JUDICIAL BRANCH - Governor John P. deJongh

JUDICIAL BRANCH - Governor John P. deJongh JUDICIAL BRANCH - Governor John P. deJongh

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Nomination and Appointment of Public Defenders The Public Defender of each division of the office is appointed by, and shall serve, at the will of the Public Defender Administrative Board. The Board shall name one (1) appointee as Chief Public Defender, who shall serve a term of three (3) years and may be reappointed. The Chief Public Defender may be terminated by the Board for cause. The Public Defender for the St. Thomas/St. John Division of the Office shall reside in that division. The Public Defender for the St. Croix division of the Office shall reside in that division. Public Defenders shall be chosen on the basis of experience and the ability to defend persons accused of crimes. Duties of Public Defenders When representing an indigent client in a criminal proceeding before the Superior Court, the Public Defender shall counsel and defend the client at every stage of the proceedings, and at any appeals or other remedies, before or after conviction, that are considered to be in the interest of justice. Each Public Defender must devote his/her full time to the discharge of duties and cannot directly or indirectly engage in the private practice of law. Additionally, the Public Defender will not directly or indirectly refer any civil or criminal litigation to any particular lawyer or lawyers. Moreover, the Public Defender will not directly or indirectly recommend or suggest to any person the employment of a particular lawyer or lawyers to counsel, conduct, defend, or prosecute any legal matter or litigation when such action would conflict with the duties of a Public Defender. The Chief Public Defender makes an annual report to all members of the Board. The report shall contain a brief summary of all cases handled by the office during the preceding year. Federal Prisoner Access to Legal Publications The Chief Public Defender is authorized and directed to annually survey all federal prisons which houses prisoners incarcerated after being convicted for violating criminal statutes of the U.S. Virgin Islands. The purpose of the annual survey is to determine if the facility has made Virgin Islands legal publications and materials available to its prisoners. If it is determined that the facility does not have U.S. Virgin Islands legal publications and materials the Chief Public Defender shall forward the needed publications and materials to the facility. U.S. Virgin Islands legal publications and materials means Volumes 1, 1A, 2, and 3 of the Virgin Islands Code, and its supplements, and the volumes of the Virgin Islands reports which do not appear in the federal reports. 44

OFFICE OF THE TERRITORIAL PUBLIC PUBLIC DEFENDER ORGANIZATIONAL STRUCTURE Public Defender Administrative Board Chief Public Defender First Principal Attorney Administrator Fiscal Officer Client Defense & Investigations Administration Services Attorney Assistant Administrator Law Clerk Legal Secretary Data Entry Clerk Paralegal Receptionist Messenger Investigator Custodial Worker 45

Nomination and Appointment of Public Defenders<br />

The Public Defender of each division of the office is appointed by, and shall serve, at the will of the Public Defender<br />

Administrative Board. The Board shall name one (1) appointee as Chief Public Defender, who shall serve a term of<br />

three (3) years and may be reappointed. The Chief Public Defender may be terminated by the Board for cause. The<br />

Public Defender for the St. Thomas/St. <strong>John</strong> Division of the Office shall reside in that division. The Public Defender<br />

for the St. Croix division of the Office shall reside in that division. Public Defenders shall be chosen on the basis of<br />

experience and the ability to defend persons accused of crimes.<br />

Duties of Public Defenders<br />

When representing an indigent client in a criminal proceeding before the Superior Court, the Public Defender shall<br />

counsel and defend the client at every stage of the proceedings, and at any appeals or other remedies, before or<br />

after conviction, that are considered to be in the interest of justice.<br />

Each Public Defender must devote his/her full time to the discharge of duties and cannot directly or indirectly<br />

engage in the private practice of law. Additionally, the Public Defender will not directly or indirectly refer any civil<br />

or criminal litigation to any particular lawyer or lawyers. Moreover, the Public Defender will not directly or<br />

indirectly recommend or suggest to any person the employment of a particular lawyer or lawyers to counsel,<br />

conduct, defend, or prosecute any legal matter or litigation when such action would conflict with the duties of a<br />

Public Defender.<br />

The Chief Public Defender makes an annual report to all members of the Board. The report shall contain a brief<br />

summary of all cases handled by the office during the preceding year.<br />

Federal Prisoner Access to Legal Publications<br />

The Chief Public Defender is authorized and directed to annually survey all federal prisons which houses prisoners<br />

incarcerated after being convicted for violating criminal statutes of the U.S. Virgin Islands. The purpose of the<br />

annual survey is to determine if the facility has made Virgin Islands legal publications and materials available to its<br />

prisoners. If it is determined that the facility does not have U.S. Virgin Islands legal publications and materials the<br />

Chief Public Defender shall forward the needed publications and materials to the facility. U.S. Virgin Islands legal<br />

publications and materials means Volumes 1, 1A, 2, and 3 of the Virgin Islands Code, and its supplements, and the<br />

volumes of the Virgin Islands reports which do not appear in the federal reports.<br />

44

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