I 

111TH CONGRESS 

1ST SESSION H. R. 1991 

To establish the District Court of the Virgin Islands as a court under 

article III of the United States Constitution. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2009 

Mrs. CHRISTENSEN introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To establish the District Court of the Virgin Islands as 

a court under article III of the United States Constitution. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Judicial District of 

5 the Virgin Islands Act of 2009’’. 

6 SEC. 2. ESTABLISHMENT OF DISTRICT COURT OF THE VIR7 GIN ISLANDS AS AN ARTICLE III COURT. 

8 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—Chapter 5 of title 28, United 

2 States Code, is amended by inserting after section 

3 126 the following new section: 

4 ‘‘§ 126A. Virgin Islands 

5 ‘‘The Virgin Islands constitutes one judicial district 

6 comprising two divisions. 

7 ‘‘(1) The Saint Croix Division comprises the Is8 land of Saint Croix and adjacent islands and cays. 

9 ‘‘Court for the Saint Croix Division shall be 

10 held at Christiansted. 

11 ‘‘(2) The Saint Thomas and Saint John Divi12 sion comprises the Islands of Saint Thomas and 

13 Saint John and adjacent islands and cays. 

14 ‘‘Court for the Saint Thomas and Saint John 

15 Division shall be held at Charlotte-Amalie.’’. 

16 (2) CONFORMING AMENDMENT.—The table of 

17 contents for chapter 5 of title 28, United States 

18 Code, is amended by inserting after the item relating 

19 to section 126 the following: 

‘‘126A. Virgin Islands.’’. 

20 (3) NUMBER OF JUDGES.—The table contained 

21 in section 133(a) of title 28, United States Code, is 

22 amended by inserting after the item relating to 

23 Vermont the following: 

‘‘Virgin Islands ................................................................................... 2’’. 


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1 (b) REVISED ORGANIC ACT OF THE VIRGIN IS2 LANDS.— 

3 (1) REPEALS.—Sections 25, 26, and 27 of the 

4 Revised Organic Act of the Virgin Islands (48 

5 U.S.C. 1615, 1616, and 1617) are repealed. 

6 (2) BILL OF RIGHTS.—Section 3 of the Revised 

7 Organic Act of the Virgin Islands (48 U.S.C. 1561) 

8 is amended in the 23d undesignated paragraph— 

9 (A) by inserting ‘‘article III;’’ after ‘‘sec10 tion 9, clauses 2 and 3;’’; and 

11 (B) by striking ‘‘: Provided, however’’ and 

12 all that follows through the end of the para13 graph and inserting the following: ‘‘; except 

14 that all offenses under the laws of the Virgin 

15 Islands which are prosecuted in the courts es16 tablished by local law shall continue to be pros17 ecuted by information, except those that are re18 quired by local law to be prosecuted by indict19 ment by grand jury.’’. 

20 (3) JURISDICTION OF LOCAL COURTS.—Section 

21 21 of the Revised Organic Act of the Virgin Islands 

22 (48 U.S.C. 1611) is amended to read as follows: 


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1 ‘‘SEC. 21. JURISDICTION OF COURTS OF THE VIRGIN IS2 LANDS. 

3 ‘‘(a) JURISDICTION OF THE COURTS OF THE VIRGIN

4 ISLANDS.—The judicial power of the Virgin Islands shall 

5 be vested in such appellate court and lower local courts 

6 as may have been or may hereafter be established by local 

7 law. The courts of the Virgin Islands established by local 

8 law shall have jurisdiction over all causes of action in the 

9 Virgin Islands over which any court established by the 

10 Constitution and laws of the United States does not have 

11 exclusive jurisdiction. 

12 ‘‘(b) PRACTICE AND PROCEDURE.—The rules gov13 erning the practice and procedure of the courts established 

14 by local law and those prescribing the qualifications and 

15 duties of the judges and officers thereof, oaths and bonds, 

16 and the times and places of holding court shall be gov17 erned by local law or the rules promulgated by those 

18 courts.’’. 

19 (4) JURISDICTION OVER CRIMINAL MATTERS

20 AND INCOME TAX.—Section 22 of the Revised Or21 ganic Act of the Virgin Islands (48 U.S.C. 1612) is 

22 amended to read as follows: 

23 ‘‘SEC. 22. JURISDICTION OVER INCOME TAX. 

