2010 Annual Report - Supreme Court of the Virgin Islands
2010 Annual Report - Supreme Court of the Virgin Islands 2010 Annual Report - Supreme Court of the Virgin Islands
JURISDICTION OF THE SUPREME COURT OF THE VIRGIN ISLANDS The Virgin Islands Supreme Court is the equivalent of a state supreme court. As the highest court for the Virgin Islands, the Supreme Court is authorized to review all final orders, judgments and specified interlocutory orders of the Superior Court of the Virgin Islands pursuant to 4 V.I. Code Ann. § 32(a). The Supreme Court also has 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. The Supreme Court’s authority also includes jurisdiction of original proceedings for mandamus, prohibition, injunction, and similar remedies to protect its appellate jurisdiction. Cases before the Court are determined by three justices and a decision by two justices is required for a decision of the Court. The Supreme Court also has exclusive jurisdiction for the regulation of the legal profession and of admissions to the bar. The Court oversees the established, organized and integrated Virgin Islands Bar Association and promulgates and approves the rules regarding attorney discipline. The Court also approves and adopts the rules regarding attorney conduct and rules governing the admission to the Virgin Islands Bar and the discipline of attorneys. In general, the Court regulates all facets of the practice of law in the Virgin Islands. APPELLATE JURISDICTION SUPREME COURT OF THE VIRGIN ISLANDS Three Justices The Supreme Court is the “court of last resort” in the United States Virgin Islands. It is answerable only to the Third Circuit Court of Appeals and the United States Supreme Court, by writ of certiorari. The Supreme Court of the Virgin Islands hears appeals from any cause decided by the Superior Court of the Virgin Islands and has oversight authority over the Judicial Branch and all courts of the Virgin Islands, as well as original jurisdiction over proceedings necessary to protect its appellate jurisdiction and oversight. SUPERIOR COURT OF THE VIRGIN ISLANDS Nine Judges The Superior Court is the Virgin Islands’ trial court of general jurisdiction. It hears the following cases: • Civil matters • Criminal Cases (both felony and misdemeanor) • Domestic relations cases • Juvenile matters • Probate cases • Appeals and review from Magistrate decisions in small claims, traffic, etc. and decisions of administrative agencies Four Magistrates Magistrate Cases 5
COMPOSITION OF THE SUPREME COURT OF THE VIRGIN ISLANDS The Court assumed its appellate jurisdiction on January 29, 2007 and consists of a chief justice and two associate justices appointed for ten (10) year terms. The current justices are: Rhys S. Hodge, Chief Justice Maria M. Cabret, Associate Justice Ive Arlington Swan, Associate Justice The court is assisted by the service of active judges of the Superior Court and of retired judges of courts of record in the Virgin Islands who serve as designated Justices Pro Tem to fill vacancies on the court caused by disqualifications or other absences of the justices. During fiscal year 2010, the following jurists served as Designated Justices Pro Tem of the Supreme Court of the Virgin Islands: Hon. Thomas K. Moore, Retired District Court Judge; Hon. Curtis V. Gomez, Chief Judge of the District Court; Hon. Verne A. Hodge, Presiding Judge Emeritus of the Superior Court; Hon. Julio A. Brady, Judge of the Superior Court; Hon. Audrey L. Thomas, Judge of the Superior Court; Michael C. Dunston, Judge of the Superior Court; and Hon. Adam G. Christian, Judge of the Superior Court. ORGANIZATIONAL STRUCTURE The Chief Justice serves as the administrative head of the Supreme Court of the Virgin Islands, and is supported in carrying out those duties by the Office of the Administrative Director and the Office of the Clerk of the Court. In addition to serving as the administrative head of the Supreme Court, the Chief Justice has general oversight of the Judicial Branch. The Office of the Administrative Director renders guidance and supervision to the following divisions: Office of the Chief Marshal, Office of Bar Admissions, Division of Information and Technology Services, Division of Financial Services, Division of Facility Management, Division of Procurement Services, Division of Human Resources, and the Division of Archive and Library Services. The Office of the Clerk manages case processing, executes case management orders, issues certificates of good standing for attorneys and renders supervision to the Staff Attorneys. Both operational units work cohesively to ensure that all employees are properly supported in their endeavor to render quality services to the legal community and the general public. 6
