District Court of the Virgin Islands

Last updated

District Court of the Virgin Islands
(D.V.I.)
Seal of the United States District Court for the District of the Virgin Islands.png
Location Charlotte Amalie
More locations
Appeals to Third Circuit
Established1936
Authority Article IV tribunal
Created by 48 U.S.C.   §§ 16111617
Composition method Presidential nomination
with Senate advice and consent
Judges2
Judge term length10 years (and until successor is chosen and qualified)
Chief Judge Robert A. Molloy
Officers of the court
U.S. Attorney Delia L. Smith
www.vid.uscourts.gov

The District Court of the Virgin Islands [1] (in case citations, D.V.I.) is a United States territorial court with jurisdiction over federal and diversity actions in the United States Virgin Islands, a United States territory and more specifically an insular area that is an unincorporated organized territory. The court sits in both St. Croix and St. Thomas. Unlike United States district courts, judges on the District Court of the Virgin Islands do not have life tenure, as the court is not an Article III court. Instead, the court is an Article IV court, created pursuant to Congress's Article IV, Section 3 powers. Judges serve for terms of ten years at a time, and until a successor is chosen and qualified. [2] Appeals of the court's decisions are taken to the United States Court of Appeals for the Third Circuit in Philadelphia. [3] [4]

Contents

The District Court used to have jurisdiction over all local civil actions brought in the Virgin Islands, but in 1976 the Virgin Islands Legislature—as allowed by the Revised Organic Act of 1954—gave a portion of this jurisdiction to the former Territorial Court of the Virgin Islands, at that time the local trial court. The jurisdiction of the Territorial Court was expanded to all civil actions in 1990. Similarly, the Legislature gave the Territorial Court jurisdiction over certain criminal actions brought under Virgin Islands law in 1985 and expanded that jurisdiction to all criminal cases in 1993, although the United States Attorney may still bring certain criminal actions in the District Court in some circumstances. In 2004 the Territorial Court was renamed the Superior Court of the Virgin Islands.

Before the creation of the Supreme Court of the Virgin Islands in 2007, the Appellate Division of the District Court heard appeals from the Superior Court in three-judge panels. From 2007, the Supreme Court hears these appeals exclusively, with its decisions subject to review by the United States Supreme Court if that court decides to grant certiorari .

The current United States attorney for the District of the Virgin Islands is Delia L. Smith.

Current judges

As of April 27,2021:

#TitleJudgeDuty stationBornTerm of serviceAppointed by
Active Chief Senior
12Chief Judge Robert A. Molloy Charlotte Amalie 19752020–present2021–present Trump
11District Judge Wilma A. Lewis Christiansted 19562011–present2013–2021 Obama
10Senior Judge Curtis V. Gómez inactive19532005–20202005–20132020–present G.W. Bush

Vacancy and pending nomination

SeatPrior judge's duty stationSeat last held byVacancy reasonDate of vacancyNomineeDate of nomination
Christiansted Wilma A. Lewis Term expiredNovember 10, 2021

Former judges

#JudgeStateBorn–diedActive service Chief Judge Senior status Appointed byReason for
termination
1 George Philip Jones [5] [6] [7] VI 1877–19541936–1937 F. Roosevelt expiration of recess appointment
2 William H. Hastie VI 1904–19761937–1939 F. Roosevelt resignation
3 Herman E. Moore [8] VI 1892–19801939–1957 F. Roosevelt retirement
4 Walter A. Gordon VI 1894–19761958–1968 Eisenhower expiration of term
5 Almeric L. Christian [9] [10] VI 1919–19991969–19901971–19881990–1993 Nixon retirement
6 Warren H. Young [11] [12] VI 1916–19801971–1980 Nixon death
7 David V. O'Brien [13] [14] [15] VI 1932–19891981–19891988–1989 Reagan death
8 Thomas K. Moore [10] [16] VI 1938–1992–20051992–1999 G.H.W. Bush expiration of term
9 Raymond L. Finch VI 1940–20231994–20081999–20052008–2018 Clinton retirement

