced the following bill; which was referred to the Committee on the Judiciary A BILL To establish the District Court of the Virgin Islands as a court under article III of the United States Constitution. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Judicial District of 4 the Virgin Islands Act of 2009’’. 5 SEC. 2. ESTABLISHMENT OF DISTRICT COURT OF THE VIR- 6 GIN ISLANDS AS AN ARTICLE III COURT. 7 (a) ESTABLISHMENT.— 8 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 2 •HR 1991 IH (1) IN GENERAL.—Chapter 5 of title 28, United 1 States Code, is amended by inserting after section 2 126 the following new section: 3 ‘‘§ 126A. Virgin Islands 4 ‘‘The Virgin Islands constitutes one judicial district 5 comprising two divisions. 6 ‘‘(1) The Saint Croix Division comprises the Is- 7 land of Saint Croix and adjacent islands and cays. 8 ‘‘Court for the Saint Croix Division shall be 9 held at Christiansted. 10 ‘‘(2) The Saint Thomas and Saint John Divi- 11 sion comprises the Islands of Saint Thomas and 12 Saint John and adjacent islands and cays. 13 ‘‘Court for the Saint Thomas and Saint John 14 Division shall be held at Charlotte-Amalie.’’. 15 (2) CONFORMING AMENDMENT.—The table of 16 contents for chapter 5 of title 28, United States 17 Code, is amended by inserting after the item relating 18 to section 126 the following: 19 ‘‘126A. Virgin Islands.’’. (3) NUMBER OF JUDGES.—The table contained 20 in section 133(a) of title 28, United States Code, is 21 amended by inserting after the item relating to 22 Vermont the following: 23 ‘‘Virgin Islands ................................................................................... 2’’. VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 3 •HR 1991 IH (b) REVISED ORGANIC ACT OF THE VIRGIN IS- 1 LANDS.— 2 (1) REPEALS.—Sections 25, 26, and 27 of the 3 Revised Organic Act of the Virgin Islands (48 4 U.S.C. 1615, 1616, and 1617) are repealed. 5 (2) BILL OF RIGHTS.—Section 3 of the Revised 6 Organic Act of the Virgin Islands (48 U.S.C. 1561) 7 is amended in the 23d undesignated paragraph— 8 (A) by inserting ‘‘article III;’’ after ‘‘sec- 9 tion 9, clauses 2 and 3;’’; and 10 (B) by striking ‘‘: Provided, however’’ and 11 all that follows through the end of the para- 12 graph and inserting the following: ‘‘; except 13 that all offenses under the laws of the Virgin 14 Islands which are prosecuted in the courts es- 15 tablished by local law shall continue to be pros- 16 ecuted by information, except those that are re- 17 quired by local law to be prosecuted by indict- 18 ment by grand jury.’’. 19 (3) JURISDICTION OF LOCAL COURTS.—Section 20 21 of the Revised Organic Act of the Virgin Islands 21 (48 U.S.C. 1611) is amended to read as follows: 22 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 4 •HR 1991 IH ‘‘SEC. 21. JURISDICTION OF COURTS OF THE VIRGIN IS- 1 LANDS. 2 ‘‘(a) JURISDICTION OF THE COURTS OF THE VIRGIN 3 ISLANDS.—The judicial power of the Virgin Islands shall 4 be vested in such appellate court and lower local courts 5 as may have been or may hereafter be established by local 6 law. The courts of the Virgin Islands established by local 7 law shall have jurisdiction over all causes of action in the 8 Virgin Islands over which any court established by the 9 Constitution and laws of the United States does not have 10 exclusive jurisdiction. 11 ‘‘(b) PRACTICE AND PROCEDURE.—The rules gov- 12 erning the practice and procedure of the courts established 13 by local law and those prescribing the qualifications and 14 duties of the judges and officers thereof, oaths and bonds, 15 and the times and places of holding court shall be gov- 16 erned by local law or the rules promulgated by those 17 courts.’’. 18 (4) JURISDICTION OVER CRIMINAL MATTERS 19 AND INCOME TAX.