24 ‘‘The United States District Court for the District 

25 of the Virgin Islands shall have exclusive jurisdiction over 

26 all criminal and civil proceedings in the Virgin Islands 


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1 with respect to the income tax laws applicable to the Vir2 gin Islands, regardless of the degree of the offense or of 

3 the amount involved, except the ancillary laws relating to 

4 the income tax enacted by the legislature of the Virgin 

5 Islands. Any act or failure to act with respect to the in6 come tax laws applicable to the Virgin Islands which would 

7 constitute a criminal offense described in chapter 75 of 

8 the Internal Revenue Code of 1986 shall constitute an of9 fense against the government of the Virgin Islands and 

10 may be prosecuted in the name of the government of the 

11 Virgin Islands by appropriate officers thereof in the 

12 United States District Court for the District of the Virgin 

13 Islands without the request or consent of the United 

14 States attorney for the Virgin Islands.’’. 

15 (5) RELATIONS BETWEEN UNITED STATES

16 COURTS AND LOCAL COURTS.—Section 23 of the Re17 vised Organic Act of the Virgin Islands (48 U.S.C. 

18 1613) is amended to read as follows: 

19 ‘‘SEC. 23. RELATIONS BETWEEN COURTS OF THE UNITED 

20 STATES AND LOCAL COURTS. 

21 ‘‘(a) IN GENERAL.—The relations between the courts 

22 established by the Constitution or laws of the United 

23 States (including the United States District Court for the 

24 District of the Virgin Islands) and the courts established 

25 by local law with respect to appeals, certiorari, removal 


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1 of causes, the issuance of writs of habeas corpus, and 

2 other matters or proceedings shall be governed by the laws 

3 of the United States pertaining to the relations between 

4 the courts of the United States, including the Supreme 

5 Court of the United States, and the courts of the several 

6 States in such matters and proceedings, except that for 

7 the first 15 years following the establishment of the appel8 late court authorized by section 21(a) of this Act, the 

9 United States Court of Appeals for the Third Circuit shall 

10 have jurisdiction to review by writ of certiorari all final 

11 decisions of the highest court of the Virgin Islands from 

12 which a decision could be had. 

13 ‘‘(b) REPORTS TO CONGRESS.—The Judicial Council 

14 of the Third Circuit shall submit reports to the Committee 

15 on Energy and Natural Resources of the Senate and the 

16 Committee on Resources of the House of Representatives 

17 at intervals of 5 years following the establishment of the 

18 appellate court authorized by section 21(a) of this Act as 

19 to whether that court has developed sufficient institutional 

20 traditions to justify direct review by the Supreme Court 

21 of the United States from all final decisions of the highest 

22 court of the Virgin Islands. 

23 ‘‘(c) RULES.—The United States Court of Appeals 

24 for the Third Circuit shall have jurisdiction to promulgate 


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1 rules necessary to carry out the provisions of this sec2 tion.’’. 

3 (6) APPELLATE JURISDICTION OF DISTRICT

4 COURT.—Section 23A of the Revised Organic Act of 

5 the Virgin Islands (48 U.S.C. 1613a) is amended by 

6 striking ‘‘District Court of the Virgin Islands’’ each 

7 place it appears and inserting ‘‘United States Dis8 trict Court for the District of the Virgin Islands’’. 

9 (7) ASSIGNMENT OF ADDITIONAL JUDGES TO

10 THE COURT.—Section 24 of the Revised Organic Act 

11 of the Virgin Islands (48 U.S.C. 1614) is amended 

12 to read as follows: 

13 ‘‘SEC. 24. ASSIGNMENT OF ADDITIONAL JUDGES TO THE 

14 COURT. 

15 ‘‘Whenever it appears to be necessary for the proper 

16 dispatch of the business of the United States District 

17 Court for the District of the Virgin Islands— 

18 ‘‘(1) the chief judge of the Third Judicial Cir19 cuit of the United States may assign— 

20 ‘‘(A) a judge of a court of record of the 

21 Virgin Islands established by local law, 

22 ‘‘(B) a circuit or district judge of the 

23 Third Judicial Circuit, or 

24 ‘‘(C) a recalled senior judge of the District 

25 Court of the Virgin Islands, or 


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1 ‘‘(2) the Chief Justice of the United States may 

2 assign any other United States circuit or district 

3 judge, with the consent of that judge and the chief 

4 judge of the circuit from which the judge is as5 signed, 

6 to serve temporarily as a judge of the United States Dis7 trict Court for the District of the Virgin Islands. After 

8 the establishment of the appellate court authorized by sec9 tion 21(a) of this Act, no judge described in paragraph 

10 (1)(A) may be assigned to the district court under this 

11 section.’’. 

