USVI Public Records

Except as with respect to the Supreme Court the Territory of the Virgin Islands is divided into two judicial divisions: the division of Saint Croix, comprising the island of Saint Croix and adjacent islands and cays, and the division of Saint Thomas and Saint John, comprising the islands of Saint Thomas and Saint John and adjacent islands and cays. The division of Saint Croix is subdivided into two jurisdictions: the Christiansted jurisdiction comprising the town of Christiansted and the North Side B, King's, Queen's, Company's, East End A and East End B quarters of Saint Croix, Buck Island, and adjacent islets and cays, and the Frederiksted jurisdiction comprising the town of Frederiksted, and the North Side A, West End and Prince's quarters of Saint Croix and adjacent islets and cays. History: Amended Oct. 29, 2004, No. 6687, § 1(a), Sess. L. 2004, p. 179.

(a) The judicial power of the Territory is vested in a court of general jurisdiction created by section 21 of the Revised Organic Act of the Virgin Islands, approved July 22, 1954, as amended, designated the "District Court of the Virgin Islands", and in courts of local jurisdiction to be designated the "Superior Court of the Virgin Islands" and the court of last resort established pursuant to section 21(b) of the Revised Organic Act, "The Supreme Court of the Virgin Islands." Each court is a court of record. (b) Nothing contained in this title may be construed to grant authority to the Governor of the Virgin Islands to remove the Chief Justice of the Supreme Court of the Virgin Islands, or any justice of the Supreme Court during the justice's term of office, or the Presiding Judge of the Superior Court of the Virgin Islands, or any judge of the Superior Court or magistrate judge of the Superior Court during the judge's or magistrate judge's term of office. History: Amended Feb. 8, 1965, No. 1291, § 1, Sess. L. 1965, Pt. I, p. 7; Sept. 9, 1976, No. 3876, § 1, Sess. L. 1976, p. 187; Oct. 29, 2004, No. 6687, § 1(b), Sess. L. 2004, p. 179; amended July 30, 2016, No. 7888, § 19, Sess. L. 2016, p. 115.

On and after March 1, 1965, the two municipal courts heretofore known as the Municipal Court of St. Croix and the Municipal Court of St. Thomas and St. John are consolidated into a single court which shall be designated "The Municipal Court of the Virgin Islands", as provided by section 2 of this title. History: Feb. 8, 1965, No. 1291, § 14, Sess. L. 1965, Pt. I, p. 11.

(a) The Chief Justice serves as the administrative head of the judicial branch of the Virgin Islands, and the Supreme Court as the administrative policy-making body of the entire Virgin Islands court system pursuant to 4 V.I.C. §§ 30, 31(d)(1)(3), and 32(e) and (f). (b) Under the administrative policies established by the Supreme Court and the management authority of the Chief Justice, the Supreme Court shall establish the Judicial Branch Administrative Office headed by the Administrator of Courts appointed by the Chief Justice. (c) The Administrator of Courts may perform the following functions, subject to the administrative authority of the Supreme Court and the Chief Justice: (1) considering and evaluating the business of Virgin Islands courts and means of improving the administration of justice within the Virgin Islands court system and adopting policy and rules for the operations of all local Virgin Islands courts, including, personnel, procurement, facilities and property, financial, security, and travel, as well as developing, implementing, coordinating, and monitoring strategic plans as well as administrative and other policies; (2) assisting the Chief Justice in preparing and publishing an annual report of the judicial branch and the Virgin Islands court system regarding the works of the courts, the performance of the duties enumerated in this section, and of any recommendations relating to the courts, as well as preparing a single annual budget request for the judicial branch, including funding for operations of the Supreme Court, the Superior Court, and the Judicial Council, to the President of the Legislature, with a copy to the Governor, on or before May 30 of each year; (3) recommending to the Legislature of the Virgin Islands, as appropriate, changes to the organization, jurisdiction, operation, and procedures of the courts which are appropriate for legislative action, as well as any other changes that promote the effective and expeditious administration of the judicial branch and the Virgin Islands court system; (4) establishing, coordinating, and monitoring compliance with general personnel policies for the judicial branch and all Virgin Islands court system personnel; however, justices, judges, and magistrate judges shall have full authority to control their personal chamber staff, subject to the general policies of the courts, as established by the Supreme Court. Law clerks and judicial secretaries constitute personal chamber staff; (5) developing, implementing, coordinating, and enforcing all matters throughout the judicial branch relating to policies, standards, procedures, programs, and personnel with respect to the following areas: (A) budgets, accounts, and auditing, including oversight of the expenditure of funds consistent with the judicial branch's budget; (B) procurement and disbursement; (C) jury management; (D) the safety of justices, judges, magistrate judges, court personnel, court facilities, and members of the public using court facilities, as well as the orderly conduct of judicial proceedings and continuity of judicial branch operations; (E) case and records management; (F) information technology; (G) continuing professional education, as are desirable and feasible for justices, judges, magistrate judges, and court personnel from the National Center for State Courts, National Judicial College, or other such providers; (H) statistical and management information systems, including the collection and analysis of quantitative and qualitative data and the evaluation of court system programs and services; (I) library management; and (J) procuring legal services to enforce any rights granted to the Virgin Islands court system or to represent individual judges, justices, magistrate judges, supervisors, and other court personnel in legal matters arising from performance of their official duties, provided that the Administrator of Courts may not personally serve as the attorney for any judicial officer or interfere with the attorney-client relationship; (6) approving bonds of fiduciary employees within the Virgin Islands court system; (7) serving as a liaison between the Virgin Islands court system and the court systems of other state, federal, and territorial jurisdictions, including, the District Court of the Virgin Islands and the United States Court of Appeals for the Third Circuit; (8) developing, implementing, coordinating and enforcing programs, policies, and procedures designed to educate and liaise with the general public, the news media, the Virgin Islands Bar Association, the Legislature, and executive branch agencies, including development and dissemination of educational materials to better inform the public regarding the laws and judicial procedures governing the Virgin Islands, accessing the courts, and the responsibilities of litigants, witnesses, and jurors; (9) employing, retaining, or contracting for the services of qualified specialists or experts, as individuals or organizations, to advise and assist the judicial officers and employees of the Virgin Islands court system in the fulfillment of their duties; (10) proposing the adoption of filing fees and other fees in the Virgin Islands court system; (11) leasing, evicting, or suing on behalf of the Virgin Islands court system, relative to court properties, equipment, and facilities; and (12) other policies and practices of the Virgin Islands court system, including such additional duties as may be assigned by the Supreme Court or the Chief Justice. History: Added July 30, 2016, No. 7888, § 1, Sess. L. 2016, p. 104-106.

(a) The Supreme Court shall establish an advisory committee to assist the Supreme Court, the Chief Justice, the Presiding Judge, the Superior Court, and the Administrative Office in exercising their administrative duties. The Chief Justice shall serve as chair of the advisory committee and the other members must include: the Presiding Judge of the Superior Court, another Superior Court judge and a magistrate judge both selected by the Presiding Judge of that court, and two Associate Justices of the Supreme Court selected by that Court or the Chief Justice. The Administrator of Courts and any other individuals designated by the advisory committee in its charter may serve as ex officio members who may attend meetings. (b) The advisory committee shall provide advice to the Chief Justice, the Supreme Court, the Presiding Judge, the Superior Court, and the Administrative Office with respect to the following areas: (1) development and implementation of system-wide administrative policies; (2) preparation of the judicial branch's budget, including allocation of funds amongst the courts; (3) personnel management; (4) management of judicial records; (5) facilities management; (6) information technology; and (7) all other matters relating to the management of the Virgin Islands court system. (c) Nothing contained in this section may be construed directly or by implication to derogate or limit the powers conferred upon the Supreme Court, the Chief Justice, the Superior Court, the Presiding Judge of the Superior Court, or the judicial branch pursuant to their inherent powers or by virtue of any provision of the Revised Organic Act of the Virgin Islands or any statute or constitution of the Virgin Islands. Additionally, nothing in this section may be construed to abrogate the judicial independence of the Supreme or Superior Courts. History: Added July 30, 2016, No. 7888, § 1, Sess. L. 2016, p. 106, 107.

The Chief Justice may call for judicial conferences to discuss any matter that affects the administration of the Virgin Islands judiciary. Every justice, judge, and magistrate judge of the Virgin Islands judiciary is entitled to attend the judicial conference. Non-judges, such as the Attorney General, clerks of court, and other stakeholders, may attend or address the judicial conference upon invitation of the Chief Justice. History: Added July 30, 2016, No. 7888, § 1, Sess. L. 2016, p. 107.

The Supreme Court of the Virgin Islands is established pursuant to section 21(a) of the Revised Organic Act of the Virgin Islands, as amended, as the highest court of the Virgin Islands and in it shall be reposed the supreme judicial power of the Territory. As used in this chapter, "Supreme Court" or "Court" means the Supreme Court of the Virgin Islands established under this section. (a) The Supreme Court shall consist of a Chief Justice of the Virgin Islands and no fewer than two but no more than four associate justices. Any decision must be concurred in by a majority of the justices of the Court, but one of the justices may adjourn the Court from day to day or to a day certain. (b) (1) The Supreme Court shall hold one term annually, commencing at such time and continuing for such period as it may by rule determine. (2) The Supreme Court shall hold regular sessions on the island of St. Croix, commencing at such times and continuing for such periods as the Court from time to time directs. (3) The Court may hold special sessions from time to time in any location throughout the Territory, as the Chief Justice considers appropriate. (4) The offices or chambers of the respective justices need not be in St. Thomas, but may be located in the island where the justices respectively reside. (c) The Supreme Court may transact business at any time. Adjournments from day to day, or from time to time, are construed as recesses in the sessions, and do not prevent the Supreme Court from sitting at any time. (d) The seal of the Supreme Court shall be the Great Seal of the Government of the Virgin Islands, as set forth in Title 1 Virgin Islands Code, chapter 7, section 108(b), substituting the words "Supreme Court of the Virgin Islands" around the vignette of the seal. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 179; amended Mar. 5, 2005, No. 6730, § 61, Sess. L. 2005, p. 138; amended Oct. 1, 2016, No. 7888, § 2(a), Sess. L. 2016, p. 107.

Prohibitions On Practice of Law and Outside Employment (a) The Governor shall appoint, with the advice and consent of the Legislature, no fewer than three but no more than five justices and subject to the advice and consent of the Legislature, appoint a qualified person to fill any vacancy occurring in the office of justice in the Supreme Court. (b) No person may be nominated or appointed a justice of the Supreme Court of the Virgin Islands, unless the person (1) is a citizen of the United States; (2) is an active member of the Virgin Islands Bar Association and has been engaged in the active practice of law in the Virgin Islands for the ten years preceding the nomination, or has been employed as an attorney or judge by the Government of the Virgin Islands or United States in the Virgin Islands for ten years preceding the nomination; (3) is a bona fide resident of the Virgin Islands and has maintained a domicile in Virgin Islands for at least ten years prior to the nomination. (c) The Governor may not send a nomination for a justice of the Supreme Court to the Legislature for confirmation without having given seven days' public notice in a newspaper of general circulation designated pursuant to section 251(a) of title 31, of this Code. (d) The justices of the Supreme Court shall hold their offices for an initial term of ten years and may be reappointed for ten-year terms. Justices of the Supreme Court shall continue in office until their successors are appointed and confirmed, or until they are renominated and confirmed; but unless they have been renominated and confirmed, they may not remain in office more than 180 days after the expiration of their terms. (e) A justice of the Supreme Court shall retain residency in the Virgin Islands while serving as a justice. (f) (1) The term of office of the Chief Justice is five years and commences on the sixty-first day following his election and expires at 10 a.m. five years from the date of commencement. (2) Not later than sixty days before the expiration of a Chief Justice's term, a majority of the full-time justices sitting en banc shall by secret ballot select from among their members a Chief Justice for a five year-term. If the ballot fails to produce a majority vote due to abstention, failure to vote, vacancy, absence or otherwise, then the justice most senior in commission not to having previously served as Chief Justice shall serve as Chief Justice for a five-year term. If the ballot fails to produce a majority vote and if all justices have previously served as Chief Justice, the justice who served earliest in time as Chief Justice shall serve as Chief Justice for a five-year term. (3) An eligible justice may decline to serve as Chief Justice. The Chief Justice may resign the office of Chief Justice without resigning from the office of justice of the Supreme Court. (4) Within ten days after each election, the Clerk of the Supreme Court shall certify to the Governor and President of the Legislature the name of the justice selected to serve as Chief Justice. (g) Supreme Court justices may not practice law or do law business nor may they accept, during their terms of office, any public appointment or employment for which they receive compensation for their services. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 180; amended Mar. 5, 2005, No. 6730, §§ 50(a), (b), Sess. L. 2005, p. 136; Dec. 22, 2007, No. 6985, § 1, Sess. L. 2007, p. 230; amended Oct. 1, 2016, No. 7888, § 2(b)(1)-(4), Sess. L. 2016, p. 107; amended Nov. 2, 2016, No. 7949, § 1, Sess. L. 2016, p. 211.

