ST. THOMAS, VI — The Committee on Rules and Judiciary, chaired by Senator Carla J. Joseph met in the Earle B. Ottley Legislative Hall. Lawmakers received an update from the Judiciary of the Virgin Islands and vetted nominees to various boards. All nominees were voted upon favorably and will be forwarded to the full body at the next scheduled Legislative Session. 

Mrs. Regina deChabert-Petersen, Administrator of Courts for the Judicial Branch of the Virgin Islands delivered testimony. The Judiciary contains an appellate court and a trial court. Appellate jurisdiction rests with the Supreme Court of the Virgin Islands, pursuant to the Revised Organic Act of 1954, and Virgin Islands Code. The Supreme Court has a Chief Justice, as well as up to four Associate Justices. There are currently four justices. This was expanded from three to five in 2016, via Act 7888. In the first 17 years of operation, there were only three justices.  

As of September 30, 2024, the Court has a pending case load of 91 appeals. The Superior Court is headed by a Presiding Judge assisted by an Administrative Judge, selected from the opposite district of the Presiding Judge. The Superior Court consists of 10 judges and four magistrate judges, equally divided between the two judicial districts, the District of St. Thomas-St. John and the District of St. Croix. As of September 30, 2024, the Superior Court had a total pending caseload of 11,666 cases. Judges and justices are appointed by the Governor with the advice and consent of the Legislature. Justices are appointed for 10-year terms. Judges are appointed for 6-year terms. Magistrate judges are appointed by the Presiding Judge, from the recommendations of the Magistrate selection panel, with the approval of a majority of the other judge to serve for a 4-year term. The Superior Court has a broad jurisdiction to preside over all local, civil, criminal, family, probate, landlord-tenant, small claims and traffic dispute. Additionally, it serves as a court of appeals for decisions of all governmental officers and agencies and decisions of the magistrate judges.  

Mrs. deChabert-Petersen stated that one of the biggest achievements of the court was the implementation of a modern enterprise case management system and public portal, which occurred in 2020, which introduced electronic filing to the Superior Court for the first time.  For Fiscal Year 2024, 11,902 matters were filed in the Superior Court, while 10,923 matters were disposed of. This number did not include applications for marriage licenses. Across all case types, filings reached an all-time high in 2023, while dispositions stayed on trend, increasing year after year from Fiscal Year 2022. Criminal trials were given priority post pandemic, which resulted in progress on criminal cases backlogs overall with the highest number of criminal dispositions in Fiscal Year 2024 with 839 dispositions and 443 new criminal cases filed.  

The most significant backlogs have existed in Civil Cases. The Complex Litigation Division was established on October 1, 2018, with a dedicated judge, and by 2021, dedicated staff members. Since September 30, 2024, the Complex Litigation Division has disposed of over 3,000 mass tort and or toxic tort cases. Though there has been a priority on criminal jury trials, complex litigation is fully in operation and has closed an additional 400 cases. In Fiscal Year 2024, there were 1,015 new civil cases filed, and 1,395 cases disposed.  

The Judiciary has also been concerned over fiscal matters. Since the 2016 administrative unification and the 2017 hurricanes, the Judiciary has struggled with a stagnant budget of about $35.2 million per year, which was approximately $7.3 million below the annual funding request. Despite this underfunding, the judiciary continued to fund recovery projects. A funding increase occurred in 2019 with a $2.9 million Cares Act, which helped to modernize courtrooms and introduce remote hearings.  The Judiciary requested $9.7 million to reduce case backlogs, however, only $5 million was awarded, to be obligated by December 2024. Delays in disbursements have affected the Judiciary’s ability to manage operations and fund critical projects. The Judiciary also manages approximately $3.1 million in FEMA recovery grants for the Verne A. Hodge Sr. Superior Court Building and the R.H. Amphlett Leader Justice Complex with ongoing projects facing delays. There has been a 3.3% reduction in funding for Fiscal Year 2025. However, the Judiciary does plan to include a budget request of $4.5 million for the RHA Courthouse in its Fiscal Year 2026 request.   

Mrs. deChabert-Petersen also voiced concern over the amount of prolonged judicial vacancies, which affect the work that can be done in the court. Superior Court judges serve a six-year term, and Virgin Islands Code states that the Governor and the Legislature will either reappoint a currently serving judge or select a new judge before the end of the currently serving judge’s term.  The Virgin Islands Code also provides for a grace period of 180 days, or when the new judge is confirmed, whichever is earlier. The Judicial Branch has long relied on Senior Sitting judges to maintain case flow management and mitigate judicial vacancies. However, Act 8919 restricted the appointment of Senior Sitting Judges.  When asked by Chair Joseph asked if the Court needed more judges, Mrs. deChabert-Petersen erred with caution, stating that all decisions needed to be data driven.  

Additionally, lawmakers approved the following nominees: 

• Dr. Safiya George to serve on the Virgin Islands Government Hospital and Health Facilities Corporation, District Governing Board of St. Thomas-St. John. 

• Mr. Anthony Mardenborough, Jr., to serve on the Board of Career and Technical Education – St. Croix. 

Senators present at today’s Committee meeting included Carla J. Joseph, Kenneth L. Gittens, Marvin A. Blyden, Novelle E. Francis, Alma Francis Heyliger, Ray Fonseca, Hubert L. Frederick, Clifford A. Joseph, Sr., Avery L. Lewis, and Milton E. Potter.  

The Division of Public Affairs is committed to providing the community with accurate information on legislative proceedings and other events at the Legislature of the Virgin Islands. Visit legvi.org.  

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