See also

Related Research Articles

<span class="mw-page-title-main">Politics of the United States Virgin Islands</span> Politics of a U.S. territory

Politics of the United States Virgin Islands takes place in a framework of a presidential representative democratic dependency, whereby the Governor is the head of the territory's government, and of a multi-party system. United States Virgin Islands are an unincorporated and organized territory of the United States, administered by the Office of Insular Affairs of the United States Department of the Interior. Executive power is exercised by the local government of the Virgin Islands. The judiciary is independent of the executive and the legislature.

<span class="mw-page-title-main">United States courts of appeals</span> Post-1891 U.S. appellate circuit courts

The United States courts of appeals are the intermediate appellate courts of the United States federal judiciary. The courts of appeals are divided into 13 "Circuits". Eleven of the circuits are numbered "First" through "Eleventh" and cover geographic areas of the United States and hear appeals from the U.S. district courts within their borders. The District of Columbia Circuit covers only Washington, DC. The Federal Circuit hears appeals from federal courts across the United States in cases involving certain specialized areas of law. The courts of appeals also hear appeals from some administrative agency decisions and rulemaking, with by far the largest share of these cases heard by the D.C. Circuit. Appeals from decisions of the courts of appeals can be taken to the U.S. Supreme Court.

<span class="mw-page-title-main">United States district court</span> Trial court of the U.S. federal judiciary

The United States district courts are the trial courts of the U.S. federal judiciary. There is one district court for each federal judicial district, which each cover one U.S. state or, in some cases, a portion of a state. Each district court has at least one courthouse, and many districts have more than one. District courts' decisions are appealed to the U.S. court of appeals for the circuit in which they reside, except for certain specialized cases that are appealed to the U.S. Court of Appeals for the Federal Circuit or directly to the U.S. Supreme Court.

<span class="mw-page-title-main">Federal government of the United States</span> National government of the United States

The federal government of the United States is the national government of the United States, a federal republic located primarily in North America, composed of 50 states, five major self-governing territories, several island possessions, and the federal district and national capital of Washington, D.C., where most of the federal government is based.

<span class="mw-page-title-main">United States Court of Appeals for the Ninth Circuit</span> Federal appellate court for the western U.S.

The United States Court of Appeals for the Ninth Circuit is the U.S. federal court of appeals that has appellate jurisdiction over the U.S. district courts in the following federal judicial districts:

<span class="mw-page-title-main">United States Court of Appeals for the Third Circuit</span> Current United States federal appellate court

The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:

<span class="mw-page-title-main">Judiciary Act of 1789</span> United States law establishing the federal court system

The Judiciary Act of 1789 was a United States federal statute enacted on September 24, 1789, during the first session of the First United States Congress. It established the federal judiciary of the United States. Article III, Section 1 of the Constitution prescribed that the "judicial power of the United States, shall be vested in one Supreme Court, and such inferior Courts" as Congress saw fit to establish. It made no provision for the composition or procedures of any of the courts, leaving this to Congress to decide.

In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and associate justices of the U.S. Supreme Court, circuit judges of the U.S. Courts of Appeals, district judges of the U.S. District Courts, and judges of the U.S. Court of International Trade. These judges are often called "Article Three judges".

The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals.

<span class="mw-page-title-main">United States District Court for the District of Hawaii</span> United States federal court of the 9th circuit

The appointment of federal judges for United States federal courts is done via nomination by the President of the United States and confirmation by the United States Senate. The tables below provide the composition of all Article III courts which include the Supreme Court and the Courts of Appeals at the end of each four year presidential term, as well as the current compositions of the District Courts and the Court of International Trade, categorizing the judges by the presidential term during which they were first appointed to their seats.

The United States territorial courts are tribunals established in territories of the United States by the United States Congress, pursuant to its power under Article Four of the United States Constitution, the Territorial Clause. Most United States territorial courts are defunct because the territories under their jurisdiction have become states or been retroceded.