(a) The Chief Justice presides at all sessions of the Supreme Court. (b) Whenever the Chief Justice of the Supreme Court of Virgin Islands is, because of illness, disqualification, conflict, recusal, or by any other temporary absence disabled from actively performing his duties as Chief Justice, or those ex-officio duties imposed upon him by law, or is absent from the court or the office is vacant, then, in either event, the duties so imposed upon him shall be performed by the available associate justice of the Supreme Court in order of seniority, based upon continuous length of service on the Court, and such an associate justice of the Supreme Court shall perform all of the duties in lieu of the Chief Justice during the latter's disability or absence from the court. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 181; amended Mar. 5, 2005, No. 6730, § 51, Sess. L. 2005, p. 136.

(a) In addition to the justices appointed under subsection 22(a), the Chief Justice may appoint any judge of a court of record in the Virgin Islands or any senior or retired justice to sit as a designated justice of the Supreme Court of the Virgin Islands. A retired judge may also be appointed as a designated justice of the Supreme Court, but only with the judge's consent. An appointment as a designated justice shall be for any specific cases that a regular justice of the Court is unable to hear for any reason, including illness, absence or a conflict of interest. The designated justice shall sit as assigned by the Chief Justice, and while sitting shall have all the powers of an associate justice. (b) Subject to rules of the Supreme Court of the Virgin Islands, (1) A justice of the Supreme Court who has retired on a retirement allowance may, with his consent, be recalled by the Supreme Court for temporary service in the Supreme Court or elsewhere within the judicial system; or (2) A justice of the Supreme Court who is eligible for retirement, other than by disability, with the prior consent of a majority of the members of the Court, may elect to retire and be designated a senior justice; and (3) A judge of the Superior Court who has retired on retirement allowance may, with his consent, be recalled by the Supreme Court for temporary service within the judicial system. (c) Upon such recall or designation under subsection (a) or (b), the retired justice or judge shall have all the powers of a justice or judge of the court to which he is assigned, and while performing the duties of a justice or judge, shall be furnished office space, support staff, a telephone, and supplies as are furnished a justice of the Court. As compensation, a recalled or designated justice or judge shall receive a per-diem allowance fixed by the rules of the Supreme Court. In addition the recalled justice or judge shall be reimbursed for reasonable expenses actually incurred by him in connection with his assignment and shall be provided with such facilities as may be required in the performance of his duties. The per-diem compensation and expenses shall be paid by the Supreme Court or Superior Court, as provided by rules. (d) Payment for services and expenses shall be made in the same manner as payment is made to the justices or judges of the court from which he retired. (e) Nothing in this section may be construed to increase the number of justices of the Supreme Court provided for in section 21 of this chapter. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 181; amended Mar. 5, 2005, No. 6730, §§ 52(a), (b), Sess. L. 2005, p. 136; Dec. 22, 2007, No. 6985, § 2, Sess. L. 2007, p. 230.

Pursuant to title 4 V.I.C. chapter 36, a justice of the Supreme Court shall be involuntarily retired from office when the Commission on Judicial Conduct determines that the justice suffers from a mental or physical disability, including habitual intemperance, which prevents, or seriously interferes with, the proper performance of his judicial duties, and the Commission files in the Supreme Court an order of involuntary retirement and the order is affirmed on appeal or the time within which an appeal may be taken from the order has expired. A justice retired by the commission shall be deemed to have retired voluntarily. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 182.

(a) No justice who is a member of the Government Employees Retirement System, while receiving a retirement annuity in connection with retirement from service under this chapter, may engage in the practice of law before any of the courts of the Virgin Islands as an employee or officer of the Government of the Virgin Islands or its autonomous or semiautonomous agencies or instrumentalities. (b) Any justice who resigns or retires from the Supreme Court is prohibited from practicing before the Supreme Court for twenty-four months following the effective date of the justice's resignation or retirement. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 182.

(a) The Justices of the Supreme Court are subject to removal pursuant to title 4 V.I.C. chapter 36, and any justice removed may not exercise his office until exonerated. (b) A justice who becomes a candidate for an elective public office shall thereby forfeit his judicial office. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 183.

The Supreme Court shall make rules for the conduct of justices, both on and off the bench. In addition, the Supreme Court may adopt the relevant and applicable provisions of the American Bar Association Model Code of Judicial Conduct to govern the conduct of justices. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 183.

(a) The Chief Justice shall receive as compensation an annual salary fifteen percent higher than the annual salary of the presiding judge of the Superior Court, and each of the full-time associate justices shall receive an annual salary five thousand dollars lower than the annual salary of the Chief Justice. Justices of the Supreme Court of the Virgin Islands are officers of the Government of the Virgin Islands. (b) Salaries and expenses of justices of the Supreme Court of the Virgin Islands must be paid out of the Treasury of the Virgin Islands and constitute the total compensation for all duties performed by, and all expenses of, justices of the Supreme Court, and there may be no further payment made to or accepted by them for the performance of any duties required to be performed by them as justices under this chapter or under other law. (c) The compensation of a justice may not be reduced during the justice's term of office. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 183.

(a) The Supreme Court may employ such professional, administrative and clerical personnel as it considers necessary. (b) The Chief Justice of the Supreme Court may appoint and fix the terms, duties and compensation of the officers and employees of the Court. (c) (1) The Supreme Court may use and occupy such buildings and facilities as may be made available to it. (2) The Supreme Court may obtain such office space for each of the justices thereof as is necessary and appropriate to permit the justices to carry out their duties properly. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 183.

(a) Decisions concerning substantive matters. In hearing and determining the merits of cases before it, the Supreme Court initially sits in a three justice panel. A decision is determined by a majority vote of a panel. If a majority of the panel is unable to agree on a decision, the decision appealed from is affirmed. The Supreme Court, if it consists of more than three justices, may hear en banc any case decided or dismissed by a panel, or transfer any case pending before a panel to the en banc court. The Supreme Court shall promulgate court rules for considering cases en banc and for assignment of justices to panels. (b) Decisions concerning procedural matters. As provided by the Court's rules, the Supreme Court may appropriately delegate to a justice of the Court the authority to determine procedural matters incident to an appeal and other procedural matters requiring determination pending decision on the merits. (1) The Chief Justice alone, or an Associate Justice sitting in the place of the Chief Justice, may make any appropriate order with respect to an appeal or dismiss an appeal for want of jurisdiction or failure to take or prosecute an appeal in accordance with applicable law or rules of procedure. (2) Each of the justices shall have the power to issue writs of habeas corpus upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or before the Supreme Court or before any local court or judge thereof on behalf of any person held in custody. (c) Operating matters. The Supreme Court shall adopt its own internal operating rules as well as its own Rules of Appellate Procedure, which the Supreme Court may amend from time to time as it considers appropriate. Unless provided otherwise by law, the Supreme Court may regulate its practice in any manner. (d) Administrative matters. (1) As administrative head of the courts in this regard, the Chief Justice shall appoint a Clerk of the Supreme Court, who has the authority with the advice and approval of the Chief Justice to establish a Clerk's Office to operate the day-to-day clerk functions of the Court. (2) In meeting the responsibility as administrative head of the courts, the Chief Justice shall receive the advice and cooperation of all persons and bodies interested in the administration of justice, including, the judges of all courts in the Virgin Islands, the Judicial Council, the Commission on Judicial Conduct, the Virgin Islands Bar Association and all other appropriate judicial and legal organizations. (3) The Chief Justice, in addition to judicial duties, has general superintendence of the administration of the trial courts established by law, including, without limitation, the improvement of the administration of such courts and the securing of their proper and efficient administration. The Chief Justice may issue such administrative orders on behalf of the Supreme Court of the Virgin Islands as necessary for the efficient administration of the judicial branch of the Virgin Islands. In order to achieve the ends stated in this paragraph, the Chief Justice has general superintendence of court personnel, facilities, administration, security, and court business and has the authority necessary to carry out these responsibilities including, but not limited to, the following: (A) the responsibility to provide planning and policy-making functions, including the implementation of such planning and policy-making decisions; (B) the authority to approve expenditures for all libraries maintained by the territorial courts; (C) the responsibility to provide facilities management, including the responsibility to monitor and to assist in the case processing and case flow management capabilities of the courts; and (D) the responsibility to supervise the implementation of the continuing education programs for judicial and non-judicial personnel. (4) (A) The Chief Justice shall make a written report on the state of the court system and the judiciary for the past fiscal year and shall deliver the report accompanied by recommendations and a proposed annual budget, to the Governor, the President of the Legislature on or before May 30 of each year. (B) The report must include an account of all transfers of appropriated funds among line items and a schedule of all personnel transferred within the judicial system for the past fiscal year and contemplated for the current fiscal year. The reports shall be matter of public record. (5) Except as otherwise specified by other law, on the date the Chief Justice of the Supreme Court of the Virgin Islands establishes the Judicial Branch Administrative Office, the administrative powers formerly entrusted to the Presiding Judge of the Superior Court pursuant to section 72b of this title and other provisions of law are abolished to the extent they are inconsistent with the powers of the Chief Justice, the Supreme Court, and the Administrative Office. The Presiding Judge, among other powers conferred by this title, shall retain the administrative power to oversee the work of and distribution of cases amongst the judges and magistrate judges of the Superior Court, to appoint and oversee the Clerk of the Superior Court, and to promulgate, with the approval of the Supreme Court, rules of the Superior Court not inconsistent with the rules of practice and procedure promulgated by the Supreme Court. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 184; amended Oct. 18, 2007, No. 6965, § 5(a)-(f), Sess. L. 2007, p. 135; amended July 30, 2016, No. 7888, § 3(a)(1), (2)(A)-(F), Sess. L. 2016, p. 107, 108.

(a) The Supreme Court shall have jurisdiction over all appeals arising from final judgments, final decrees or final orders of the Superior Court, or as otherwise provided by law. (b) The Supreme Court shall have all inherent powers, including the power to issue all writs necessary to the complete exercise of its duties and jurisdiction under the laws of the Virgin Islands, including those orders necessary for the supervision of the judicial branch of the Virgin Islands. The Supreme Court has supervisory jurisdiction over the Superior Court of the Virgin Islands and all other courts of the judicial branch of the Virgin Islands. The Supreme Court's authority also includes jurisdiction of original proceedings for mandamus, prohibition, injunction, and similar remedies to protect its appellate jurisdiction. (c) Upon an appeal from a judgment or an order, the Supreme Court may reverse or affirm, wholly or in part, or may modify the judgment or order appealed from, and each interlocutory judgment or intermediate or other order that it is authorized to review, and as to any or all of the parties. The Court shall thereupon render judgment of affirmance, judgment of reversal and final judgment upon the right of any or all of the parties, or judgment of modification thereon according to law, except where it may be necessary or proper to grant a new trial or hearing, when it may grant a new trial or hearing. (d) The Supreme Court may transfer any action or proceeding, except one over which it has exclusive jurisdiction which does not depend upon the monetary amount sought, to any other court within the judicial branch, having jurisdiction of the subject matter if such other court has jurisdiction over the classes of persons named as parties. The Supreme Court may transfer to itself any action or proceeding originated or pending in another local court or administrative agency within the Territory upon a finding that such a transfer will promote the administration of justice. The Supreme Court shall provide, by rules of court, for the time and procedure for transfer and for review, including, among other things, provisions for the time and procedure for transfer with instructions for review of all or part of a decision, and for remand as improvidently granted. (e) Regulation of bar. The Supreme Court has exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted to the practice of law. (f) (1) The Superior Court shall subject to the approval of the Supreme Court adopt the rules of court for the Superior Court of the Virgin Islands consistent with section 21(c) of thesection 21(c) of the Revised Organic Actds. (2) The Supreme Court shall adopt rules governing civil and criminal procedure, evidence, judicial discipline, disability, ethics, admission to and governance of the bar of the Virgin Islands, the administration of the judiciary and the practice and procedure in the courts of the judicial branch of the Virgin Islands and other matters of judicial administration. (3) In carrying out the mandate of paragraph (2), the Chief Justice may appoint a committee to recommend the adoption of rules consisting of two judges of the Superior Court and at least two members of the Virgin Islands Bar Association. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 185; amended Dec. 22, 2007, No. 6985, § 3, Sess. L. 2007, p. 230; amended July 30, 2016, No. 7888, § 3(b)(1), (2)(A)-(C), Sess. L. 2016, p. 109.

