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I 105TH CONGRESS 2D SESSION H. R. 3642 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 1, 1998 Ms. CHRISTIAN-GREEN 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 1998’’. 5 SEC. 2. ESTABLISHMENT OF DISTRICT COURT OF THE VIR- 6 GIN ISLANDS AS AN ARTICLE III COURT. 7 (a) ESTABLISHMENT.— 8 2 •HR 3642 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 8 cays. 9 ‘‘Court for the Saint Croix Division shall be 10 held at Christiansted. 11 ‘‘(2) The Saint Thomas and Saint John Divi- 12 sion comprises the Islands of Saint Thomas and 13 Saint John and adjacent islands and cays. 14 ‘‘Court for the Saint Thomas and Saint John 15 Division shall be held at Charlotte-Amalie.’’. 16 (2) CONFORMING AMENDMENT.—The table of 17 contents for chapter 5 of title 28, United States 18 Code, is amended by inserting after the item relating 19 to section 126 the following: 20 ‘‘126A. Virgin Islands.’’. (3) NUMBER OF JUDGES.—The table contained 21 in section 133(a) of title 28, United States Code, is 22 amended by inserting after the item relating to Ver- 23 mont the following: 24 ‘‘Virgin Islands .......................................................................................... 2’’. 3 •HR 3642 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25, 26, and 27 of the 3 Revised Organic Act of the Virgin Islands (48 4 U.S.C. 1615, 1616, and 1617) are repealed. 5 (2) BILL OF RIGHTS.—Section 3 of the Revised 6 Organic Act of the Virgin Islands (48 U.S.C. 1561) 7 is amended in the 23d undesignated paragraph— 8 (A) by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 4 •HR 3642 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 trial or appellate courts as may have 5 been or may hereafter be established by local law. The 6 local courts of the Virgin Islands shall have jurisdiction 7 over all causes of action in the Virgin Islands over which 8 any court established by the Constitution and laws of the 9 United States does not have exclusive jurisdiction. 10 ‘‘(b) PRACTICE AND PROCEDURE.—The rules govern- 11 ing the practice and procedure of the courts established 12 by local law and those prescribing the qualifications and 13 duties of the judges and officers thereof, oaths and bonds, 14 and the times and places of holding court shall be gov- 15 erned by local law or the rules promulgated by those 16 courts.’’. 17 (4) JURISDICTION OVER CRIMINAL MATTERS 18 AND INCOME TAX.—Section 22 of the Revised Or- 19 ganic Act of the Virgin Islands (48 U.S.C. 1612) is 20 amended to read as follows: 21 ‘‘SEC 22. JURISDICTION OVER CRIMINAL MATTERS AND IN- 22 COME TAX. 23 ‘‘(a) JURISDICTION OVER CRIMINAL MATTERS.— 24 Nothing in this title shall be contrued to remove or impair 25 5 •HR 3642 IH the jurisdiction of the courts of the Virgin Islands under 1 the laws thereof. 2 ‘‘(b) JURISDICTION OVER INCOME TAX MATTERS.— 3 The United States District Court for the District of the 4 Virgin Islands shall have exclusive jurisdiction over all 5 criminal and civil proceedings in the Virgin Islands with 6 respect to the income tax laws applicable to the Virgin 7 Islands, regardless of the degree of the offense or of the 8 amount involved, except the ancillary laws relating to the 9 income tax enacted by the legislature of the Virgin Islands. 10 Any act or failure to act with respect to the income tax 11 laws applicable to the Virgin Islands which would con- 12 stitute a criminal offense described in chapter 75 of sub- 13 title F of the Internal Revenue Code of 1986 shall con- 14 stitute an offense against the government of the Virgin 15 Islands and may be prosecuted in the name of the govern- 16 ment of the Virgin Islands by appropriate officers thereof 17 in the United States District Court for the District of the 18 Virgin Islands without the request or consent of the 19 United States attorney for the Virgin Islands.’’. 20 (5) RELATIONS BETWEEN UNITED STATES 21 COURTS AND LOCAL COURTS.