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JURISDICTION OF THE<br />
SUPREME COURT OF THE<br />
VIRGIN ISLANDS<br />
The <strong>Virgin</strong> <strong>Islands</strong> <strong>Supreme</strong> <strong>Court</strong> is <strong>the</strong> equivalent <strong>of</strong> a state<br />
supreme court. As <strong>the</strong> highest court for <strong>the</strong> <strong>Virgin</strong> <strong>Islands</strong>, <strong>the</strong><br />
<strong>Supreme</strong> <strong>Court</strong> is authorized to review all final orders, judgments<br />
and specified interlocutory orders <strong>of</strong> <strong>the</strong> Superior <strong>Court</strong> <strong>of</strong><br />
<strong>the</strong> <strong>Virgin</strong> <strong>Islands</strong> pursuant to 4 V.I. Code Ann. § 32(a). The<br />
<strong>Supreme</strong> <strong>Court</strong> also has all inherent powers, including <strong>the</strong><br />
power to issue all writs necessary to <strong>the</strong> complete exercise <strong>of</strong> its<br />
duties and jurisdiction under <strong>the</strong> laws <strong>of</strong> <strong>the</strong> <strong>Virgin</strong> <strong>Islands</strong>. The<br />
<strong>Supreme</strong> <strong>Court</strong>’s authority also includes jurisdiction <strong>of</strong> original<br />
proceedings for mandamus, prohibition, injunction, and similar<br />
remedies to protect its appellate jurisdiction. Cases before <strong>the</strong><br />
<strong>Court</strong> are determined by three justices and a decision by two<br />
justices is required for a decision <strong>of</strong> <strong>the</strong> <strong>Court</strong>.<br />
The <strong>Supreme</strong> <strong>Court</strong> also has exclusive jurisdiction for <strong>the</strong><br />
regulation <strong>of</strong> <strong>the</strong> legal pr<strong>of</strong>ession and <strong>of</strong> admissions to <strong>the</strong> bar.<br />
The <strong>Court</strong> oversees <strong>the</strong> established, organized and integrated<br />
<strong>Virgin</strong> <strong>Islands</strong> Bar Association and promulgates and approves <strong>the</strong><br />
rules regarding attorney discipline. The <strong>Court</strong> also approves and<br />
adopts <strong>the</strong> rules regarding attorney conduct and rules governing<br />
<strong>the</strong> admission to <strong>the</strong> <strong>Virgin</strong> <strong>Islands</strong> Bar and <strong>the</strong> discipline <strong>of</strong><br />
attorneys. In general, <strong>the</strong> <strong>Court</strong> regulates all facets <strong>of</strong> <strong>the</strong> practice<br />
<strong>of</strong> law in <strong>the</strong> <strong>Virgin</strong> <strong>Islands</strong>.<br />
APPELLATE JURISDICTION<br />
SUPREME COURT OF THE VIRGIN ISLANDS<br />
Three Justices<br />
The <strong>Supreme</strong> <strong>Court</strong> is <strong>the</strong> “court <strong>of</strong> last resort” in <strong>the</strong> United States <strong>Virgin</strong> <strong>Islands</strong>. It is answerable only to <strong>the</strong> Third Circuit <strong>Court</strong> <strong>of</strong> Appeals<br />
and <strong>the</strong> United States <strong>Supreme</strong> <strong>Court</strong>, by writ <strong>of</strong> certiorari. The <strong>Supreme</strong> <strong>Court</strong> <strong>of</strong> <strong>the</strong> <strong>Virgin</strong> <strong>Islands</strong> hears appeals from any cause decided by<br />
<strong>the</strong> Superior <strong>Court</strong> <strong>of</strong> <strong>the</strong> <strong>Virgin</strong> <strong>Islands</strong> and has oversight authority over <strong>the</strong> Judicial Branch and all courts <strong>of</strong> <strong>the</strong> <strong>Virgin</strong> <strong>Islands</strong>, as well as<br />
original jurisdiction over proceedings necessary to protect its appellate jurisdiction and oversight.<br />
SUPERIOR COURT OF THE VIRGIN ISLANDS<br />
Nine Judges<br />
The Superior <strong>Court</strong> is <strong>the</strong> <strong>Virgin</strong> <strong>Islands</strong>’ trial court <strong>of</strong> general jurisdiction. It hears <strong>the</strong> following cases:<br />
• Civil matters<br />
• Criminal Cases (both felony and misdemeanor)<br />
• Domestic relations cases<br />
• Juvenile matters<br />
• Probate cases<br />
• Appeals and review from Magistrate decisions in small claims, traffic, etc. and decisions <strong>of</strong> administrative agencies<br />
Four Magistrates<br />
Magistrate Cases<br />
5
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