(a) Appealable judgments and orders to the Supreme Court shall be available only upon the entry of final judgment in the Superior Court from which appeal or application for review is taken. (b) Interlocutory review-civil. The Supreme Court of the Virgin Islands has jurisdiction of appeals from: (1) Interlocutory orders of the Superior Court of the Virgin Islands, or of the judges thereof, granting, continuing, modifying, refusing or dissolving injunctions, or refusing to dissolve or modify injunctions; (2) Interlocutory orders appointing receivers, or refusing orders to wind up receiverships or to take steps to accomplish the purposes thereof, such as directing sales or other disposals of property; (c) Whenever the Superior Court judge, in making a civil action or order not otherwise appealable under this section, is of the opinion that the order involves a controlling question of law as to which there is substantial ground for difference of opinion and that an immediate appeal from the order may materially advance the ultimate termination of litigation, the judge shall so state in the order. The Supreme Court of the Virgin Islands may thereupon, in its discretion, permit an appeal to be taken from the order, if application is made to it within ten days after the entry of the order; except that application for an appeal hereunder may not stay proceedings, in the Superior Court unless the Superior Court judge or the Supreme Court or a justice thereof orders a stay of the proceedings. (d) Review-criminal. (1) In a criminal case an appeal by the Government of the Virgin Islands shall lie to the Supreme Court from a decision, judgment, or order of the Superior Court dismissing an indictment or information or otherwise terminating a prosecution in favor of the defendant, as to any one or more counts, or any part thereof, except that no appeal shall lie where the double jeopardy clause of the United States Constitution or the ReUnited States Constitutions further prosecution. (2) An appeal by the Government of the Virgin Islands shall lie to the Supreme Court from a decision or order of the Superior Court suppressing or excluding evidence or requiring the return of seized property in a criminal proceeding, not made after the defendant has been put in jeopardy and before the verdict or finding on an indictment or information, if the Attorney General conducting the prosecution certifies to the Superior Court judge that the appeal is not taken for purpose of delay and that the evidence is a substantial proof of a fact material in the proceeding. The trial court shall adjourn or continue the trial until the appeal is resolved. The appeal shall be determined promptly. (3) An appeal by the Government of the Virgin Islands shall lie to the Supreme Court from a decision or order, entered by the Superior Court, granting the release of a person charged with or convicted of an offense, or denying a motion for revocation of, or modification of the conditions of, a decision or order granting release. The appeal shall be determined promptly. (4) An appeal by a defendant or person ordered detained pursuant to section 35section 3504a, of title 5 of the Virgin Islands Codeprovision of law, shall lie to the Supreme Court from a decision or order, entered by the Superior Court, detaining a person charged with or convicted of an offense, or denying a motion for revocation of, or modification of the conditions of, a decision or order of detention. The appeal shall be determined promptly. (5) The appeal in all such cases shall be taken within thirty days after the decision, judgment or order has been rendered and shall be diligently prosecuted. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 186; amended Mar. 5, 2005, No. 6730, § 53, Sess. L. 2005, p. 136.

(a) The Supreme Court may, from time to time, promulgate or amend general rules, or where it considers it best for the advancement of justice, may make special orders, provide for the conduct of the business of the Court, and regulate the practice and procedure governing causes and proceedings in the Court, provide for the holding of regular and special sessions, fix the time of and otherwise regulate the return of process issued out of the Court, and fix the fees that shall be paid and the costs that shall be assessed in the Court. All such fees and costs shall be credited to the General Fund of the Treasury of the Virgin Islands. (b) The Rules may not abridge, enlarge or modify any substantive right of any party. History: Added Oct. 29, 2004, No. 6687, § 2, Sess. L. 2004, p. 186; amended Oct. 18, 2007, No. 6965, § 6, Sess. L. 2007, p. 136.

History: Repealed. Oct. 29, 2004, No. 6687, § 13(a), Sess. L. 2004, p. 190.

History: Repealed. Oct. 29, 2004, No. 6687, § 13(a), Sess. L. 2004, p. 190.

History: Repealed. Oct. 29, 2004, No. 6687, § 13(a), Sess. L. 2004, p. 190.

History: Repealed. Oct. 29, 2004, No. 6687, § 13(a), Sess. L. 2004, p. 190.

History: Repealed. Oct. 29, 2004, No. 6687, § 13(a), Sess. L. 2004, p. 190.

History: Repealed. Oct. 29, 2004, No. 6687, § 13(a), Sess. L. 2004, p. 190.

(a) The Superior Court of the Virgin Islands shall consist of not less than six (6) judges learned in the law, one half of whom shall reside in the division of St. Croix and one half of whom shall reside in the division of St. Thomas-St. John and two of whom must be judges of the Family Court Division as provided in section 171(a) of this title. No judge shall actively engage in the practice or conduct of any other profession, occupation, or business nor shall he hold any other public office for which monetary compensation is provided. (b) The term of office of the Presiding Judge of the Superior Court is three years and commences on August 1, of the applicable year, at 10 a.m. and ends on August 1 at 9:59 a.m. three years after the date of such commencement. (c) The Presiding Judge is designated from alternating division for each three-year term, in order of seniority, based upon continuous length of service on the Superior Court. The Administrative Office shall maintain a listing of judges, in order of seniority. At the expiration of the term of a presiding judge, the judge in the alternating division with the most seniority is designated as presiding judge. The designations must alternate between division each three years in accordance with subsection (b). (d) The Clerk of the Superior Court shall certify to the Administrator of Courts no later than three days after the commencement of a new term, the name of the judge commencing a term as Presiding Judge. The Administrator shall thereafter certify to the Chief Justice, the Governor, the President of the Legislature and the President of the Virgin Islands Bar Association, and shall notify the public of the expiration of one presiding judge's term and the commencement of another's. (e) An eligible judge may decline to serve as the Presiding Judge. When a judge declines to serve as the Presiding Judge, the next senior judge in the division in which the eligible judge declined service shall serve as the Presiding Judge. (f) Whenever the Presiding Judge is, because of illness, disqualification, conflict, recusal, or by any other temporary absence or disability, prevented from actively performing the duties as the Presiding Judge, and those ex-officio duties imposed upon the Presiding Judge by law, or is absent from the court, an available active judge of the Superior Court from the Presiding Judge's district in order of seniority shall perform all of the duties performed by the Presiding Judge during the latter's disability or absence from the court. (g) The Presiding Judge may resign the office of Presiding Judge without resigning from the office of the judge of the Superior Court. If a judge resigns the office of Presiding Judge before the expiration of the three-year term of service or leaves office while serving an uncompleted term as Presiding Judge, the next judge in order of seniority in the division in which the office was held shall fill the vacant office for the remainder of the term. A judge who fills the vacant position is not disqualified from serving a regular term of office as provided in subsection (b). History: Added Sept. 9, 1976, No. 3876, § 2, p. 187; amended July 19, 2006, No. 6845, § 2(a), Sess. L. 2006, p. 109; amended July 30, 2016, No. 7888, § 4, Sess. L. 2016, p. 109.

(a) The judges of the Superior Court shall be appointed by the Governor with the advice and consent of the Legislature. Judges so appointed shall continue in office until their successors are appointed and confirmed or until they are renominated and confirmed, but in no event shall judges remain in office more than 180 days after the expiration of their terms unless they have been renominated and confirmed. (b) To be eligible for nomination for appointment as a judge of the Superior Court, a person must be a member in good standing of the Virgin Islands Bar and shall have been engaged in the active practice of law for not less than five years immediately prior to his nomination, of which not less than three years shall have been in the Virgin Islands and for appointment as a judge in the Family Court Division, the person must also meet the qualifications established in section 171(c). (c) The judges of the Superior Court shall be officers of the Government of the Virgin Islands and each shall receive a salary of not less than $35,000 per annum, except that the presiding judge shall receive a salary of not less than $37,500 per annum. No judge's compensation shall be reduced during his term of office without his consent. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 187; amended July 19, 2006, No. 6845, § 2(b), Sess. L. 2006, p. 109; amended May 27, 2016, No. 7876, § 14, Sess. L. 2016, p. 85.

Judges and Division of Business (a) The presiding judge of the Superior Court shall be the administrative head of the Superior Court and shall preside at all sessions of the court which he attends. He shall be responsible for the observance by the court of the rules adopted by the Supreme court governing the practice and procedure of the Superior Court and prescribing the duties of its judges and officers and the times and places of holding court. In conformity with such rules and sections 3, 4, 5, 6, 31, and 32 of this title he shall from time to time designate the judges who are to sit in each judicial division and divide the business in such manner as will secure the prompt dispatch of the business of the court and equalize the case loads of the several judges, taking into consideration the time required by those judges and magistrate judges who have been designated to serve as Supreme Court designated justice to perform their duties as such. He shall supervise and direct the officers and employees of the court in the performance of their duties. He shall also supervise and direct the officers and employees of the Office of the Marshal of the Superior Court in the performance of their duties subject to sections 4, 31, and 32 of this title. (b) Deleted. (c) Deleted. (d) Deleted. History: Added Feb. 8, 1965, No. 1291, § 5, Sess. L. 1965, Pt. I, p. 8; amended Apr. 13, 1967, No. 1905, § 3, Sess. L. 1967, p. 89; July 2, 1973, No. 3449, § 3, Sess. L. 1973, p. 153; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Oct. 22, 1982, No. 4754, § 2, Sess. L. 1982, p. 167; amended July 30, 2016, No. 7888, § 5(a) (1)(A)-(E), (2), Sess. L. 2016, p. 110, 111.

The judges of the Superior Court shall hold their offices for a term of six years unless sooner retired or removed in accordance with the provisions of this title. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 188.

History: Repealed. Oct. 29, 2004, No. 6687, § 13(b), Sess. L. 2004, p. 190.

Pursuant to detailed court rules promulgated by the Chief Justice of the Supreme Court, former judges of the Courts of the Virgin Islands who completed at least 12 years of service as a Judge of the Superior or Supreme Court, and are not actively engaged in the practice of law before the Superior Court may be assigned by the Chief Justice of the Supreme Court to preside over a specific case or cases if all active judicial officers are unavailable due to conflict. In every case, before assigning a retired judge, the Chief Justice must certify that no active judicial officers are able to hear the specific matter due to conflict. All current Senior Sitting Judges who do not meet the years of service may complete their current caseload but may not be assigned any new cases in the Superior Court. The compensation to be paid said former judges shall be on a per diem basis, not to exceed the salary of a Superior Court Judge. Utilization of a retired judge hereunder shall in no way interrupt or interfere with the continued payment of said judges retirement annuity under Title 3, chapter 27 of the Code. History: Added Oct. 28, 1977, No. 4053, Sess. L. 1977, p. 247; amended Jan. 1, 2007, No. 6985, § 4, Sess. L. 2007, p. 230; amended July 30, 2016, No. 7888, § 5(b), Sess. L. 2016, p. 111; amended Oct. 16, 2024, No. 8919, § 14, Sess. L. 2024, p. -.

The Superior Court shall have original, exclusive jurisdiction- (1) of all civil actions wherein the matter in controversy does not exceed the sum or value of $500, exclusive of interest and costs; (2) of all criminal cases wherein the maximum punishment that may be imposed does not exceed a fine of $100 or imprisonment of six (6) months, or both: (3) of all violations of police and executive regulations, unless otherwise provided by law; and (4) where otherwise provided by law. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 188.