—Section 23 of the Re- 22 vised Organic Act of the Virgin Islands (48 U.S.C. 23 1613) is amended to read as follows: 24 6 •HR 3642 IH ‘‘SEC. 23. RELATIONS BETWEEN COURTS OF THE UNITED 1 STATES AND LOCAL COURTS. 2 ‘‘(a) IN GENERAL.—The relations between the courts 3 established by the Constitution or laws of the United 4 States (including the United States District Court for the 5 District of the Virgin Islands) and the courts established 6 by local law with respect to appeals, certiorari, removal 7 of causes, the issuance of writs of habeas corpus, and 8 other matters or proceedings shall be governed by the laws 9 of the United States pertaining to the relations between 10 the courts of the United States, including the Supreme 11 Court of the United States, and the courts of the several 12 States in such matters and proceedings, except that for 13 the first 15 years following the establishment of the appel- 14 late court authorized by section 21(a) of this Act, the 15 United States Court of Appeals for the Third Circuit shall 16 have jurisdiction to review by writ of certiorari all final 17 decisions of the highest court of the Virgin Islands from 18 which a decision could be had. 19 ‘‘(b) REPORTS TO CONGRESS.—The Judicial Council 20 of the Third Circuit shall submit reports to the Committee 21 on Energy and Natural Resources of the Senate and the 22 Committee on Resources of the House of Representatives 23 at intervals of 5 years following the establishment of the 24 such appellate court authorized by section 21(a) of this 25 Act as to whether that court has developed sufficient insti- 26 7 •HR 3642 IH tutional traditions to justify direct review by the Supreme 1 Court of the United States from all final decisions of the 2 highest court of the Virgin Islands. 3 ‘‘(c) RULES.—The United States Court of Appeals 4 for the Third Circuit shall have jurisdiction to promulgate 5 rules necessary to carry out the provisions of this sec- 6 tion.’’. 7 (6) APPELLATE JURISDICTION OF DISTRICT 8 COURT.—Section 23A of the Revised Organic Act of 9 the Virgin Islands (48 U.S.C. 1613a) is amended by 10 striking ‘‘District Court of the Virgin Islands’’ each 11 place it appears and inserting ‘‘United States Dis- 12 trict Court for the District of the Virgin Islands’’. 13 (7) ASSIGNMENT OF ADDITIONAL JUDGES TO 14 THE COURT.—Section 24 of the Revised Organic Act 15 of the Virgin Islands (48 U.S.C. 1613) is amended 16 to read as follows: 17 ‘‘SEC. 24. ASSIGNMENT OF ADDITIONAL JUDGES TO THE 18 COURT. 19 ‘‘Whenever it appears to be necessary for the proper 20 dispatch of the business of the United States District 21 Court for the District of the Virgin Islands— 22 ‘‘(1) the chief judge of the Third Judicial Cir- 23 cuit of the United States may assign— 24 8 •HR 3642 IH ‘‘(A) a judge of a court of record of the 1 Virgin Islands established by local law, 2 ‘‘(B) a circuit or district judge of the 3 Third Judicial Circuit, or 4 ‘‘(C) a recalled senior judge of the District 5 Court of the Virgin Islands, or 6 ‘‘(2) the Chief Justice of the United States may 7 assign any other United States circuit or district 8 judge, with the consent of that judge and the chief 9 judge of the circuit from which the judge is as- 10 signed, 11 to serve temporarily as a judge of the United States Dis- 12 trict Court for the District of the Virgin Islands. After 13 the establishment of the appellate court authorized by sec- 14 tion 21(a) of this Act, no judge described in paragraph 15 (1)(A) may be assigned to the district court under this 16 section.’’. 17 (c) PLEADINGS AND PROCEEDINGS IN ENGLISH.— 18 All pleadings and proceedings in the United States Dis- 19 trict Court for the District of the Virgin Islands shall be 20 conducted in the English language. 21 (d) SAVINGS PROVISIONS.— 22 (1) PENDING CASES.—With respect to any com- 23 plaint or proceeding pending in the District Court of 24 the Virgin Islands on the day before the effective 25 9 •HR 3642 IH date of this Act, such complaint or proceeding may, 1 on and after such effective date, be pursued to final 2 determination in the United States District Court 3 for the District of the Virgin Islands, the United 4 States Court of Appeals for the Third Circuit, and 5 the United States Supreme Court. 