I
105TH CONGRESS
2D SESSION
H. R. 3642
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 1, 1998
Ms. CHRISTIAN-GREEN 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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Judicial District of
the Virgin Islands Act of 1998’’.
SEC. 2. ESTABLISHMENT OF DISTRICT COURT OF THE VIR-
GIN ISLANDS AS AN ARTICLE III COURT.
(a) ESTABLISHMENT.—
(1) IN GENERAL.—Chapter 5 of title 28, United
States Code, is amended by inserting after section
126 the following new section:
‘‘§ 126A. Virgin Islands
‘‘The Virgin Islands constitutes one judicial district
comprising two divisions.
‘‘(1) The Saint Croix Division comprises the Is-
land of Saint Croix and adjacent islands and
cays.
‘‘Court for the Saint Croix Division shall be
held at Christiansted.
‘‘(2) The Saint Thomas and Saint John Divi-
sion comprises the Islands of Saint Thomas and
Saint John and adjacent islands and cays.
‘‘Court for the Saint Thomas and Saint John
Division shall be held at Charlotte-Amalie.’’.
(2) CONFORMING AMENDMENT.—The table of
contents for chapter 5 of title 28, United States
Code, is amended by inserting after the item relating
to section 126 the following:
‘‘126A. Virgin Islands.’’.
(3) NUMBER OF JUDGES.—The table contained
in section 133(a) of title 28, United States Code, is
amended by inserting after the item relating to Ver-
mont the following:
‘‘Virgin Islands ..........................................................................................
2’’.
(b) REVISED ORGANIC ACT
OF
THE VIRGIN IS-
LANDS.—
(1) REPEALS.—Sections 25, 26, and 27 of the
Revised Organic Act of the Virgin Islands (48
U.S.C. 1615, 1616, and 1617) are repealed.
(2) BILL OF RIGHTS.—Section 3 of the Revised
Organic Act of the Virgin Islands (48 U.S.C. 1561)
is amended in the 23d undesignated paragraph—
(A) by inserting ‘‘article III;’’ after ‘‘sec-
tion 9, clauses 2 and 3;’’; and
(B) by striking ‘‘: Provided, however’’ and
all that follows through the end of the para-
graph and inserting the following: ‘‘; except
that all offenses under the laws of the Virgin
Islands which are prosecuted in the courts es-
tablished by local law shall continue to be pros-
ecuted by information, except those that are re-
quired by local law to be prosecuted by indict-
ment by grand jury.’’.
(3) JURISDICTION OF LOCAL COURTS.—Section
21 of the Revised Organic Act of the Virgin Islands
(48 U.S.C. 1611) is amended to read as follows:
‘‘(A) a judge of a court of record of the
Virgin Islands established by local law,
‘‘(B) a circuit or district judge of the
Third Judicial Circuit, or
‘‘(C) a recalled senior judge of the District
Court of the Virgin Islands, or
‘‘(2) the Chief Justice of the United States may
assign any other United States circuit or district
judge, with the consent of that judge and the chief
judge of the circuit from which the judge is as-
signed,
to serve temporarily as a judge of the United States Dis-
trict Court for the District of the Virgin Islands. After
the establishment of the appellate court authorized by sec-
tion 21(a) of this Act, no judge described in paragraph
(1)(A) may be assigned to the district court under this
section.’’.
(c) PLEADINGS AND PROCEEDINGS IN ENGLISH.—
All pleadings and proceedings in the United States Dis-
trict Court for the District of the Virgin Islands shall be
conducted in the English language.
(d) SAVINGS PROVISIONS.—
(1) PENDING CASES.—With respect to any com-
plaint or proceeding pending in the District Court of
the Virgin Islands on the day before the effective
date of this Act, such complaint or proceeding may,
on and after such effective date, be pursued to final
determination in the United States District Court
for the District of the Virgin Islands, the United
States Court of Appeals for the Third Circuit, and
the United States Supreme Court.
