48 U.S.C. § 1614 — Judges of District Court
submitted 72 years ago by ch. 558 to r/title-48-TERRITORIES-AND-INSULAR-POSSESSIONS · 586 words · no verdicts yet
The President appoints two judges to the District Court of the Virgin Islands with the Senate’s advice and consent. This section sets their terms, removal for cause, chief judge, pay, temporary judicial assignments, criminal-procedure rules, and the appointment of the United States marshal.
(a) Appointment; tenure; removal; chief judge; compensation The President, with the advice and consent of the Senate, must appoint two judges for the District Court of the Virgin Islands. Each judge serves for ten years and continues serving until a successor is chosen and qualified, unless the President removes the judge earlier for cause. The judge who has the longest continuous service and otherwise qualifies under section 136(a) of title 28 must be the chief judge. A district judge’s salary must be the amount set for judges of United States district courts. If it appears necessary to conduct the district court’s business properly, the chief judge of the Third Judicial Circuit of the United States may temporarily assign any of these to serve as a judge of the District Court of the Virgin Islands: a judge of a Virgin Islands court of record established by local law; a circuit or district judge of the Third Judicial Circuit; or a recalled senior judge of the District Court of the Virgin Islands. The Chief Justice of the United States may also temporarily assign another United States circuit or district judge, but only with that judge’s consent and the consent of the chief judge of that judge’s circuit. The judges’ compensation and the court’s administrative expenses must be paid from appropriations for the United States judiciary. This section does not define “court of record.” (b) Criminal offenses; procedure; definitions; indictment and information When appropriate, part II of title 18, title 28, and the practice rules previously or later issued and made effective by Congress or the Supreme Court of the United States under titles 11, 18, and 28 apply to the district court and appeals from it. This is so even though rule 7(a) and rule 54(a) of the Federal Rules of Criminal Procedure concern, respectively, the requirement of an indictment and prosecuting criminal offenses in the Virgin Islands by information. When the Federal Rules of Criminal Procedure use “Attorney for the government” or “United States attorney” in a case arising under the income-tax laws that apply to the Virgin Islands, those terms mean the Attorney General of the Virgin Islands or another person whom Virgin Islands law authorizes to act in that case. In the district court, all criminal prosecutions under United States law, under local law under section 1612(c) of this title, and under the income-tax laws that apply to the Virgin Islands may proceed either by a grand-jury indictment or by information. But if a grand jury investigated or received an offense, the offense may be prosecuted by information only with the court’s permission or the defendant’s consent. Criminal prosecutions arising under local law and tried in the district court under section 1612(b) of this title must continue to proceed by information, except when local law requires prosecution by grand-jury indictment. This section does not define “information” or “court of record.” (c) United States marshal The Attorney General must appoint a United States marshal for the Virgin Islands. The provisions of chapter 37 of title 28 apply to that office.
The President shall, by and with the advice and consent of the Senate, appoint two judges for the District Court of the Virgin Islands, who shall hold office for terms of ten years and until their successors are chosen and qualified, unless sooner removed by the President for cause. The judge of the district court who is senior in continuous service and who otherwise qualifies under section 136(a) of title 28 shall be the chief judge of the court. The salary of a judge of the district court shall be at the rate prescribed for judges of the United States district courts. Whenever it is made to appear that such an assignment is necessary for the proper dispatch of the business of the district court, the chief judge of the Third Judicial Circuit of the United States may assign a judge of a court of record of the Virgin Islands established by local law, or a circuit or district judge of the Third Judicial Circuit, or a recalled senior judge of the District Court of the Virgin Islands, or the Chief Justice of the United States may assign any other United States circuit or district judge with the consent of the judge so assigned and of the chief judge of his circuit, to serve temporarily as a judge of the District Court of the Virgin Islands. The compensation of the judges of the district court and the administrative expenses of the court shall be paid from appropriations made for the judiciary of the United States.
Where appropriate, the provisions of part II of title 18 and of title 28 and, notwithstanding the provisions of rule 7(a) and of rule 54(a) of the Federal Rules of Criminal Procedure relating to the requirement of indictment and to the prosecution of criminal offenses in the Virgin Islands by information, respectively, the rules of practice heretofore or hereafter promulgated and made effective by the Congress or the Supreme Court of the United States pursuant to titles 11, 18, and 28 shall apply to the district court and appeals therefrom: Provided, That the terms “Attorney for the government” and “United States attorney” as used in the Federal Rules of Criminal Procedure, shall, when applicable to causes arising under the income tax laws applicable to the Virgin Islands, mean the Attorney General of the Virgin Islands or such other person or persons as may be authorized by the laws of the Virgin Islands to act therein: Provided further, That in the district court all criminal prosecutions under the laws of the United States, under local law under section 1612(c) of this title, and under the income tax laws applicable to the Virgin Islands may be had by indictment by grand jury or by information: Provided further, That an offense which has been investigated by or presented to a grand jury may be prosecuted by information only by leave of court or with the consent of the defendant. All criminal prosecutions arising under local law which are tried in the district court pursuant to section 1612(b) of this title shall continue to be had by information, except such as may be required by the local law to be prosecuted by indictment by grand jury.
The Attorney General shall appoint a United States marshal for the Virgin Islands, to whose office the provisions of chapter 37 of title 28 shall apply.
Source credit: (July 22, 1954, ch. 558, § 24, 68 Stat. 506; Pub. L. 85–851, § 7, Aug. 28, 1958, 72 Stat. 1095; Pub. L. 91–272, § 3(b), June 2, 1970, 84 Stat. 296; Pub. L. 98–454, title VII, § 706(a), (b), Oct. 5, 1984, 98 Stat. 1740.)
- 1954Enacted · Act of July 22, 1954, ch. 558 · 68 Stat. 506
- 1958Amended · Pub. L. 85-851 · 72 Stat. 1095
- 1970Amended · Pub. L. 91-272 · 84 Stat. 296
- 1984Amended · Pub. L. 98-454 · 98 Stat. 1740
A history note hasn’t been published yet. The record shows enactment by ch. 558 on 1954-07-22.
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