(a) Subject to the original jurisdiction conferred on the District Court by section 22 of the Revised Organic Act of 1954, as amended, effective October 1, 1991, the Superior Court shall have original jurisdiction in all civil actions regardless of the amount in controversy; to supervise and administer estates and fiduciary relations; to appoint and supervise guardians and trustees; to hear and determine juvenile, divorce, annulment and separation proceedings; to grant adoptions and changes of name; to establish paternity; to legitimize children and to make orders and decrees pertaining to the support of relations. (b) Subject to the concurrent jurisdiction conferred on the District Court of the Virgin Islands by sections 21 and 22 of the Revised Organic Act of the Virgin Islands, as amended, the Superior Court shall have original jurisdiction in all criminal actions. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 188; amended Oct. 20, 1981, No. 4647, § 1, Sess. L. 1981, p. 260; Feb. 1, 1985, No. 5040, § 3(a), Sess. L. 1984, p. 464; Mar. 1, 1985, No. 5045, § 1(a), Sess. L. 1985, p. 3; Oct. 14, 1986, No. 5206, § 107, Sess. L. 1986, p. 236; Sept. 5, 1990, No. 5594, § 1, Sess. L. 1990, p. 271; Sept. 30, 1993, No. 5890, § 1, Sess. L. 1993, p. 214.

(a) Unless transferred by a judge of the district court, all civil cases originally filed in the Superior Court shall be tried and concluded in that court. (b) A judge of the district court may, in the interest of justice, cause a case or cases pending in the Superior Court to be transferred to the district court and may transfer cases pending in the district court to the Superior Court provided that such transferred case is within the jurisdictional competence of the court to which the transfer is made. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 189.

(a) All civil actions shall be initiated in the judicial division where the defendant resides or where the cause of action arose or where the defendant may be served with process. Criminal actions shall be brought in the judicial division in which the alleged criminal offense was committed. Actions of criminal conspiracy may be brought in either division in which any of the alleged overt acts were committed. (b) For the convenience of parties and witnesses and in the interest of justice, a judge of the Superior Court may, with the approval of the presiding judge of such court, transfer any action or proceeding pending in one judicial division to the other judicial division for hearing and determination. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 189.

(a) The Superior Court shall be comprised of criminal, civil, traffic, family, magistrate judge's, conciliation and small claims divisions. The court may create such additional divisions as the public interest requires. The presiding judge shall from time to time designate and assign judges to sit in the various divisions of the court in each of the judicial divisions of the Territory as the business of the court may require. (b) Deleted. (c) There is established as a division within the Superior Court, the Territorial Probation Office. At the head of the Territorial Probation Office, there shall be a Chief Probation Officer who shall administer the Office, subject to the supervision, control, and direction of the Presiding Judge. There shall be such Deputy Chief Probation Officers and such other officers as the Presiding Judge of the Superior Court deems necessary for the proper administration and performance of duties and functions. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 190; amended Oct. 22, 1982, No. 4754, § 3(b), Sess. L. 1982, p. 168; Oct. 14, 1986, No. 5206, § 115(c), Sess. L. 1986, p. 242; Jan. 1, 2008, No. 6919, § 1, Sess. L. 2007, p. 26; amended July 30, 2016, No. 7888, §§ 5(c), 15, Sess. L. 2016, p. 111.

Commencing two years from the effective date of the revision of this chapter in the year 1977, in all cases in which the parties are entitled to a trial by jury and in which a jury trial is properly demanded, the action shall be tried to a jury composed by six members unless the parties agree, with the consent of the court, upon a lesser number provided, however, that in criminal actions involving alleged felonies, the accused shall be entitled to a jury composed of twelve members. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 190.

(a) The names of prospective jurors shall be drawn from the master jury wheel maintained by the court under a Plan for Random Selection of Jurors, similar to the plan embodied in Part IV of the Rules of the District Court, in such manner and at such times as shall be determined by the presiding judge of the Superior Court. (b) Jurors shall be paid for each day of active service a fee equal to that paid to jurors in the district court pursuant to section 482 of this title. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 187.

(a) The process of the Superior Court runs throughout the territory. (b) Service of all process shall be made in any part of the territory by the Virgin Islands marshal and probation officer of the Superior Court and such other persons as may be authorized by law to serve such process, or such other officers or persons as may be designated by the court. The persons so designated shall receive in payment for their services not less than the statutory fees allowed therefor. (c) Summonses, complaints and subpoenas shall be served in the same manner as summonses are required to be served by Rule 4 of the Federal Rules of Civil Procedure. (d) Where the law, or the Federal Rules of Civil Procedure, does not specifically require process to be served by an officer of the court, process may be directed to and served by a disinterested person named therein. The person so authorized shall be sworn to the truth of the return. A certificate of the oath shall be endorsed upon the writ or process by the authority administering the same. When the service of a summons, complaint or subpoena is made for any party by a person specially authorized to do so, fees for such service shall not be recoverable from or taxed against the opposite party in excess of the taxable fees of the Virgin Islands marshal and probation officer of the Superior Court, had such process been served by a marshal. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 191; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

The practice and procedure in the Superior court shall be as prescribed by rules adopted by the Supreme Court. Subject to the approval of the Supreme Court, the Superior Court may from time to time prescribe rules for the conduct of its business consistent with law and with the rules prescribed by the Supreme Court and may issue all writs and make all orders necessary or appropriate in aid of its jurisdiction and agreeable to the usages and principles of law. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 191; amended July 30, 2016, No. 7888, § 5(d), Sess. L. 2016, p. 111.

The Superior Court shall hold regular sessions in each judicial division at the times and places prescribed by the rules of the court. Special sessions may be held at such times and places as may be required. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 191.

Except as otherwise provided by law, the Attorney General of the Virgin Islands shall prosecute all offenses and conduct all legal proceedings on behalf of the Government of the Virgin Islands in the Superior Court. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 191.

The presiding judge of the Superior court shall appoint a clerk for the Superior Court of the Virgin Islands. The clerk shall, subject to provisions of sections 4, 5, 6, 31, and 32 of this title, appoint a chief deputy clerk for each judicial division of the court. The clerk, subject to provisions of sections 4, 5, 6, 31, and 32 of this title, may appoint other necessary deputies and employees. The Superior Court shall appoint a sufficient number of court reporters. The office of the clerk of the Superior Court shall be maintained at Charlotte Amalie and the office of the chief deputy clerk, division of St. Croix, shall be maintained at Christiansted with an additional office, in the charge of a deputy clerk under the chief deputy clerk's supervision, at Frederiksted. History: Added Sept. 9, 1976, No. 3876, § 2, Sess. L. 1976, p. 191; amended July 30, 2016, No. 7888, § 5(e), Sess. L. 2016, p. 111.

(a) The Superior Court is hereby authorized to microfilm in duplicate all original records, files and documents, with the exception of traffic tickets, maintained pursuant to its judicial function. All such original records, files and documents shall be retained until reproduced by microphotographic process, and thereafter may be destroyed, provided that no records, files or documents less than one year old shall be subject to destruction. Traffic tickets which have either been paid or dismissed may also be destroyed by order of the Presiding Judge, notwithstanding the fact that the microfilming of same is not authorized by law. (b) One duplicate original of each of the aforesaid microphotographed writings shall be retained by the Court in the Judicial Division where such writings were originally filed and the other duplicate original shall be forwarded to the archives of the Government of the Virgin Islands for preservation and safekeeping. Upon transmission to the archives, the microphotographed writings of the Superior Court shall be subject to the same restrictions and prohibitions as they would have been if custody was retained in the Superior Court. (c) Microphotographs of records made in compliance with this section shall have the same effect as the original and shall be treated as originals for the purpose of their admissibility in evidence. Certified or authenticated reproductions of the microphotographs shall be admitted in evidence equally with the original microphotographs. History: Added June 23, 1981, No. 4569, Sess. L. 1981, p. 63.

(a) The Chief Justice of the Supreme Court may grant study leave to personnel of the judicial branch for the purpose of pursuing advanced training courses and programs within or outside the Virgin Islands. (b) Such study leave shall be implemented consistent with the terms and conditions of subchapter XI of chapter 25, Title 3, Virgin Islands Code. History: Added May 28, 1981, No. 4555, Sess. L. 1981, p. 50; amended July 30, 2016, No. 7888, § 5(f), Sess. L. 2016, p. 111.

History: Repealed. July 30, 2016, No. 7888, § 18, Sess. L. 2016, p. 115.

History: Repealed. July 30, 2016, No. 7888, § 18, Sess. L. 2016, p. 115.

History: Repealed. July 30, 2016, No. 7888, § 18, Sess. L. 2016, p. 115.

History: Repealed. July 30, 2016, No. 7888, § 18, Sess. L. 2016, p. 115.

History: Repealed. July 30, 2016, No. 7888, § 18, Sess. L. 2016, p. 115.

History: Repealed. July 30, 2016, No. 7888, § 18, Sess. L. 2016, p. 115.

History: Repealed. July 30, 2016, No. 7888, § 18, Sess. L. 2016, p. 115.

There is in the Superior Court a small claims division, in which the procedure shall be as informal and summary as is consistent with justice. History: Amended Feb. 8, 1965, No. 1291, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

(a) The small claims division of the Superior Court has jurisdiction of all civil actions, concurrently with the civil division of the said court, wherein the amount in controversy does not exceed the sum or value of $10,000, exclusive of interest and costs. (b) Where the amount in controversy exceeds $10,000, exclusive of interest and costs, a party may recover in the small claims division of the Superior Court a sum not exceeding $10,000, with interest and costs, which recovery shall bar the recovery of the residue of such amount in controversy in the Superior Court or in any other court. (c) The plaintiff in a complaint or the defendant in a counterclaim or cross claim may waive the excess of his claim over $10,000, in order to bring it within the jurisdiction of the small claims division of the Superior Court. (d) Neither party may be represented by counsel and parties shall in all cases appear in person except for corporate parties, associations and partnerships which may appear by a personal representative. History: Amended Feb. 9, 1967, No. 1844, § 1, Sess. L. 1967, p. 11; Feb. 15, 1973, No. 3380, Sess. L. 1973, p. 7; Jan. 18, 1978, No. 4084, § 1, Sess. L. 1978, p. 7; Oct. 20, 1981, No. 4647, § 2, Sess. L. 1981, p. 260; June 14, 1984, No. 4959, § 1, Sess. L. 1984, p. 172; Sept. 5, 1990, No. 5594, § 2, Sess. L. 1990, p. 272; July 19, 2006, No. 6856, § 1, Sess. L. 2006, p. 142.

There is established in the Superior Court of the Virgin Islands a Magistrate Division in which the procedure, unless otherwise specified, is in accordance with the rules governing the Superior Court of the Virgin Islands. History: Added Jan. 1, 2008, No. 6919, § 2, Sess. L. 2007, p. 27.

The Magistrate Division consists of no fewer than two magistrate judges per judicial district and other officers and employees as the Presiding Judge of the Superior Court subject to the authority of the Supreme Court considers necessary for the proper administration and performance of the duties and functions of the division. Each magistrate judge shall reside in the judicial district for which he is appointed. Magistrate judges may not actively engage in the practice of law, nor engage in any other business, occupation, or employment inconsistent with the proper performance of their duties as judicial officers. Magistrate judges may not hold any other public office for which monetary compensation is provided. History: Added Jan. 1, 2008, No. 6919, § 2, Sess. L. 2007, p. 27; amended July 30, 2016, No. 7888, §§ 6(a), 15, Sess. L. 2016, p. 111, 114.