12 (c) PLEADINGS AND PROCEEDINGS IN ENGLISH.— 

13 All pleadings and proceedings in the United States Dis14 trict Court for the District of the Virgin Islands shall be 

15 conducted in the English language. 

16 (d) SAVINGS PROVISIONS.— 

17 (1) PENDING CASES.—With respect to any com18 plaint or proceeding pending in the District Court of 

19 the Virgin Islands on the day before the effective 

20 date of this Act, such complaint or proceeding may, 

21 on and after that effective date, be pursued to final 

22 determination in the United States District Court 

23 for the District of the Virgin Islands, the United 

24 States Court of Appeals for the Third Circuit, the 


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1 United States Court of Appeals for the Federal Cir2 cuit, and the United States Supreme Court. 

3 (2) TENURE OF INCUMBENT JUDGES.—A judge 

4 of the District Court of the Virgin Islands in office 

5 on the day before the effective date of this section 

6 shall continue in office on and after that effective 

7 date until the expiration of the term for which the 

8 judge was appointed, or until the judge dies, resigns, 

9 or is removed from office, whichever occurs first. 

10 When a vacancy occurs on the court on or after the 

11 effective date of this section, the President, in ac12 cordance with section 133(a) of title 28, United 

13 States Code, shall appoint, by and with the advice 

14 and consent of the Senate, a district judge for the 

15 District of the Virgin Islands. 

16 (3) EXISTING OFFICERS OF THE COURT.—Any 

17 individual who, on the day before the effective date 

18 of this Act, is serving as the United States Attorney 

19 for the Virgin Islands, or the United States marshal 

20 for the Virgin Islands, may continue in such office 

21 on and after that effective date until a successor is 

22 appointed pursuant to the provisions of title 28, 

23 United States Code. 


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1 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS. 

2 (a) JUDICIAL COMPARISONS.—Section 333 of title 

3 28, United States Code, is amended— 

4 (1) by striking ‘‘, the District Court of the Vir5 gin Islands,’’; and 

6 (2) by striking ‘‘to the conferences of their re7 spective circuits’’ and inserting ‘‘to the conference of 

8 the ninth circuit’’. 

9 (b) RETIREMENT AND SURVIVORS’ ANNUITIES.— 

10 (1) RETIREMENT.—Section 373 of title 28, 

11 United States Code, is amended in subsections (a) 

12 and (e) by striking ‘‘, the District Court of the 

13 Northern Mariana Islands, or the District Court of 

14 the Virgin Islands’’ and inserting ‘‘or the District 

15 Court of the Northern Mariana Islands’’. 

16 (2) SURVIVORS’ ANNUITIES.—Section 376(a) of 

17 title 28, United States Code, is amended in para18 graphs (1)(B) and (2)(B) by inserting ‘‘(as in effect 

19 before the effective date of the Judicial District of 

20 the Virgin Islands Act of 2009)’’ after ‘‘the District 

21 Court of the Virgin Islands’’. 

22 (3) RETIREMENT RIGHTS AND BENEFITS.—The 

23 amendments made by this section shall not affect 

24 the rights under sections 373 and 376 of title 28, 

25 United States Code, of any judge of the District 

26 Court of the Virgin Islands who retires before the efVerDate Nov 24 2008 22:15 Apr 22, 2009 Jkt 079200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H1991.IH H1991

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1 fective date of this section or who continues in office 

2 on or after that date under subsection (c)(2) of this 

3 section. Service as a judge of the District Court of 

4 the Virgin Islands appointed under section 24 of the 

5 Revised Organic Act of the Virgin Islands (48 

6 U.S.C. 1614) shall be included in calculating service 

7 under sections 371 and 372 of title 28, United 

8 States Code, and shall not be counted for purposes 

9 of section 373 of that title, if the judge is re10 appointed, after the effective date of this section, 

11 under section 133(a) of title 28, United States Code, 

12 as district judge for the District of the Virgin Is13 lands. 

14 (c) INVESTIGATIONS BY ATTORNEY GENERAL.—Sec15 tion 526(a)(2) of title 28, United States Code, is amended 

16 by striking ‘‘and of the district court of the Virgin Is17 lands’’. 

18 (d) COURTS DEFINED.—Section 610 of title 28, 

19 United States Code, is amended by striking ‘‘the United 

20 States District Court for the District of the Canal Zone,’’ 

21 and by striking ‘‘the District Court of the Virgin Is22 lands,’’. 