The Judiciary Act of 1925, also known as the Judge's Bill or Certiorari Act, was an act of the United States Congress that sought to reduce the workload of the Supreme Court of the United States.

<span class="mw-page-title-main">District Court of Guam</span> United States territorial court

The District Court of Guam is a United States territorial court with jurisdiction over the United States territory of Guam. It sits in the capital, Hagåtña. Appeals of the court's decisions are taken to the United States Court of Appeals for the Ninth Circuit. It is not an Article III court, and therefore its judges do not have life tenure, but are appointed to ten-year terms.

The Supreme Court of the Commonwealth of the Northern Mariana Islands, 1 CMC § 3101, is the highest court of the United States Commonwealth of the Northern Mariana Islands (CNMI), exercising civil and criminal appellate jurisdiction over commonwealth law matters. It should not be confused with the District Court for the Northern Mariana Islands, which exercises jurisdiction over federal law. The Supreme Court sits in the capital, Saipan, and consists of a Chief Justice and two Associate Justices. The CNMI has no intermediate appellate commonwealth law court, which means that the CNMI Supreme Court hears appeals directly from the trial-level Superior Court.

The Virgin Islands Superior Court is the trial court of general jurisdiction for the United States Virgin Islands. The court is composed of nine judges. They are appointed by the governor and confirmed by the Legislature. Effective January 29, 2007 the Supreme Court of the Virgin Islands assumed jurisdiction over appeals from the Superior Court.

The Government of Guam (GovGuam) is a presidential representative democratic system, whereby the president is the head of state and the governor is head of government, and of a multi-party system. Guam is an organized, unincorporated territory of the United States with policy relations between Guam and the US under the jurisdiction of the Office of Insular Affairs.

United States v. More, 7 U.S. 159 (1805), was a United States Supreme Court case in which the Court held that it had no jurisdiction to hear appeals from criminal cases in the circuit courts by writs of error. Relying on the Exceptions Clause, More held that Congress's enumerated grants of appellate jurisdiction to the Court operated as an exercise of Congress's power to eliminate all other forms of appellate jurisdiction.

References

  1. "48 U.S. Code § 1614 – Judges of District Court". Legal Information Institute . Cornell Law School. Retrieved August 25, 2017.
  2. 48 U.S.C.   § 1614
  3. 48 U.S.C.   § 1613a
  4. "Virgin Islands Law Component Outline Material" (PDF). Virgin Islands Supreme Court. March 2018. p. v. Retrieved May 16, 2023.
  5. Journal of the Executive Proceedings of the Senate of the United States of America 1939.
  6. "Minnesota Democracy Is Proud of Its Leaders", The Saint Paul Globe (August 3, 1902), p. 23, 28.
  7. "George P. Jones, 1904 Convention Delegate, Dies", Star Tribune (December 14, 1954), p. 20.
  8. Studies in the History of the United States Courts of the Third Circuit.
  9. "Judge Almeric Christian Dies". stjohnsource.com. September 1999. Retrieved June 23, 2019.
  10. 1 2 "PN725—Thomas K. Moore—The Judiciary". www.congress.gov. June 26, 1992. Retrieved June 23, 2019.
  11. The Federal reporter. Second series, Volume 568.
  12. "Obituary: Warren H. Young", New York Daily News (June 7, 1980), p. 15.
  13. "PN815—David V. O'Brien—The Judiciary". www.congress.gov. November 5, 1981. Retrieved June 23, 2019.
  14. "PN1220—Raymond L. Finch—The Judiciary". www.congress.gov. May 6, 1994. Retrieved June 23, 2019.
  15. "David V. O'Brien, Federal Judge, 57". The New York Times. December 26, 1989. Retrieved June 23, 2019.
  16. "Thomas K Moore, United States District Court for the District of the US Virgin Islands: Profile and Biography". Bloomberg.com.