Judges (a) The Presiding Judge of the Superior Court of the Virgin Islands shall appoint magistrate judges from a list of nominees submitted to the Superior Court by magistrate judge selection panel of the Superior Court pursuant to subsection (e) of this section. Magistrate judges may be appointed by the Presiding Judge for a term of four years upon the affirmative vote and recommendation of a majority of the active judges of the Superior Court pursuant to rules, standards and procedures adopted by the Superior Court. Sixty days before the expiration of a magistrate judge's term, the Superior Court shall give public notice of the expiration of the magistrate judge's term and seek input and comment from the public. The Presiding Judge shall provide the comments to the judges of the Superior Court. (b) To be eligible for nomination for appointment as a magistrate judge of the Superior Court, the nominee must: (1) be a citizen of the United States; (2) be a member in good standing of the Virgin Islands Bar Association; and (3) have been engaged in the active practice of law in the territory for not less than five years immediately prior to his nomination. (c) Each individual appointed as a magistrate judge shall take the prescribed oath of office before performing the duties of his office. (d) Magistrate judges of the Superior Court are judicial officers of the Superior Court, and each shall receive as full compensation for his services, a salary equal to 85% of the salary of a judge of the Superior Court which may not be reduced during the term of his office without his consent. (e) Magistrate judge selection panel. Whenever there is a vacancy in a magistrate judge position within either judicial district of the Superior Court, the Presiding Judge shall establish a magistrate judge selection panel to provide a list of at least two nominees for the Superior Court to consider in filling the position. The panel must consist of eleven citizens from the judicial district where the vacancy exists, four of whom must be non attorneys. The Superior Court shall adopt rules, standards and procedures for the magistrate judge selection panel to follow in submitting its nominees. Seven members of the committee constitutes a quorum. If the panel fails to submit at least two nominees within 90 days after the Presiding Judge establishes the specific panel, then the Presiding Judge may appoint the magistrate judge without further delay. History: Added Jan. 1, 2008, No. 6919, § 2, Sess. L. 2007, p. 27; amended June 16, 2007, No. 6929, § 40(a), Sess. L. 2007, p. 55; Dec. 22, 2007, No. 6985, § 6, Sess. L. 2007, p. 231; July 4, 2008, No. 7009, § 2(a), (b), Sess. L. 2008, p. 156; amended July 30, 2016, No. 7888, § 15, Sess. L. 2016, p. 114.

(a) Each magistrate judge may: (1) administer oaths and affirmations and issue civil and criminal process, including warrants of arrest, search warrants, subpoenas, and orders, including orders for the release on bail, for detention of persons pending trial and for contempt; (2) take acknowledgments, affidavits and depositions; (3) conduct marriages; (4) hear all non-felony traffic offenses, litter cases, misdemeanor criminal cases where the maximum punishment is limited to not more than 364 days imprisonment; arraignment and probable cause hearings in any criminal or traffic offense matter; small claims cases and probate matters; (5) issue temporary and permanent restraining orders in domestic violence cases; (6) hear forcible entry and detainer and landlord and tenant actions; and (7) hear all civil cases where the amount in controversy does not exceed $75,000. (b) Upon designation by a judge of the Superior Court, pursuant to rules adopted by the court, a magistrate judge may: (1) hear and determine any pretrial matter pending before the court, including matters before the Family Court, except a motion for injunctive relief, for judgment on the pleadings, for summary judgment, for dismissing or quashing an indictment or information made by the defendant, suppression of evidence in a criminal case, dismissal or to permit maintenance of a class action, dismissal for failure to state a claim upon which relief can be granted, and to involuntarily dismiss an action. (2) Conduct hearings, including evidentiary hearings, to submit proposed findings of fact and recommendations for the disposition, by a Superior Court judge, of any motion excepted in subsection (b)(1), of applications of post trial relief made by individuals convicted of criminal offenses and of prisoner petitions challenging conditions of confinement. (c) A judge of the Superior Court may reconsider any pretrial matter handled by the magistrate judge where it has been shown that the magistrate judge's order is clearly erroneous or contrary to law. (d) Upon consent of the parties, the magistrate judge may conduct all proceedings in a jury or non-jury civil matter, including trial and enter a judgment in the case. An order entered pursuant to this subsection is an Order of the Court, appealable to the Supreme Court of the Virgin Islands as any other Order. History: Added Jan. 1, 2008, No. 6919, § 2, Sess. L. 2007, p. 28; amended July 4, 2008, No. 7009, § 3, Sess. L. 2008, p. 156; Mar. 7, 2012, No. 7346, § 1, Sess. L. 2012, p. 28; amended July 30, 2016, No. 7888, §§ 6(b), (c), 15, Sess. L. 2016, p. 111, 114.

(a) For purposes of this chapter, the term, "traffic offense", means any conduct or violation of the provisions of titles 20 and 23 of the Virgin Islands Code and related regulations, relating to motor vehicles or pedestrians, or a moving or non-moving violation, which is punishable by a fine or a period of imprisonment of not more than six months. (b) The Magistrate Division of the Superior Court has exclusive jurisdiction over all traffic offenses, except felony traffic offenses. A magistrate judge may: (1) impose any penalty prescribed by law for each offense other than a penalty providing for imprisonment exceeding six months; (2) impose points against a license as may be provided by law; (3) impose as a sanction for a traffic offense including, required attendance at a traffic school, as may be provided by law or order of the court; and (4) suspend or revoke a driver's license as may be prescribed by law. (c) The notice of traffic offense is the summons and complaint in the form described in Rule 151 of the Rules of the Superior Court, known as the "Uniform Traffic Ticket", which must be filed directly by the issuing officer or prosecuting attorney in the Magistrate Division of the Superior Court. (d) A person receiving a Uniform Traffic Ticket shall appear in court no later than the day specified on the ticket to admit or deny commission of the offense, and if necessary, to docket the case. (e) The issuing officer or person shall present the case to the magistrate judge at the time and place docketed for the traffic offense hearing. The magistrate judge shall place a lien on the vehicle of the offender issued a notice of traffic offense until further appearance or proceedings who, without good cause shown, fails to appear as directed. History: Added Jan. 1, 2008, No. 6919, § 2, Sess. L. 2007, p. 29; amended Dec. 22, 2007, No. 6985, § 7(a), Sess. L. 2007, p. 231; amended July 30, 2016, No. 7888, § 15, Sess. L. 2016, p. 114.

All appeals from the Magistrate Division, except as otherwise provided for in this chapter, must be filed in the Superior Court or to the Supreme Court, if appealable to the Supreme Court as provided by law. History: Added Jan. 1, 2008, No. 6919, § 2, Sess. L. 2007, p. 30.

The Supreme Court shall promulgate rules and amendments to the Rules of the Superior Court as necessary to implement this chapter effectively. History: Added Jan. 1, 2008, No. 6919, § 2, Sess. L. 2007, p. 31; amended Dec. 22, 2007, No. 6985, § 7(b), Sess. L. 2007, p. 231; amended July 30, 2016, No. 7888, § 6(d), Sess. L. 2016, p. 111.

There shall be in the Superior Court a conciliation division. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

The conciliation division of the Superior Court may, at the request of any party to a civil controversy, endeavor to effect an amicable settlement of the controversy, and, to that end, may summon the other party or parties to the controversy to appear before the judge for an informal hearing. History: Amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

Qualifications (a) The Governor shall appoint pursuant to section 72 of this title, two Superior Court judges to the Family Division of the Superior Court, one in the division of St. Croix and the other in the division of St. Thomas- St. John. (b) The Presiding Judge shall assign a judge to serve in the Family Division whenever a vacancy is created pending the appointment of a judge or during the temporary absence of a judge. (c) To be eligible for designation as a judge for the Family Division of the court, a person must be trained and knowledgeable in the practice of family law and have the temperament and interest compatible with the functions of the office. History: Added Sept. 24, 1983, No. 4855, § 1, Sess. L. 1983, p. 138; amended Feb. 15, 1994, No. 5957, § 8, Sess. L. 1994, p. 16; July 19, 2006, No. 6845, §§ 1(a)-(d), Sess. L. 2006, p. 109.

Except as otherwise provided by this chapter, the Family Division of the Superior Court shall have original jurisdiction: (a) Concerning any child living or found within the geographical limits of its jurisdiction: (1) who is neglected or abused; (2) whose occupation, behavior, condition, environment or associations are such as to injure or endanger his welfare or that of others; (3) who is a "person in need of supervision"; (4) who is alleged to have committed a delinquent act within the territory; except that any child sixteen years and over, charged with an offense under Title 20 of the Virgin Islands Code, other than under section 504 thereof, shall be within the jurisdiction of the Traffic Division of the Superior Court. (b) For the treatment or commitment to any mental institution of a mentally defective or mentally disordered or emotionally disturbed child under procedures consistent with Title 19, chapter 31 of the Virgin Islands Code. (c) Concerning any adult, living or found within the geographical limits of the court's jurisdiction, alleged to have committed or to have attempted to commit a delinquent act within the territory prior to having become eighteen years of age. (d) To determine the custody or guardianship of the person of any child living within the judicial division, for adoption or other care provision and to determine parental rights in connection with such proceedings. History: Added Sept. 24, 1983, No. 4855, § 1, Sess. L. 1983, p. 138; amended Aug. 16, 2021, No. 8459, § 1, Sess. L. 2021, p. 37.

(a) When jurisdiction shall have been obtained by the Family Division in the case of any child, such jurisdiction may be retained by the Division until he becomes 19 years of age, unless he is discharged prior thereto by the court. This section does not affect the jurisdiction of other divisions of this court or other courts over offenses committed by the child after he reaches the age of 18 years. (b) If a child already under the jurisdiction of the Family Division is convicted in the Superior Court or District Court of a crime committed after the age of 18, the conviction shall terminate the jurisdiction of the Family Division. (c) If a child is transferred to another court, and the child is convicted in that court for a crime pursuant to the transfer, the conviction shall terminate the jurisdiction of the Family Division. For any crimes after such conviction, the child shall be considered an adult for the purpose of determining jurisdiction. History: Added Sept. 24, 1983, No. 4855, § 1, Sess. L. 1983, p. 138.

The Superior Court shall provide for the Family Division hearing rooms that are adequate, appropriate, and safely maintained. The Superior Court shall place as a high priority securing courtrooms and support personnel for the Family Division which are separate and apart from the other courtrooms and support personnel of the Superior Court so as to provide the child and the family a facility and atmosphere that enhances the overall goal of privacy, rehabilitation of the child, and conciliation of the family unit. History: Added Sept. 24, 1983, No. 4855, § 1, Sess. L. 1983, p. 138.

Family Division judges shall visit, at least annually, the juvenile pre-trial detention facilities, shelter care facilities, and any other facility providing services to juveniles as a dispositional alternative. History: Added Sept. 24, 1983, No. 4855, § 1, Sess. L. 1983, p. 138.

For purposes of this chapter, the terms "adult", "child", "delinquent act", "neglected or abused" and "person in need of supervision" shall have the same meaning as defined in section 2502 of Title 5, of this code. History: Added Sept. 24, 1983, No. 4855, § 1, Sess. L. 1983, p. 138.

The Department of Social Welfare shall establish and maintain a detention center within the jurisdiction of Saint Thomas and Saint John and the jurisdiction of Saint Croix for the purpose of detaining any child under the age of 18 years who is charged with and offense which would be a felony if committed by a person 18 years of age or over. History: Added June 7, 1960, No. 582, Sess. L. 1960, p. 82.

There shall be a Judicial Council of the Virgin Islands which shall consist of the justices of the Supreme Court, the chief justice of which shall be chairman, the presiding justice of the Superior Court, another judge of the Superior Court to be designated from time to time by the Presiding Judge, the chairman of the Committee on the Judiciary of the Legislature, the vice-chairman of the Committee on the Judiciary of the Legislature, the Attorney General of the Virgin Islands, the Executive Director of Legal Services of the Virgin Islands and Chief Public Defender for the Virgin Islands, the president of the Virgin Islands Bar Association and the vice-president of the Virgin Islands Bar Association. The concurrence of five members shall be necessary to any action taken by the Judicial Council. The Judicial Council may elect a vice chairman from among its members. The Administrator of Courts shall be secretary of the Judicial Council and shall keep minutes of its proceedings. History: Amended June 24, 1958, No. 336, Sess. L. 1958, p. 119; May 29, 1959, No. 418, § 1, Sess. L. 1959, p. 24; Jan. 22, 1960, No. 507, Sess. L. 1960, p. 3; Feb. 8, 1965, No. 1291, § 17, Sess. L. 1965, Pt. I, p. 11; May 26, 1971, No. 3025, § 1, Sess. L. 1971, p. 155; July 22, 1972, No. 3272, Sess. L. 1972, p. 228; July 2, 1973, No. 3449, § 2, Sess. L. 1973, p. 153; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Oct. 29, 2004, No. 6687, § 8(a), Sess. L. 2004, p. 189; amended July 30, 2016, No. 7888, § 7(a), Sess. L. 2016, p. 112.

