I

106TH CONGRESS

1ST SESSION H. R. 2011

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

JUNE 7, 1999

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 1999’’.

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

9 cays.

10 ‘‘Court for the Saint Croix Division shall be

11 held at Christiansted.

12 ‘‘(2) The Saint Thomas and Saint John Divi13 sion comprises the Islands of Saint Thomas and

14 Saint John and adjacent islands and cays.

15 ‘‘Court for the Saint Thomas and Saint John

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

17 (2) CONFORMING AMENDMENT.—The table of

18 contents for chapter 5 of title 28, United States

19 Code, is amended by inserting after the item relating

20 to section 126 the following:

‘‘126A. Virgin Islands.’’.

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

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

23 amended by inserting after the item relating to

24 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5 U.S.C. 1615, 1616, and 1617) are repealed.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 trial or appellate courts as may have

6 been or may hereafter be established by local law. The

7 local courts of the Virgin Islands shall have jurisdiction

8 over all causes of action in the Virgin Islands over which

9 any court established by the Constitution and laws of the

10 United States does not have exclusive jurisdiction.

11 ‘‘(b) PRACTICE AND PROCEDURE.—The rules gov12 erning the practice and procedure of the courts established

13 by local law and those prescribing the qualifications and

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

15 and the times and places of holding court shall be gov16 erned by local law or the rules promulgated by those

17 courts.’’.

18 (4) JURISDICTION OVER CRIMINAL MATTERS

19 AND INCOME TAX.—Section 22 of the Revised Or20 ganic Act of the Virgin Islands (48 U.S.C. 1612) is

21 amended to read as follows:

22 ‘‘SEC. 22. JURISDICTION OVER CRIMINAL MATTERS AND IN23 COME TAX.

24 ‘‘(a) JURISDICTION OVER CRIMINAL MATTERS.—

25 Nothing in this title shall be contrued to remove or impair
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1 the jurisdiction of the courts of the Virgin Islands under

2 the laws thereof.

3 ‘‘(b) JURISDICTION OVER INCOME TAX MATTERS.—

4 The United States District Court for the District of the

5 Virgin Islands shall have exclusive jurisdiction over all

6 criminal and civil proceedings in the Virgin Islands with

7 respect to the income tax laws applicable to the Virgin

8 Islands, regardless of the degree of the offense or of the

9 amount involved, except the ancillary laws relating to the

10 income tax enacted by the legislature of the Virgin Islands.

11 Any act or failure to act with respect to the income tax

12 laws applicable to the Virgin Islands which would con13 stitute a criminal offense described in chapter 75 of sub14 title F of the Internal Revenue Code of 1986 shall con15 stitute an offense against the government of the Virgin

16 Islands and may be prosecuted in the name of the govern17 ment of the Virgin Islands by appropriate officers thereof

18 in the United States District Court for the District of the

19 Virgin Islands without the request or consent of the

20 United States attorney for the Virgin Islands.’’.

21 (5) RELATIONS BETWEEN UNITED STATES

22 COURTS AND LOCAL COURTS.—Section 23 of the Re23 vised Organic Act of the Virgin Islands (48 U.S.C.

24 1613) is amended to read as follows:
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1 ‘‘SEC. 23. RELATIONS BETWEEN COURTS OF THE UNITED

2 STATES AND LOCAL COURTS.

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

4 established by the Constitution or laws of the United

5 States (including the United States District Court for the

6 District of the Virgin Islands) and the courts established

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

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

9 other matters or proceedings shall be governed by the laws

10 of the United States pertaining to the relations between

11 the courts of the United States, including the Supreme

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

13 States in such matters and proceedings, except that for

14 the first 15 years following the establishment of the appel15 late court authorized by section 21(a) of this Act, the

16 United States Court of Appeals for the Third Circuit shall

17 have jurisdiction to review by writ of certiorari all final

18 decisions of the highest court of the Virgin Islands from

19 which a decision could be had.

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

21 of the Third Circuit shall submit reports to the Committee

22 on Energy and Natural Resources of the Senate and the

23 Committee on Resources of the House of Representatives

24 at intervals of 5 years following the establishment of the

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

26 to whether that court has developed sufficient institutional
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1 traditions to justify direct review by the Supreme Court

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

3 court of the Virgin Islands.

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

5 for the Third Circuit shall have jurisdiction to promulgate

6 rules necessary to carry out the provisions of this sec7 tion.’’.

8 (6) APPELLATE JURISDICTION OF DISTRICT

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

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

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

12 place it appears and inserting ‘‘United States Dis13 trict Court for the District of the Virgin Islands’’.