—Section 22 of the Revised Or- 20 ganic Act of the Virgin Islands (48 U.S.C. 1612) is 21 amended to read as follows: 22 ‘‘SEC. 22. JURISDICTION OVER INCOME TAX. 23 ‘‘The United States District Court for the District 24 of the Virgin Islands shall have exclusive jurisdiction over 25 all criminal and civil proceedings in the Virgin Islands 26 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 5 •HR 1991 IH with respect to the income tax laws applicable to the Vir- 1 gin Islands, regardless of the degree of the offense or of 2 the amount involved, except the ancillary laws relating to 3 the income tax enacted by the legislature of the Virgin 4 Islands. Any act or failure to act with respect to the in- 5 come tax laws applicable to the Virgin Islands which would 6 constitute a criminal offense described in chapter 75 of 7 the Internal Revenue Code of 1986 shall constitute an of- 8 fense against the government of the Virgin Islands and 9 may be prosecuted in the name of the government of the 10 Virgin Islands by appropriate officers thereof in the 11 United States District Court for the District of the Virgin 12 Islands without the request or consent of the United 13 States attorney for the Virgin Islands.’’. 14 (5) RELATIONS BETWEEN UNITED STATES 15 COURTS AND LOCAL COURTS.—Section 23 of the Re- 16 vised Organic Act of the Virgin Islands (48 U.S.C. 17 1613) is amended to read as follows: 18 ‘‘SEC. 23. RELATIONS BETWEEN COURTS OF THE UNITED 19 STATES AND LOCAL COURTS. 20 ‘‘(a) IN GENERAL.—The relations between the courts 21 established by the Constitution or laws of the United 22 States (including the United States District Court for the 23 District of the Virgin Islands) and the courts established 24 by local law with respect to appeals, certiorari, removal 25 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 6 •HR 1991 IH of causes, the issuance of writs of habeas corpus, and 1 other matters or proceedings shall be governed by the laws 2 of the United States pertaining to the relations between 3 the courts of the United States, including the Supreme 4 Court of the United States, and the courts of the several 5 States in such matters and proceedings, except that for 6 the first 15 years following the establishment of the appel- 7 late court authorized by section 21(a) of this Act, the 8 United States Court of Appeals for the Third Circuit shall 9 have jurisdiction to review by writ of certiorari all final 10 decisions of the highest court of the Virgin Islands from 11 which a decision could be had. 12 ‘‘(b) REPORTS TO CONGRESS.—The Judicial Council 13 of the Third Circuit shall submit reports to the Committee 14 on Energy and Natural Resources of the Senate and the 15 Committee on Resources of the House of Representatives 16 at intervals of 5 years following the establishment of the 17 appellate court authorized by section 21(a) of this Act as 18 to whether that court has developed sufficient institutional 19 traditions to justify direct review by the Supreme Court 20 of the United States from all final decisions of the highest 21 court of the Virgin Islands. 22 ‘‘(c) RULES.—The United States Court of Appeals 23 for the Third Circuit shall have jurisdiction to promulgate 24 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 7 •HR 1991 IH rules necessary to carry out the provisions of this sec- 1 tion.’’. 2 (6) APPELLATE JURISDICTION OF DISTRICT 3 COURT.—Section 23A of the Revised Organic Act of 4 the Virgin Islands (48 U.S.C. 1613a) is amended by 5 striking ‘‘District Court of the Virgin Islands’’ each 6 place it appears and inserting ‘‘United States Dis- 7 trict Court for the District of the Virgin Islands’’. 8 (7) ASSIGNMENT OF ADDITIONAL JUDGES TO 9 THE COURT.—Section 24 of the Revised Organic Act 10 of the Virgin Islands (48 U.S.C. 1614) is amended 11 to read as follows: 12 ‘‘SEC. 24. ASSIGNMENT OF ADDITIONAL JUDGES TO THE 13 COURT. 14 ‘‘Whenever it appears to be necessary for the proper 15 dispatch of the business of the United States District 16 Court for the District of the Virgin Islands— 17 ‘‘(1) the chief judge of the Third Judicial Cir- 18 cuit of the United States may assign— 19 ‘‘(A) a judge of a court of record of the 20 Virgin Islands established by local law, 21 ‘‘(B) a circuit or district judge of the 22 Third Judicial Circuit, or 23 ‘‘(C) a recalled senior judge of the District 24 Court of the Virgin Islands, or 25 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 8 •HR 1991 IH ‘‘(2) the Chief Justice of the United States may 1 assign any other United States circuit or district 2 judge, with the consent of that judge and the chief 3 judge of the circuit from which the judge is as- 4 signed, 5 to serve temporarily as a judge of the United States Dis- 6 trict Court for the District of the Virgin Islands. After 7 the establishment of the appellate court authorized by sec- 8 tion 21(a) of this Act, no judge described in paragraph 9 (1)(A) may be assigned to the district court under this 10 section.’’