(a) The Judicial Council shall serve as a forum for representatives from the legislative, executive, and judicial branches of the Government of the Virgin Islands and the Virgin Islands Bar Association to discuss matters of common concern, such as improving the administration of justice in the Territory. (b) The Judicial Council shall from time to time: (1) Meet at the call of the chairman or as otherwise provided by it at least once in six months; (2) Periodically survey the condition of business in the courts with a view to making recommendations for simplifying and improving the administration of justice; (3) Submit to the courts from time to time its recommendations for rules of procedure and other actions which will promote the more effective and expeditious administration of their business; (4) Submit to the Legislature from time to time its recommendations for legislation; and (5) Exercise such other functions as may be provided by law. History: Amended July 30, 2016, No. 7888, § 7(b)(1)-(3), Sess. L. 2016, p. 112.

The members of the Judicial Council shall serve without compensation but the provisions of section 65 of Title 3 of this code shall apply to such members. All vouchers for the payment of travel expenses or per diem pursuant to this section shall be certified by the Chairman of the Judicial Council or his designee. History: Added May 26, 1971, No. 3025, § 2, Sess. L. 1971, p. 155; amended Oct. 29, 2004, No. 6687, § 8(b), Sess. L. 2004, p. 189.

History: Repealed. Oct. 29, 2004, No. 6687, § 13(c), Sess. L. 2004, p. 190.

Notwithstanding any other law to the contrary, the Judicial Council and the Superior Court, in order to promote their orderly and efficient administration and operation, are hereby authorized to establish and maintain separate accounts for the prompt payment of their respective operating expenses. History: Added Oct. 31, 1998, No. 6270, § 3, Sess. L. 1998, p. 472.

The sessions of every court of justice shall be open to the public, except as otherwise provided in subtitle 2 of Title 5. The records of every court of justice shall be public records and, except as otherwise provided in subtitle 2 of Title 5, shall be open to the inspection of any citizen or party in interest under the supervision of the clerk of the court having custody of the records, during business hours.

No judge or justice shall be liable in a civil action for damages by reason of any judicial action taken or judgment or decision rendered by him in good faith. History: Amended Oct. 29, 2004, No. 6687, § 9, Sess. L. 2004, p. 189.

Every court shall have power: (1) To preserve and enforce order in its immediate presence; (2) To enforce order in the proceedings before it, or before a person or persons empowered to conduct a judicial investigation under its authority; (3) To provide for the orderly conduct of proceedings before it or its officers; (4) To compel obedience to its judgments, orders, and process, and to the orders of a judge out of court, in all actions, or proceedings pending therein; (5) To control in furtherance of justice, the conduct of its ministerial officers and other persons in any manner connected with a judicial proceeding before it in every matter appertaining thereto; (6) To compel the attendance of persons to testify in an action or proceeding pending therein; (7) To administer oaths in an action or proceeding pending therein, and in all other cases where it may be necessary in the exercise of its powers or the performance of its duties; and (8) To amend and control its process and orders so as to make them conformable to law and justice.

Any person who wilfully violates, neglects or refuses to observe or perform any lawful order of a court shall be guilty of contempt of court and upon being found guilty of such contempt may be punished as provided by law.

If no judge attends on the day appointed for a session of any court, or on the day to which it may have adjourned, the clerk may adjourn the court until the next day and so on from day to day until the judge attends or by written order directs the court to be adjourned to a day certain fixed in the order, in which case the clerk shall so adjourn it. In case the judge is absent for more than 10 days or is disabled or disqualified from acting the clerk shall forthwith notify the chairman, or in his absence the vice-chairman, of the Judicial Council of the fact.

History: Repealed. Fed. 8, 1965, No. 1291, § 13, Sess. L. 1965, Pt. I, p. 11.

Each court shall have a seal which shall be kept by its clerk.

Every judicial officer shall have power: (1) To preserve and enforce order in his immediate presence and in the proceedings before him, when he is engaged in the performance of a duty imposed on him by law; (2) To compel obedience to his lawful orders; (3) To compel the attendance of persons to testify in a proceeding pending before him; and (4) To administer oaths to persons in a proceeding pending before him, and in all other cases where it may be necessary in the exercise of his powers or the performances of his duties.

For the effectual exercise of the powers conferred in the last section a judicial officer may punish for contempt in the cases and in the manner provided by law.

Every judicial officer and every clerk of court and his deputies shall have power to administer oaths and to take acknowledgments of deeds and other written instruments.

No judge or justice shall sit or act as such in any action or proceeding: (1) To which he is a party or in which he is primarily interested; (2) When he is related to either party, or to an officer of a corporation which is a party, by blood or marriage within the third degree; (3) When in the action or proceeding or in any prior action or proceeding involving the same issues, he has been of counsel for any party to the action or proceeding; or (4) When it is made to appear probable that, by reason of bias or prejudice of such judge, a fair and impartial trial cannot be had before him. History: Amended Oct. 29, 2004, No. 6687, § 10(a), Sess. L. 2004, p. 190.

Whenever a judge shall have knowledge of any fact which, under the provisions of section 284 of this title, disqualifies him to sit or act as such in any action or proceeding pending before him, it shall be his duty to declare the same in open court and cause a memorandum thereof to be entered in the minutes. It shall thereupon be the duty of the clerk to transmit forthwith a copy of such memorandum to each party or his attorney who shall have appeared in such action or proceeding, except such parties as are present in person or by attorney when the declaration is made.

No challenge as to the competency of any judge shall be received or allowed; but if it is plain that the judge is disqualified under the provisions of section 284 of this title, the party objecting to competency may, in writing, file with the judge his objection, stating the grounds therefor and the judge shall thereupon proceed with the trial or withdraw therefrom, in accordance with his determination of the question of his disqualification. His decision shall be reduced to writing and filed with the papers in the case, but no appeal or stay shall be allowed from, or by reason of, his decision in favor of his own competency until after final judgment in his court.

Whenever the judge of the district court is disqualified under the provision of section 284 of this title to sit in any action or proceeding he shall immediately notify the chief judge of the Third Judicial Circuit of his disqualification. Whenever a judge of the Superior Court is disqualified he shall immediately notify the Chief Justice of the Supreme Court of his disqualification. History: Amended Feb. 8, 1965, No. 1291, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Oct. 29, 2004, No. 6687, § 10(b), Sess. L. 2004, p. 190; Mar. 5, 2005, No. 6730, § 56, Sess. L. 2005, p. 137.

(a) No justice, judge, clerk of court, deputy, assistant or other officer or employee of a court shall practice law during his continuance in office or be in partnership with a practicing attorney. (b) Justices of the Supreme Court and Judges of the Superior Court shall devote all their time exclusively to the court and shall hold no other official position in the government of the Virgin Islands, whether compensatory or otherwise. History: Amended May 16, 1957, No. 160, § 25, Sess. L. 1957, p. 27; Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Oct. 29, 2004, No. 6687, § 10(c), Sess. L. 2004, p. 190.

History: Repealed. July 19, 1968, No. 2318, § 3, Sess. L. 1968, Pt. II, p. 300.

No proceeding pending in any court of justice shall be affected by a vacancy in the office of the judge thereof.

Every written proceeding in a court of justice of the Virgin Islands shall be in the English language and judicial proceedings shall be conducted, preserved and published in no other language.

Whenever the services of an interpreter are deemed by the judge presiding in a court of justice in this territory to be required in a trial or other proceeding in such court the judge may appoint a qualified person to act temporarily as an interpreter in such court. Any interpreter so appointed shall receive not to exceed $20 for each day's attendance required by the judge and for the time necessarily occupied in going to and returning from the court and, if required to serve in a judicial division other than that of his residence, his necessary expenses of transportation and an allowance of $5 per day for subsistence. History: Amended Apr. 27, 1964, No. 1210, Sess. L. 1964, p. 313.

When jurisdiction is by law conferred on a court or judicial officer, all the means necessary to carry it into effect are also given; and in the exercise of this jurisdiction, if the course of the proceedings is not specially pointed out by law or by rules of procedure adopted pursuant to law, any suitable process or mode of proceeding may be adopted which may appear most conformable to the spirit of the law.

(a) There is established in the judicial branch the Office of the Virgin Islands Marshal. At the head of the Office of the Virgin Islands Marshal is a Chief Marshal who shall administer the Office of the Virgin Islands Marshal, subject to the supervision, control and direction of the Chief Justice of the Supreme Court. The Chief Justice shall appoint the Chief Marshal and such assistant and deputy marshals as the Chief Justice considers necessary for the proper administration and performance of duties and functions. (b) The Chief Marshal of the Office of the Virgin Islands Marshal, shall personally, or by the Assistant Marshal or the deputies, attend the sessions of the Superior Court, preserve order therein, execute all writs, processes and orders of the Superior Court, and perform such other duties incident to the Office of the Virgin Islands Marshal. Sufficient marshals must be assigned to ensure the orderly operations of proceedings in both the Superior Court and the Supreme Court. (c) The Office of the Virgin Islands Marshal is under the supervision, direction and control of the Chief Justice of the Supreme Court. However, the deputy marshals are under the immediate direction of the particular judge or magistrate judge of the Superior Court or justice of the Supreme Court for whom they are performing specific duties at any particular time. (d) The Marshal may, with the approval of the Police Commissioner, deputize or have deputized officers of the U.S. Virgin Islands Police Department (V.I.P.D.) to assist in the discharge of official duties of the Office of the Marshal. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I. p. 11; April 13, 1967, No. 1905, § 4, Sess. L. 1967, p. 89; July 7, 1967, No. 2004, § 1, Sess. L. 1967, p. 366; Sept. 29, 1970, No. 2820, § 1, Sess. L. 1970, p. 314; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Oct. 22, 1982, No. 4754, § 3(c), Sess. L. 1982, p. 168; June 15, 1984, No. 4964, § 1(b), Sess. L. 1984, p. 177; amended July 30, 2016, No. 7888, § 8(a)(1)(A)-(C), (2), (b), Sess. L. 2016, p. 112.

The Supreme Court of the Virgin Islands may issue and promulgate rules for the payments of costs incurred by the office of the Virgin Islands marshal in the storage of items of personal property taken into custody by the office of the Virgin Islands marshal pursuant to court order. History: Added Sept. 4, 1970, No. 2813, § 2, Sess. L. 1970, p. 302; amended July 30, 2016, No. 7888, § 8(c), Sess. L. 2016, p. 113.

The clerk of the Superior Court shall: (1) Take charge of and safely keep, or dispose of according to law, all books, papers and records which may be filed and deposited in his office; (2) Supervise and direct the work of his deputies and assistants; (3) Attend in person or by deputy each session of the court; (4) Issue all process and notices required to be issued, and keep a docket for each division of the court in which he shall enter the title of each cause, with date of its commencement, and a memorandum of every subsequent proceeding therein, with the date thereof, and a record of all the fees charged; (5) Keep such other indices and records and make such reports as may be necessary in the performance of the duties of his office and as may be required by law or by the Judicial Council; and (6) Exercise such other powers and perform such other duties as may be assigned to him by the court. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

The clerk of the Superior Court, before entering upon his duties, shall take the oath or affirmation prescribed by section 951 of Title 28 of the United States Code and shall give bond to the Territory in an amount fixed by the Judicial Council, and with sureties approved by the court, conditioned on the faithful discharge of the duties of his office. The bond shall be filed in the office of the clerk of the Supreme Court. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; amended July 30, 2016, No. 7888, § 12, Sess. L. 2016, p. 113.

There is established as a division within the Superior Court of the Virgin Islands subject to the powers of the Chief Justice, the Territorial Probation Office, which shall be headed by a Chief Probation Officer. The Presiding Judge of the Superior Court may appoint one or more qualified persons to serve as probation officers of the Superior Court. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Oct. 14, 1986, No. 5206, § 115(b), Sess. L. 1986, p. 242; amended July 30, 2016, No. 7888, § 10, Sess. L. 2016, p. 113.

(a) A probation officer shall furnish to each probationer under his supervision a written statement of the conditions of probation and shall instruct him regarding the same. He shall keep informed concerning the conduct and condition of each probationer under his supervision and shall report thereon to the proper court. He shall use all suitable methods, not inconsistent with the conditions imposed by the court to aid probationers and to bring about improvements in their conduct and condition. He shall keep records of his work; shall keep accurate and complete accounts of all monies collected from persons under his supervision; shall give receipts therefor, and shall make at least monthly returns thereof; shall make such reports to the courts as they may at any time require, shall make presentence investigations when directed by the Supreme Court or the Superior Court, and shall perform such other duties as the courts may direct. (b) Each probation officer shall perform such duties with respect to persons on parole as the Board of Parole shall request. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; amended July 30, 2016, No. 7888, § 12, Sess. L. 2016, p. 113.