23 (e) MAGISTRATE JUDGES.—Section 631(a) of title 

24 28, United States Code, is amended— 


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1 (1) in the first sentence, by striking ‘‘Virgin Is2 lands, Guam, and’’ and inserting ‘‘Guam and’’; and 

3 (2) in the second sentence, by striking ‘‘Virgin 

4 Islands, Guam, or’’ and inserting ‘‘Guam or’’. 

5 (f) COURT REPORTERS.—Section 753(a) of title 28, 

6 United States Code, is amended in the first paragraph by 

7 striking ‘‘, the United States District Court for the Dis8 trict of the Canal Zone’’ and all that follows through ‘‘Vir9 gin Islands’’ and inserting ‘‘and the District Court of 

10 Guam’’. 

11 (g) COURTS OF APPEALS.— 

12 (1) FINAL DECISIONS OF DISTRICT COURTS.— 

13 Section 1291 of title 28, United States Code, is 

14 amended by striking ‘‘, the United States District 

15 Court for the District of the Canal Zone,’’ and all 

16 that follows through ‘‘Virgin Islands’’ and inserting 

17 ‘‘and the District Court of Guam’’. 

18 (2) INTERLOCUTORY DECISIONS.—Section 1292 

19 of title 28, United States Code, is amended— 

20 (A) in subsection (a)(1), by striking ‘‘, the 

21 United States District Court for the District of 

22 the Canal Zone’’ and all that follows through 

23 ‘‘Virgin Islands,’’ and inserting ‘‘and the Dis24 trict Court of Guam,’’; and 


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1 (B) in subsection (d)(4)(A), by striking 

2 ‘‘the District Court of the Virgin Islands,’’. 

3 (3) CIRCUITS IN WHICH DECISIONS REVIEW4 ABLE.—Section 1294 of title 28, United States 

5 Code, is amended— 

6 (A) in paragraph (1), by striking ‘‘United 

7 States to’’ and inserting ‘‘United States, to’’; 

8 (B) by striking paragraphs (2) and (3); 

9 and 

10 (C) by redesignating paragraph (4) as 

11 paragraph (2). 

12 (h) COURT OF APPEALS FOR THE FEDERAL CIR13 CUIT.—Section 1295(a) of title 28, United States Code, 

14 is amended in paragraphs (1) and (2) by striking ‘‘the 

15 United States District Court for the District of the Canal 

16 Zone’’ and all that follows through ‘‘Virgin Islands,’’ and 

17 inserting ‘‘the District Court of Guam,’’. 

18 (i) FEDERAL TORT CLAIMS.—Section 1346(b)(1) of 

19 title 28, United States Code, is amended by striking ‘‘, 

20 together with’’ and all that follows through ‘‘Virgin Is21 lands,’’. 

22 (j) REPRESENTATION OF CERTAIN DEFENDANTS.— 

23 Section 3006A(j) of title 18, United States Code, is 

24 amended by striking ‘‘the District Court of the Virgin Is25 lands,’’. 


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1 (k) VENUE.—Sections 1404(d) and 1406(c) of title 

2 28, United States Code, are each amended by striking ‘‘, 

3 the District Court for the Northern Mariana Islands, and 

4 the District Court of the Virgin Islands,’’ and inserting 

5 ‘‘and the District Court for the Northern Mariana Is6 lands,’’. 

7 (l) BANKRUPTCY JUDGES.—The table contained in 

8 section 152(a)(2) of title 28, United States Code, is 

9 amended by inserting after the item relating to Vermont 

10 the following new item: 

‘‘Virgin Islands ................................................................................... 2’’. 

11 (m) OTHER TITLE 18 AMENDMENTS.—(1) Section 

12 23 of title 18, United States Code, is amended— 

13 (A) by striking ‘‘Guam, the’’ and inserting 

14 ‘‘Guam and’’; and 

15 (B) by striking ‘‘, and the District Court of the 

16 Virgin Islands’’. 

17 (2) Section 6001(4) of title 18, United States Code, 

18 is amended by striking ‘‘the District Court of the Virgin 

19 Islands,’’. 

20 SEC. 4. ADDITIONAL REFERENCES. 

21 Any reference in any provision of law to the District 

22 Court of the Virgin Islands shall, on and after the effective 

23 date of this Act, be deemed to be a reference to the United 

24 States District Court for the District of the Virgin Is25 lands. 


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1 SEC. 5. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

3 take effect at the end of the 90-day period beginning on 

4 the date of the enactment of this Act. 

Æ 


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