(2) EXISTING OFFICERS OF THE COURT.—Any
individual who, on the effective date of this Act, is
serving as the United States Attorney for the Virgin
Islands, or the United States marshal for the Virgin
Islands, may continue in such office until a succes-
sor is appointed pursuant to the provisions of title
28, United States Code.
SEC. 3. TECHNICAL AND CONFORMING AMENDMENTS.
(a) RETIREMENT AND SURVIVORS’ ANNUITIES.—
(1) RETIREMENT.—Section 373 of title 28,
United States Code, is amended in subsections (a)
and (e) by striking ‘‘, the District court of the
Northern Mariana Islands, or the District Court of
the Virgin Islands’’ and inserting ‘‘or the District
Court of the Northern Mariana Islands’’.
(2) SURVIVORS’ ANNUITIES.—Section 376(a) of
title 28, United States Code, is amended in para-
graphs (1)(B) and (2)(B) by inserting ‘‘(as in effect
before the effective date of the Judicial District of
the Virgin Islands Act of 1998)’’ after ‘‘the District
Court of the Virgin Islands’’.
(3) CALCULATION OF SERVICE AS A JUDGE.—
In the case of a judge of a district court retiring
under section 371 of title 28, United States Code,
service by the judge as a judge of the District Court
of the Virgin Islands before the effective date of this
Act shall be included in calculating service under
section 371(c) of such title.
(4) RIGHTS OF EXISTING RETIREES NOT AF-
FECTED.—Nothing in this Act shall be construed to
affect the rights of any judge who has retired as a
judge of the District Court of the Virgin Islands be-
fore the effective date of this Act.
(b) COURTS DEFINED.—Section 610 of title 28,
United States Code, is amended by striking ‘‘the District
Court of the Virgin Islands’’.
(c) MAGISTRATE JUDGES.—Section 631(a) of title
28, United States Code, is amended by striking ‘‘and the
district court of the Virgin Islands’’.
(d) INVESTIGATIONS BY ATTORNEY GENERAL.—Sec-
tion 526(a)(2) of title 28, United States Code, is amended
by striking ‘‘and of the district court of the Virgin Is-
lands’’.
(e) COURTS OF APPEALS.—Section 1291 of title 28,
United States Code, is amended by striking ‘‘, the United
States District Court for the District of the Canal Zone.’’
and all that follows through ‘‘Virgin Islands’’ and insert-
ing ‘‘and the District Court of Guam.’’.
(f) COURT OF APPEALS FOR THE FEDERAL CIR-
CUIT.—Section 1295(a) of title 28, United States Code,
is amended in paragraphs (1) and (2) by striking ‘‘the
United States District Court for the District of the Canal
Zone’’ and all that follows through ‘‘Virgin Islands.’’ and
inserting ‘‘the District Court of Guam.’’.
(g) FEDERAL TORT CLAIMS.—Section 1346(b) of
title 28, United States Code, is amended by striking ‘‘,
together with’’ and all that follows through ‘‘Virgin Is-
lands,’’.
(h) COURT REPORTERS.—Section 753(a) of title 28,
United States Code, is amended in the first paragraph by
striking ‘‘, the United States District Court for the Dis-
trict of the Canal Zone’’ and all that follows through ‘‘Vir-
gin Islands’’ and inserting ‘‘and the District Court of
Guam’’.
(i) REPRESENTATION OF CERTAIN DEFENDANTS.—
Section 3006A(j) of title 18, United States Code, is
amended by striking ‘‘the District Court of the Virgin Is-
lands,’’.
SEC. 4. ADDITIONAL REFERENCES.
Any reference in any provision of law to the ‘‘District
Court of the Virgin Islands’’ shall, after the effective date
of this Act, be deemed to be a reference to the United
States District Court for the District of the Virgin Is-
lands.
SEC. 5. EFFECTIVE DATE.
This Act and the amendments made by this Act shall
take effect at the end of the 90-day period beginning on
the date of the enactment of this Act.
Æ