History: Repealed. July 30, 2016, No. 7888, § 13(a), Sess. L. 2016, p. 114.

(a) Notwithstanding any other law, the Judicial Council of the Virgin Islands (the "Judicial Council") is authorized to establish a separate operating bank account to be known as the "Judicial Council Imprest Account". The account shall consist of all eligible federal funds, all donations, gifts and bequests, and other revenues designated to the Imprest Account. The Judicial Council and the Chief Justice of the Supreme Court shall provide for the administration of the account and shall promulgate rules and regulations governing the expenditure of funds consistent with the provisions of this section. (b) All monies received by the Judicial Council shall be deposited into the Imprest Account, provided however, that of the $500.00 annual licensing fee required to be paid by each practicing attorney pursuant to title 27, section 302, of this Code, the sum of $200.00 shall be made payable to the Judicial Council for deposit into the Imprest Fund. The remaining $300.00 of the licensing fee shall be covered into the General Fund of the Treasury of the Government of the Virgin Islands. (c) Payments shall be made from the Judicial Council Imprest Account only for the purchase of books, periodicals, other necessary expenses of the law libraries maintained by the Supreme and Superior Courts, and for the expenses of the Virgin Islands Bar Association's Committee on Ethics and Grievances, and its Legal Education and Admission to the Bar Committee, associated with the investigation, discipline and education of attorneys admitted to practice before the courts of the Territory, all upon vouchers approved by the Chief Justice of the Supreme Court and/or the Judicial Council of the Virgin Islands. The Chief Justice of the Supreme Court and the Chief Justice of the Supreme Court, may appoint a librarian in each judicial division. The compensation of each librarian shall be payable by the Territory. The law libraries of the courts shall be kept open during reasonable hours for the use of the respective courts, the members of the bar, the members of the Legislature, officers and employees of the Government of the Virgin Islands and the public. History: Amended May 23, 1969, No. 2466, §§ 1, 2, Sess. L. 1969, p. 121; Mar. 15, 1984, No. 4902, § 6, Sess. L. 1984, p. 61; Feb. 15, 1994, No. 5958, §§ 1, 2, Sess. L. 1994, p. 17; June 30, 2000, No. 6353, § 14, Sess. L. 2000, p. 85; amended July 30, 2016, No. 7888, § 13(b), Sess. L. 2016, p. 114.

(a) Definition Except as otherwise provided by law or rule of the Supreme Court, and excepting court personnel acting in the performance of their court duties, the unauthorized practice of law shall be deemed to mean the doing of any act by a person who is not a member in good standing of the Virgin Islands Bar Association for another person usually done by attorneys-at-law in the course of their profession, and shall include but not be limited to: the appearance, acting as the attorney-at-law, or representative of another person, firm or corporation, before any court, referee, department, commission, board, judicial person or body authorized or constituted by law to determine any question of law or fact or to exercise any judicial power, or the preparation and/or filing of pleadings or other legal papers incident to any action or other proceeding of any kind before or to be brought before the same. (b) Action for injunction (1) Upon his own information or upon complaint of any person, including any judge or the Virgin Islands Bar Association, the Attorney General may maintain an action for injunctive relief in the Superior Court of the Virgin Islands against any person who renders, offers to render or holds himself out as rendering any service which constitutes the unauthorized practice of law. The Virgin Islands Bar Association may intervene in the action, at any stage of the proceeding for good cause shown. (2) In addition to or in lieu of the remedy provided in paragraphparagraph (1)subsection, the Court may, in its discretion, impose upon any person a fine not exceeding $500.00 for each such violation. (3) The action for injunctive relief may also be maintained by the Virgin Islands Bar Association. (c) Investigations by Attorney General (1) The Attorney General may investigate any complaint of unauthorized practice of the law and he or an officer designated by him may subpoena witnesses, compel their attendance, examine them under oath, and require the production of any relevant documentary evidence. (2) The laws relating to the attendance of witnesses in civil actions and the payment of fees and expenses to those witnesses shall apply to investigations made by the Attorney General under this subsection. (3) If a person fails or refuses to obey a subpoena or to testify as to any material matter regarding which he may be interrogated, the Superior Court, upon application by the Attorney General, may issue to the person an order requiring him to appear before the Attorney General, or the officer designated by him, to produce documentary evidence, or testify. Failure to obey the order of the court may be punished by the court as a contempt of court. (4) When requested, public officers, their deputies, assistants, subordinates, clerks or employees, shall furnish to the Attorney General or his designee all information and assistance so requested. (5) Investigations under this subsection shall be confidential. Any person participating in the investigation who, except as required in the discharge of his official duties, discloses to any person other than to a person under investigation, the name of any person under investigation or of any witness examined, or any other information obtained in the investigation shall be subject to suspension, dismissal or demotion in accordance with the provisions of chapter 2chapter 25 of Title 3, Virgin Islands Code shall be afforded no privilege or immunity from liability in any civil action which may arise out of such disclosure. (6) Every person whose conduct is investigated under this section shall be furnished with a written specification of the issues which are to be considered, and shall be given an opportunity to present evidence and be heard upon the specified issues. History: Added May 24, 1976, No. 3810, Sess. L. 1976, p. 49; amended July 30, 2016, No. 7888, § 13(c), Sess. L. 2016, p. 114.

Any citizen of the United States who has attained the age of 18 years and has resided within the Territory for six months or more is competent to serve as a juror unless: (1) He has been convicted in a state, territorial or federal court of record of a crime punishable by imprisonment for more than one year and his civil rights have not been restored by pardon or amnesty. (2) He is unable to read, write, speak and understand the English language. (3) He is incapable by reason of mental or physical infirmities to render efficient jury service. History: Amended May 26, 1971, No. 3023, Sess. L. 1971, p. 154.

The following persons are exempt from jury service: (1) Members in active service of the armed forces of the United States. (2) Members of the fire and police departments of the Territory. (3) Attorneys at law, ministers of the gospel or priests of any religious denomination, and practicing physicians and dentists. (4) Public officers in the legislative, executive or judicial branches of the Government of the United States or the government of the Virgin Islands who are actively engaged in the performance of official duties. (5) Persons who have served as jurors within the preceding year.

(a) The judge of the district court for good cause may excuse or exclude from jury service any person called as a juror. (b) Any class or group of persons may, for the public interest, be excluded from the jury panel or excused from service as jurors by order of the judge of the district court based on a finding that such jury service would entail undue hardship, extreme inconvenience or serious obstruction or delay in the fair and impartial administration of justice. (c) No citizen shall be excluded from service as a juror on account of race, color or religious belief.

The judge of the district court shall appoint four jury commissioners for each judicial division of the Territory, who shall be residents of the division of good standing and who, with the clerk of the district court or his deputy, shall constitute the jury commission of the judicial division. History: Amended May 10, 1967, No. 1967, § 2, Sess. L. 1967, p. 207.

Prior to each session of the district court at which a new panel of jurors will be required the court shall issue an order to the jury commission of the proper judicial division directing it to draw such a panel of jurors, specifying in the order the number of jurors to be drawn and, in the case of the division of Saint Croix, the place where the session of the court is to be held at which they are to serve.

The names of jurors shall be publicly drawn by the jury commission from a jury box containing the names of not less than 100 qualified persons at the time of each drawing. The jury box shall be filled and from time to time refilled by the jury commission. The jury commissioners and the clerk, or his deputy, shall alternately select and place in the jury box the names of qualified persons of intelligence, sobriety and integrity, and without reference to their political affiliations or opinions, until the jury box contains the names of at least 100 persons or such larger number as the court determines.

Jurors for the sessions of the district court at Christiansted and Frederiksted shall be residents of the Christiansted and Frederiksted jurisdictions, respectively, of the judicial division of Saint Croix. The jury commission of the judicial division of Saint Croix shall maintain separate jury boxes for the Christiansted and Frederiksted jurisdictions from which the names of such jurors may be drawn.

When a panel of jurors has been drawn by the jury commission for service at a session of the district court the clerk shall issue summons directing each person so drawn to attend the court at the time and place designated and shall deliver them to the marshal for service.

Jurors summoned for service in the district court shall serve for such period of time and at such session or sessions of the court as the court may direct, but no juror shall be required to serve for a longer period than three months unless actually engaged as a trial juror in a particular case.

Whenever the panel of jurors has been exhausted at a session of the district court the court may order the jury commission to draw a supplemental panel of jurors in such number as may be specified in the order or may direct the marshal to summon a sufficient number of talesmen from the citizens resident in the judicial division.

Only one jury panel shall be summoned for the trial of both civil and criminal actions at each session of the district court. Trial juries in civil actions shall be constituted as provided in subtitle 1 of Title 5. Trial juries in criminal actions shall be constituted as provided in subtitle 3 of Title 5.

The jury commissioners shall receive the compensation, and the jurors of the district court of the Virgin Islands shall receive the fees and travel and subsistence allowances now or hereafter fixed by sections 1864 and 1871 of Title 28 of the United States Code.

(a) No employer shall discharge, threaten to discharge, intimidate, or coerce any permanent employee by reason of such employee's jury service, or the attendance or scheduled attendance in connection with such service, in any court of the Territory of the Virgin Islands provided that such employee presents written evidence from the court indicating that such jury duty was served. (b) Any employer who violates the provisions of this section- (1) shall be liable for damages for any loss of wages or other benefits suffered by an employee by reason of such violation; (2) may be enjoined from further violations of this section and ordered to provide other appropriate relief, including but not limited to the reinstatement of any employee discharged by reason of his jury service; and (3) shall be subject to a civil penalty of not more than $1,000 for each violation as to each employee. (c) Any individual who is reinstated to a position of employment in accordance with the provisions of this section shall be considered as having been on furlough or leave-of-absence during his period of jury service, shall be reinstated to his position of employment without loss of seniority and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave-of-absence in effect with the employer at the time such individual entered upon jury service. (d) An individual claiming that his employer has violated the provisions of this section may make application to the Superior Court and the Court shall, upon finding probable merit in such claim, appoint counsel to represent such individual in any action in the Court necessary to the resolution of such claim. Such counsel shall be compensated and necessary expenses repaid from appropriations made for payments to attorneys and pursuant to the procedures of Title 5, section 3503 of this code, to the extent found reasonable by the Court. (e) In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel a reasonable attorney's fee as part of the costs. The court may award a prevailing employer a reasonable attorney's fee as part of the costs if the court determines that the action is frivolous, vexatious, or brought in bad faith. History: Added Oct. 20, 1981, No. 4643, Sess. L. 1981, p. 245.

Except as provided in section 512 of this title, all fees under this chapter shall be paid in advance. These fees do not include the stamp tax.

(a) Every officer, or other persons required to do or perform any act or service for any party to any action or proceeding, except a witness, shall be entitled to demand and receive from the party the compensation which the law allows therefor in advance; but a party to any action or proceeding in any court may, at his option, pay the fees of the officers thereof in advance or give the officers an undertaking with sufficient sureties therefor. (b) The fees secured to any officer of the court, by any party to the judgment may be collected by an execution against the property of the party and that of his sureties in the undertaking therefor. The officers' execution may issue in the name of the clerk as plaintiff in the writ and for the benefit of all officers of the court to whom fees are so due and secured whenever an execution might issue to enforce the judgment at the instance of the prevailing party therein.

(a) Any court in the Virgin Islands may authorize the commencement, prosecution, or defense of any action or proceeding, civil or criminal, or appeal therein, without prepayment of fees and costs, or security therefor, by a citizen of the United States who makes affidavit that he is unable to pay the fees and costs or to give security therefor. The affidavit shall state the nature of the action, defense, or appeal and affiant's belief that he is entitled to redress. An appeal may not be taken in forma pauperis if the trial court certifies in writing that it is not taken in good faith. (b) In any proceeding in forma pauperis in the Superior Court, the fees of the reporter for transcripts shall be paid by the government of the Virgin Islands under the same circumstances as the fees of the reporter of the district court are paid by the United States in like proceedings under section 753 of Title 28 of the United States Code. (c) The officers of the court shall issue and serve all process, and perform all duties, in proceedings under subsection (a) of this section. Witnesses shall attend as in other cases, and the same remedies shall be available as are provided for by law in other cases. (d) The court may appoint an attorney to represent any person unable to employ counsel. The court may dismiss the action if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious. (e) Judgment may be rendered for costs at the conclusion of the action, as in other cases, but the United States or the government of the Virgin Islands shall not be liable for any of the costs thus incurred. If the United States or the government of the Virgin Islands has paid the cost of a stenographic transcript for the prevailing party, the same shall be taxed in favor of the United States or the government of the Virgin Islands. History: Amended Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197.