. 11 (c) PLEADINGS AND PROCEEDINGS IN ENGLISH.— 12 All pleadings and proceedings in the United States Dis- 13 trict Court for the District of the Virgin Islands shall be 14 conducted in the English language. 15 (d) SAVINGS PROVISIONS.— 16 (1) PENDING CASES.—With respect to any com- 17 plaint or proceeding pending in the District Court of 18 the Virgin Islands on the day before the effective 19 date of this Act, such complaint or proceeding may, 20 on and after that effective date, be pursued to final 21 determination in the United States District Court 22 for the District of the Virgin Islands, the United 23 States Court of Appeals for the Third Circuit, the 24 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 9 •HR 1991 IH United States Court of Appeals for the Federal Cir- 1 cuit, and the United States Supreme Court. 2 (2) TENURE OF INCUMBENT JUDGES.—A judge 3 of the District Court of the Virgin Islands in office 4 on the day before the effective date of this section 5 shall continue in office on and after that effective 6 date until the expiration of the term for which the 7 judge was appointed, or until the judge dies, resigns, 8 or is removed from office, whichever occurs first. 9 When a vacancy occurs on the court on or after the 10 effective date of this section, the President, in ac- 11 cordance with section 133(a) of title 28, United 12 States Code, shall appoint, by and with the advice 13 and consent of the Senate, a district judge for the 14 District of the Virgin Islands. 15 (3) EXISTING OFFICERS OF THE COURT.—Any 16 individual who, on the day before the effective date 17 of this Act, is serving as the United States Attorney 18 for the Virgin Islands, or the United States marshal 19 for the Virgin Islands, may continue in such office 20 on and after that effective date until a successor is 21 appointed pursuant to the provisions of title 28, 22 United States Code. 23 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 10 •HR 1991 IH SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 1 (a) JUDICIAL COMPARISONS.—Section 333 of title 2 28, United States Code, is amended— 3 (1) by striking ‘‘, the District Court of the Vir- 4 gin Islands,’’; and 5 (2) by striking ‘‘to the conferences of their re- 6 spective circuits’’ and inserting ‘‘to the conference of 7 the ninth circuit’’. 8 (b) RETIREMENT AND SURVIVORS’ ANNUITIES.— 9 (1) RETIREMENT.—Section 373 of title 28, 10 United States Code, is amended in subsections (a) 11 and (e) by striking ‘‘, the District Court of the 12 Northern Mariana Islands, or the District Court of 13 the Virgin Islands’’ and inserting ‘‘or the District 14 Court of the Northern Mariana Islands’’. 15 (2) SURVIVORS’ ANNUITIES.—Section 376(a) of 16 title 28, United States Code, is amended in para- 17 graphs (1)(B) and (2)(B) by inserting ‘‘(as in effect 18 before the effective date of the Judicial District of 19 the Virgin Islands Act of 2009)’’ after ‘‘the District 20 Court of the Virgin Islands’’. 21 (3) RETIREMENT RIGHTS AND BENEFITS.—The 22 amendments made by this section shall not affect 23 the rights under sections 373 and 376 of title 28, 24 United States Code, of any judge of the District 25 Court of the Virgin Islands who retires before the ef- 26 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 11 •HR 1991 IH fective date of this section or who continues in office 1 on or after that date under subsection (c)(2) of this 2 section. Service as a judge of the District Court of 3 the Virgin Islands appointed under section 24 of the 4 Revised Organic Act of the Virgin Islands (48 5 U.S.C. 1614) shall be included in calculating service 6 under sections 371 and 372 of title 28, United 7 States Code, and shall not be counted for purposes 8 of section 373 of that title, if the judge is re- 9 appointed, after the effective date of this section, 10 under section 133(a) of title 28, United States Code, 11 as district judge for the District of the Virgin Is- 12 lands. 13 (c) INVESTIGATIONS BY ATTORNEY GENERAL.—Sec- 14 tion 526(a)(2) of title 28, United States Code, is amended 15 by striking ‘‘and of the district court of the Virgin Is- 16 lands’’. 17 (d) COURTS DEFINED.