14 (7) ASSIGNMENT OF ADDITIONAL JUDGES TO

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

16 of the Virgin Islands (48 U.S.C. 1613) is amended

17 to read as follows:

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

19 COURT.

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

21 dispatch of the business of the United States District

22 Court for the District of the Virgin Islands—

23 ‘‘(1) the chief judge of the Third Judicial Cir24 cuit of the United States may assign—
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1 ‘‘(A) a judge of a court of record of the

2 Virgin Islands established by local law,

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

4 Third Judicial Circuit, or

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

6 Court of the Virgin Islands, or

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

8 assign any other United States circuit or district

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

10 judge of the circuit from which the judge is as11 signed,

12 to serve temporarily as a judge of the United States Dis13 trict Court for the District of the Virgin Islands. After

14 the establishment of the appellate court authorized by sec15 tion 21(a) of this Act, no judge described in paragraph

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

17 section.’’.

18 (c) PLEADINGS AND PROCEEDINGS IN ENGLISH.—

19 All pleadings and proceedings in the United States Dis20 trict Court for the District of the Virgin Islands shall be

21 conducted in the English language.

22 (d) SAVINGS PROVISIONS.—

23 (1) PENDING CASES.—With respect to any com24 plaint or proceeding pending in the District Court of

25 the Virgin Islands on the day before the effective
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1 date of this Act, such complaint or proceeding may,

2 on and after such effective date, be pursued to final

3 determination in the United States District Court

4 for the District of the Virgin Islands, the United

5 States Court of Appeals for the Third Circuit, and

6 the United States Supreme Court.

7 (2) EXISTING OFFICERS OF THE COURT.—Any

8 individual who, on the effective date of this Act, is

9 serving as the United States Attorney for the Virgin

10 Islands, or the United States marshal for the Virgin

11 Islands, may continue in such office until a suc12 cessor is appointed pursuant to the provisions of

13 title 28, United States Code.

14 SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.

15 (a) RETIREMENT AND SURVIVORS’ ANNUITIES.—

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

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

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

19 Northern Mariana Islands, or the District Court of

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

21 Court of the Northern Mariana Islands’’.

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

23 title 28, United States Code, is amended in para24 graphs (1)(B) and (2)(B) by inserting ‘‘(as in effect

25 before the effective date of the Judicial District of
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1 the Virgin Islands Act of 1999)’’ after ‘‘the District

2 Court of the Virgin Islands’’.

3 (3) CALCULATION OF SERVICE AS A JUDGE.—

4 In the case of a judge of a district court retiring

5 under section 371 of title 28, United States Code,

6 service by the judge as a judge of the District Court

7 of the Virgin Islands before the effective date of this

8 Act shall be included in calculating service under

9 section 371(c) of such title.

10 (4) RIGHTS OF EXISTING RETIREES NOT AF11 FECTED.—Nothing in this Act shall be construed to

12 affect the rights of any judge who has retired as a

13 judge of the District Court of the Virgin Islands be14 fore the effective date of this Act.

15 (b) COURTS DEFINED.—Section 610 of title 28,

16 United States Code, is amended by striking ‘‘the District

17 Court of the Virgin Islands,’’.

18 (c) MAGISTRATE JUDGES.—Section 631(a) of title

19 28, United States Code, is amended—

20 (1) by striking ‘‘and the district court of the

21 Virgin Islands’’; and

22 (2) by striking the second sentence.

23 (d) INVESTIGATIONS BY ATTORNEY GENERAL.—Sec24 tion 526(a)(2) of title 28, United States Code, is amended
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1 by striking ‘‘and of the district court of the Virgin Is2 lands’’.

3 (e) COURTS OF APPEALS.—Section 1291 of title 28,

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

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

6 and all that follows through ‘‘Virgin Islands’’ and insert7 ing ‘‘and the District Court of Guam.’’.

8 (f) COURT OF APPEALS FOR THE FEDERAL CIR9 CUIT.—Section 1295(a) of title 28, United States Code,

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

11 United States District Court for the District of the Canal

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

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

14 (g) FEDERAL TORT CLAIMS.—Section 1346(b) of

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

16 together with’’ and all that follows through ‘‘Virgin Is17 lands,’’.

18 (h) COURT REPORTERS.—Section 753(a) of title 28,

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

20 striking ‘‘, the United States District Court for the Dis21 trict of the Canal Zone’’ and all that follows through ‘‘Vir22 gin Islands’’ and inserting ‘‘and the District Court of

23 Guam’’.

24 (i) REPRESENTATION OF CERTAIN DEFENDANTS.—

25 Section 3006A(j) of title 18, United States Code, is
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1 amended by striking ‘‘the District Court of the Virgin Is2 lands,’’.

3 SEC. 4. ADDITIONAL REFERENCES.

4 Any reference in any provision of law to the District

5 Court of the Virgin Islands shall, after the effective date

6 of this Act, be deemed to be a reference to the United

7 States District Court for the District of the Virgin Is8 lands.

9 SEC. 5. EFFECTIVE DATE.

10 This Act and the amendments made by this Act shall

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

12 the date of the enactment of this Act.

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