6 (2) EXISTING OFFICERS OF THE COURT.—Any 7 individual who, on the effective date of this Act, is 8 serving as the United States Attorney for the Virgin 9 Islands, or the United States marshal for the Virgin 10 Islands, may continue in such office until a succes- 11 sor is appointed pursuant to the provisions of title 12 28, United States Code. 13 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 14 (a) RETIREMENT AND SURVIVORS’ ANNUITIES.— 15 (1) RETIREMENT.—Section 373 of title 28, 16 United States Code, is amended in subsections (a) 17 and (e) by striking ‘‘, the District court of the 18 Northern Mariana Islands, or the District Court of 19 the Virgin Islands’’ and inserting ‘‘or the District 20 Court of the Northern Mariana Islands’’. 21 (2) SURVIVORS’ ANNUITIES.—Section 376(a) of 22 title 28, United States Code, is amended in para- 23 graphs (1)(B) and (2)(B) by inserting ‘‘(as in effect 24 before the effective date of the Judicial District of 25 10 •HR 3642 IH the Virgin Islands Act of 1998)’’ after ‘‘the District 1 Court of the Virgin Islands’’. 2 (3) CALCULATION OF SERVICE AS A JUDGE.— 3 In the case of a judge of a district court retiring 4 under section 371 of title 28, United States Code, 5 service by the judge as a judge of the District Court 6 of the Virgin Islands before the effective date of this 7 Act shall be included in calculating service under 8 section 371(c) of such title. 9 (4) RIGHTS OF EXISTING RETIREES NOT AF- 10 FECTED.—Nothing in this Act shall be construed to 11 affect the rights of any judge who has retired as a 12 judge of the District Court of the Virgin Islands be- 13 fore the effective date of this Act. 14 (b) COURTS DEFINED.—Section 610 of title 28, 15 United States Code, is amended by striking ‘‘the District 16 Court of the Virgin Islands’’. 17 (c) MAGISTRATE JUDGES.—Section 631(a) of title 18 28, United States Code, is amended by striking ‘‘and the 19 district court of the Virgin Islands’’. 20 (d) INVESTIGATIONS BY ATTORNEY GENERAL.—Sec- 21 tion 526(a)(2) of title 28, United States Code, is amended 22 by striking ‘‘and of the district court of the Virgin Is- 23 lands’’. 24 11 •HR 3642 IH (e) COURTS OF APPEALS.—Section 1291 of title 28, 1 United States Code, is amended by striking ‘‘, the United 2 States District Court for the District of the Canal Zone.’’ 3 and all that follows through ‘‘Virgin Islands’’ and insert- 4 ing ‘‘and the District Court of Guam.’’. 5 (f) COURT OF APPEALS FOR THE FEDERAL CIR- 6 CUIT.—Section 1295(a) of title 28, United States Code, 7 is amended in paragraphs (1) and (2) by striking ‘‘the 8 United States District Court for the District of the Canal 9 Zone’’ and all that follows through ‘‘Virgin Islands.’’ and 10 inserting ‘‘the District Court of Guam.’’. 11 (g) FEDERAL TORT CLAIMS.—Section 1346(b) of 12 title 28, United States Code, is amended by striking ‘‘, 13 together with’’ and all that follows through ‘‘Virgin Is- 14 lands,’’. 15 (h) COURT REPORTERS.—Section 753(a) of title 28, 16 United States Code, is amended in the first paragraph by 17 striking ‘‘, the United States District Court for the Dis- 18 trict of the Canal Zone’’ and all that follows through ‘‘Vir- 19 gin Islands’’ and inserting ‘‘and the District Court of 20 Guam’’. 21 (i) 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 12 •HR 3642 IH SEC. 4. ADDITIONAL REFERENCES. 1 Any reference in any provision of law to the ‘‘District 2 Court of the Virgin Islands’’ shall, after the effective date 3 of this Act, be deemed to be a reference to the United 4 States District Court for the District of the Virgin Is- 5 lands. 6 SEC. 5. EFFECTIVE DATE. 7 This Act and the amendments made by this Act shall 8 take effect at the end of the 90-day period beginning on 9 the date of the enactment of this Act. 10 Æ