—Section 610 of title 28, 18 United States Code, is amended by striking ‘‘the United 19 States District Court for the District of the Canal Zone,’’ 20 and by striking ‘‘the District Court of the Virgin Is- 21 lands,’’. 22 (e) MAGISTRATE JUDGES.—Section 631(a) of title 23 28, United States Code, is amended— 24 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 12 •HR 1991 IH (1) in the first sentence, by striking ‘‘Virgin Is- 1 lands, Guam, and’’ and inserting ‘‘Guam and’’; and 2 (2) in the second sentence, by striking ‘‘Virgin 3 Islands, Guam, or’’ and inserting ‘‘Guam or’’. 4 (f) COURT REPORTERS.—Section 753(a) of title 28, 5 United States Code, is amended in the first paragraph by 6 striking ‘‘, the United States District Court for the Dis- 7 trict of the Canal Zone’’ and all that follows through ‘‘Vir- 8 gin Islands’’ and inserting ‘‘and the District Court of 9 Guam’’. 10 (g) COURTS OF APPEALS.— 11 (1) FINAL DECISIONS OF DISTRICT COURTS.— 12 Section 1291 of title 28, United States Code, is 13 amended by striking ‘‘, the United States District 14 Court for the District of the Canal Zone,’’ and all 15 that follows through ‘‘Virgin Islands’’ and inserting 16 ‘‘and the District Court of Guam’’. 17 (2) INTERLOCUTORY DECISIONS.—Section 1292 18 of title 28, United States Code, is amended— 19 (A) in subsection (a)(1), by striking ‘‘, the 20 United States District Court for the District of 21 the Canal Zone’’ and all that follows through 22 ‘‘Virgin Islands,’’ and inserting ‘‘and the Dis- 23 trict Court of Guam,’’; and 24 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 13 •HR 1991 IH (B) in subsection (d)(4)(A), by striking 1 ‘‘the District Court of the Virgin Islands,’’. 2 (3) CIRCUITS IN WHICH DECISIONS REVIEW- 3 ABLE.—Section 1294 of title 28, United States 4 Code, is amended— 5 (A) in paragraph (1), by striking ‘‘United 6 States to’’ and inserting ‘‘United States, to’’; 7 (B) by striking paragraphs (2) and (3); 8 and 9 (C) by redesignating paragraph (4) as 10 paragraph (2). 11 (h) COURT OF APPEALS FOR THE FEDERAL CIR- 12 CUIT.—Section 1295(a) of title 28, United States Code, 13 is amended in paragraphs (1) and (2) by striking ‘‘the 14 United States District Court for the District of the Canal 15 Zone’’ and all that follows through ‘‘Virgin Islands,’’ and 16 inserting ‘‘the District Court of Guam,’’. 17 (i) FEDERAL TORT CLAIMS.—Section 1346(b)(1) of 18 title 28, United States Code, is amended by striking ‘‘, 19 together with’’ and all that follows through ‘‘Virgin Is- 20 lands,’’. 21 (j) REPRESENTATION OF CERTAIN DEFENDANTS.— 22 Section 3006A(j) of title 18, United States Code, is 23 amended by striking ‘‘the District Court of the Virgin Is- 24 lands,’’. 25 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 14 •HR 1991 IH (k) VENUE.—Sections 1404(d) and 1406(c) of title 1 28, United States Code, are each amended by striking ‘‘, 2 the District Court for the Northern Mariana Islands, and 3 the District Court of the Virgin Islands,’’ and inserting 4 ‘‘and the District Court for the Northern Mariana Is- 5 lands,’’. 6 (l) BANKRUPTCY JUDGES.—The table contained in 7 section 152(a)(2) of title 28, United States Code, is 8 amended by inserting after the item relating to Vermont 9 the following new item: 10 ‘‘Virgin Islands ................................................................................... 2’’. (m) OTHER TITLE 18 AMENDMENTS.—(1) Section 11 23 of title 18, United States Code, is amended— 12 (A) by striking ‘‘Guam, the’’ and inserting 13 ‘‘Guam and’’; and 14 (B) by striking ‘‘, and the District Court of the 15 Virgin Islands’’. 16 (2) Section 6001(4) of title 18, United States Code, 17 is amended by striking ‘‘the District Court of the Virgin 18 Islands,’’. 19 SEC. 4. ADDITIONAL REFERENCES. 20 Any reference in any provision of law to the District 21 Court of the Virgin Islands shall, on and after the effective 22 date of this Act, be deemed to be a reference to the United 23 States District Court for the District of the Virgin Is- 24 lands. 25 VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS 15 •HR 1991 IH SEC. 5. EFFECTIVE DATE. 1 This Act and the amendments made by this Act shall 2 take effect at the end of the 90-day period beginning on 3 the date of the enactment of this Act. 4 Æ VerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6301 E:\BILLS\H1991.IH H1991 pwalker on PROD1PC71 with BILLS