In all cases where fees are not specifically covered by this chapter, the Supreme Court shall fix the amount thereof by order or rule. History: Amended July 30, 2016, No. 7888, § 12, Sess. L. 2016, p. 113.

History: Repealed. May 9, 2011, No. 7260, § 1, Sess. L. 2011, p. 82.

(1) Filing complaints, Small Claims Division $50.00 (2) Filing complaint, petition or application for damages not more than $2,5000, for appointment of guardian adoption mandate or injunctions; provided, however, that no filing fee shall be charged for a complaint of domestic violence. 75.00 (3) Additional certified copy of judgment (one free to each party) 10.00 (4) Certified copy of any record, per page 3.00 (5) Civil judgment assessment, chargeable to each losing party 500.00 (6) Probate adjudication assessment, for each final accounting in cases of settlement with administration 500.00 (7) Filing complaint, petition or application 75.00 (8) Filing application for probate or administration over $200 (less than $200 no charge) 150.00 (9) Filing application for appointment of guardian 20.00 (10) Additional certified copy of judgment (one free to each party) 10.00 (11) Certified copy of any record, per page 2.00 (12) Filing record on appeal, civil and criminal 5.00 (13) Filing will for safekeeping 75.00 (1) Filing complaints, Small Claims Division $50.00 (2) Filing complaint, petition or application for damages not more than $2,5000, for appointment of guardian adoption mandate or injunctions; provided, however, that no filing fee shall be charged for a complaint of domestic violence. 75.00 (3) Additional certified copy of judgment (one free to each party) 10.00 (4) Certified copy of any record, per page 3.00 (5) Civil judgment assessment, chargeable to each losing party 500.00 (6) Probate adjudication assessment, for each final accounting in cases of settlement with administration 500.00 (7) Filing complaint, petition or application 75.00 (8) Filing application for probate or administration over $200 (less than $200 no charge) 150.00 (9) Filing application for appointment of guardian 20.00 (10) Additional certified copy of judgment (one free to each party) 10.00 (11) Certified copy of any record, per page 2.00 (12) Filing record on appeal, civil and criminal 5.00 (13) Filing will for safekeeping 75.00 Such fees to be paid over to the Treasury of the Virgin Islands. History: Amended June 8, 1959, No. 434, §§ 1, 3, Sess. L. 1959, p. 48; Feb. 8, 1965, No. 1291, § 12, Sess. L. 1965, Pt. I, p. 11; March 10, 1965, No. 1334, Sess. L. 1965, Pt. 1, p. 53; April 6, 1973, No. 3413, Sess. L. 1973, p. 40; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Nov. 7, 1983, No. 4877, § 306(b), Sess. L. 1983, p. 228; Nov. 9, 1992, No. 5822, § 2, Sess. L. 1992, p. 167; Jan. 7, 1993, No. 5824, § 14(a), Sess. L. 1992, p. 175; April 28, 1993, No. 5835, § 3(a), Sess. L. 1993, p. 22; May 9, 2011, No. 7260, § 1(2.)(a)-(e), (3.), Sess. L. 2011, p. 82.

(1) Service of any type of summons, citations, warrant, subpoena, etc.; except writ of attachment of execution, each; provided, however, there shall be no fees charged in an action for domestic violence $50.00 (2) Endeavor on above, each 25.00 (3) Writs of attachment or execution, including all services except seizure and moving of property, each 75.00 Actual seizure and/or moving of property on attachment or execution, marshal may demand Actual (4) deposit for costs, per writ of $75.00 from movant or petitioner. Final taxable costs thereof to be cost plus 2%. (1) Service of any type of summons, citations, warrant, subpoena, etc.; except writ of attachment of execution, each; provided, however, there shall be no fees charged in an action for domestic violence $50.00 (2) Endeavor on above, each 25.00 (3) Writs of attachment or execution, including all services except seizure and moving of property, each 75.00 (4) Actual seizure and/or moving of property on attachment or execution, marshal may demand deposit for costs, per writ of $75.00 from movant or petitioner. Final taxable costs thereof to be Actual cost plus 2%. History: Amended Apr. 6, 1973, No. 3413, Sess. L. 1973, p. 40; Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; Nov. 7, 1983, No. 4877, § 306(c), Sess. L. 1983, p. 228; Nov. 9, 1992, No. 5822, § 3, Sess. L. 1992, p. 167; Jan. 7, 1993, No. 5824, § 14(b), Sess. L. 1992, p. 175; May 9, 2011, No. 7260, § 1(4.)(a)-(e), Sess. L. 2011, p. 82.

Fees of appraisers shall be fixed by the district court in its discretion, at not less than $5.00 per day or fraction thereof.

Subject to the provisions of section 778 of Title 3, the following fees shall be charged by notaries public: (1) Protest on notes and bills of exchange, when the note is issued in an amount (A) Not over $500 $3.50 (B) Over $500 and not over $1,500 4.50 (C) Over $1,500 and not over $3,000 5.50 (D) Over $3,000 and not over $5,000 6.50 (E) Over $5,000 7.50 (2) Other protests, etc. 2.50 (3) Receiving marine note of protest 3.50 (A) For copy of the proceedings, double the amount of ordinary fees for copies under section 882 of Title 3. (4) Authorization of journals for American vessels 2.50 (5) Oaths, affirmations and acknowledgments, as provided in section 520 of this title. (1) Protest on notes and bills of exchange, when the note is issued in an amount (A) Not over $500 $3.50 (B) Over $500 and not over $1,500 4.50 (C) Over $1,500 and not over $3,000 5.50 (D) Over $3,000 and not over $5,000 6.50 (E) Over $5,000 7.50 (2) Other protests, etc. 2.50 (3) Receiving marine note of protest 3.50 (A) For copy of the proceedings, double the amount of ordinary fees for copies under section 882 of Title 3. (4) Authorization of journals for American vessels 2.50 (5) Oaths, affirmations and acknowledgments, as provided in section 520 of this title. History: Amended Oct. 25, 1978, No. 4239, § 2, Sess. L. 1978, p. 272.

The fee of any person who takes an oath, affirmation or acknowledgment shall be $1.00, except that- (1) if such service is performed outside the office in the town limits, the fee shall be $1.50; and (2) if such service is performed outside the office in the country districts, the fee shall be $2.00. History: Amended May 16, 1957, No. 160, § 26, Sess. L. 1957, p. 27; Oct. 25, 1978, No. 4239, § 3, Sess. L. 1978, p. 272.

(a) Superior Court costs of $75.00 shall be paid by each person found delinquent in the payment of a traffic or criminal fine or delinquent in the payment of a traffic lien, by each person convicted of a criminal offense and by each person receiving treatment pursuant to Title 5, § 4612 or Title 19, § 607(b) of this Code. (b) Actual court costs including the cost of a jury, if any, shall be paid by the unsuccessful party in each civil case in the Superior Court. History: Added Nov. 7, 1983, No. 4877, § 306(e), Sess. L. 1983, p. 229; amended Oct. 31, 1998, No. 6269, § 4(a), Sess. L. 1998, p. 445; Sept. 28, 2001, No. 6463, § 28, Sess. L. 2001, p. 276.

Included; Headnotes The Governor of the Virgin Islands is authorized and directed to contract with a qualified law publisher for the editing and publication, in book and pamphlet form, of the past and future decisions of the District Court of the Virgin Islands, and of the past and future decisions of the United States Court of Appeals for the Third Circuit, the United States Supreme Court, and the Supreme Court of the Virgin Islands rendered on appeals from cases originating in the Virgin Islands, and such other judicial decisions, rendered locally, which, in the judgment of the Governor would be helpful in the administration of justice in the Virgin Islands. Each published decision shall contain headnotes denoting the principal points of law decided; and the arrangement of the decisions within each volume shall be approved by the Governor. History: June 3, 1958, No. 283, § 1, Sess. L. 1958, p. 9; amended Oct. 29, 2004, No. 6687, § 11, Sess. L. 2004, p. 190.

Service The volumes provided for in this chapter shall include all available judicial decisions rendered after the transfer of sovereignty over the Virgin Islands from Denmark to the United States. The volumes shall: (1) be bound in hard covers; (2) be designated the "Virgin Islands Reports"; (3) be consecutively numbered; (4) may contain any additional features pertinent to the decisions, such as tables, index, etc., which are approved by the Governor; and (5) be kept up to date by the preparation and publication of pamphlets. The type size and face, quality of paper, and format of the volumes shall be approved by the Governor. Future volumes may be published at such times as the Governor, in his discretion, determines. History: June 3, 1958, No. 283, § 2, Sess. L. 1958, p. 9.

The volumes and pamphlets published under this chapter shall be in such quantity, within appropriations therefor, and shall be sold to the public at such prices as determined by the Governor. History: June 3, 1958, No. 283, § 3, Sess. L. 1958, p. 10.

The Attorney General or an Assistant Attorney General designated in writing and the United States Attorney or an Assistant United States Attorney designated in writing shall have the authority to issue subpoenas, subscribed by them for witnesses, and/or for chattels, books, papers or documents, within the Virgin Islands in the conduct of the investigation of any crime, or in connection with the establishment and enforcement of child support obligations, within their respective jurisdictions. History: Added July 29, 1971, No. 3070, Sess. L. 1971, p. 298; amended May 5, 1998, No. 6228, § 1, Sess. L. 1998, p. 248.

Books, Etc (a) A subpoena must be substantially in the following form: "In the name of the Government of the Virgin Islands: "To: John Doe "You are hereby commanded to appear before Richard Roe, the Attorney General of the Virgin Islands (or the United States Attorney for the District of the Virgin Islands, as the case may be) at (naming the place), on (stating the day and hour) to give testimony in connection with the investigation by the Government of the Virgin Islands with the investigation of a charge against John Smith. "Dated this ____________________ day of ____________________, 19 ____________________. "Richard Roe "Attorney General (or United States Attorney as the case may be)." (b) If chattels, books, papers or documents be required, a direction to the following effect must be contained in the subpoena: "And you are required also to bring with you the following (describing adequately the chattels, books, papers or documents required)". History: Added July 29, 1971, No. 3070, Sess. L. 1971, p. 299.

A subpoena may be served by the Virgin Islands marshal and probation officer of the Superior Court, if the subpoena issues from the Office of the Attorney General, or his deputy, or the Marshal of the District Court, if the subpoena issues from the Office of the United States Attorney, or his deputy, or by any other person who is not a party and who is not less than 18 years of age. Service of a subpoena shall be made by delivering a copy thereof to the person named and by tendering to him the fee for one day's attendance and the mileage allowed by law. History: Added July 29, 1971, No. 3070, Sess. L. 1971, p. 299; amended Sept. 9, 1976, No. 3876, § 5, Sess. L. 1976, p. 197; amended July 30, 2016, No. 7888, § 11, Sess. L. 2016, p. 113.

The Supreme Court shall establish, by court rule, a Commission on Judicial Conduct, to address judicial discipline and the incapacity of a judicial officer of the Virgin Islands court system. The Commission may exercise all powers inherent to this function, including the power to suspend, retire, or remove a justice, judge, or magistrate judge from office. History: Added July 30, 2016, No. 7888, § 14, Sess. L. 2016, p. 114.

Counsel and Staff Communications to the Commission, the Commission Counsel, the Disciplinary Counsel, or their staffs relating to misconduct or incapacity, as well as testimony given in all proceedings before the Commission, are absolutely privileged and no civil lawsuit predicated thereupon may be instituted against any complainant or witness. Members of the Commission, the Commission Counsel, the Disciplinary Counsel, and their staffs are absolutely immune from civil suit for all conduct in the course of their official duties. History: Added July 30, 2016, No. 7888, § 14, Sess. L. 2016, p. 114.