ST. CROIX, VI — The Committee on Rules and Judiciary, chaired by Senator Carla J. Joseph met in the Frits E. Lawaetz Legislative Conference Room. Lawmakers approved nominees to various boards and vetted various measures. Approved items on today’s agenda will be forwarded to the full body at the next scheduled Legislative Session. 

Lawmakers approved the following nominations: 

• Roy Moorhead to serve on the Board of Parole. 

• L. Damian M. Cartwright to serve on the Virgin Islands Board of Land Use Appeals. 

• Xavier A. Acevedo to serve on the Virgin Islands Water and Power Authority Governing Board. 

• Safiya George, PhD. to serve on the Virgin Islands Government Hospitals and Health Facilities Corporation Board of Directors. 

Lawmakers also considered Bill No. 36-0101, An act to provide for continuity of operations in the Superior Court of the Virgin Islands in the event of prolonged judicial vacancies. The measure was proposed by Senator Novelle E. Francis, Jr. 

Regina deChabert Petersen, Administrator of Courts delivered testimony in support of the proposed measure. Petersen said that the measure would reinstate the longstanding judicial function of appointing senior sitting judges to temporarily manage dockets when there are vacancies, alleviate case backlogs and handle cases when actives judges are recused. The bill proposes several amendments to Virgin Islands Code to ensure judicial continuity and flexibility. They include removing the 180-day post term service limit, allowing the chief justice to appoint former judges to hear cases, the temporary recall of former judicial officers as acting magistrates, and the appointment of four part time magistrates from the Virgin Islands Bar to handle limited case types. Adding further information, Associate Justice Harold W.L. Willocks said that judicial vacancies remain the single greatest factor contributing to case backlogs. There are more than 12,700 cases currently pending, and three judges are expected to retire without replacements nominated. Without action, the 1,300 active cases would have to be reassigned, putting further strain on the system.  

Testimony was delivered by Gordon C. Rhea, Esq., Attorney General of the United States Virgin Islands. Rhea said that the Department of Justice did not take a position on the measure but recognized the importance of providing for the operations of the Superior Court, especially when it comes to judicial vacancies. Rhea said that establishing a plan for the continued operation of the Courts helps the territory by reducing operational downtime, ensuring compliance with local and federal laws and regulations, as well as enhancing public confidence in the Superior Court.  

J. Russell B. Pate, Esq., President of the Virgin Islands Bar Association said that the proposed measure is a step in the right direction, which intends to improve judicial efficiency and fairness. The measure would ensure that judges could remain on the bench until successors are confirmed, which mirror federal practices. It would also grant the court flexibility to appoint judges in special circumstances. Additionally, Pate spoke of the measure’s intent to introduce four part time measures that would handle minor civil and criminal cases, which would reduce the case backlog. The measure also recommended that the judge retention process be shifted from the Governor to the Senate to reduce conflicts of interests. The measure was voted upon favorably.  

Senators then considered Bill No. 36-0112, An act amending title 4 Virgin Islands Code, chapter 31, section 516 increasing the filing fee for general civil complaints in the Superior Court of the Virgin Islands and title 5 Virgin Islands Code, chapter 41, section 426 allowing for the collection of nine percent prejudgment interest when an offer of judgment is filed with the court. The measure was proposed by Senator Carla J. Joseph. 

Regina deChabert Petersen, Administrator of Courts acknowledged the rationale behind increasing the Superior Court filing fees, citing inflation and comparisons to other jurisdictions, but emphasized that fee-setting should remain under judicial administration as is outlined under the Virgin Islands Code. The Superior Court’s filing fee would increase from $75 to $150.  The Judiciary is currently reviewing existing court fees and noted that the proposed fee is only one of thirteen categories affected. Petersen supported redirecting the fees to a Judicial Branch Improvement Fund rather than the General Fund, advocating for flexibility in managing capital improvement resources across all court facilities. Section 2 of the proposed measure, which would raise post-judgement interest from 4% to 9% and introduces a statutory offer of judgement procedure. Petersen stated that the Judicial Branch considers the interest rate a matter of legislative public policy and offered no position on the matter. Petersen stated that the offer of judgement provision already exists in Civil Procedure Rule 68. While Petersen did not oppose the interest provision itself, she stressed that any changes to Rule 68 should be handled by the Judiciary, specifically through the Advisory Committee. 

J. Russell B. Pate, Esq., President of the Virgin Islands Bar Association voiced staunch support for the measure. Pate stated that measure aligned with national standards and excludes small claims in Magistrate Court. Pate stated that statutory filing fees, unlike discretionary fines, can be kept by the courts to fund capital improvements, which are urgently needed due to the deterioration of court facilities. Pate praised the measure’s provision that would require all parties seeking affirmative relief, including counterclaims and third-party complaints to pay the same filing fee. Pate addressed the bill’s provision for prejudgement interest, arguing that the current lack of interest for non-liquidated damages incentivizes delay and undermines justice. Pate said that the bill promotes prompt resolution and fairness. The measure was voted upon favorably.  

Lawmakers removed the following bills from the agenda. They will be considered at the next scheduled meeting of the Committee on Rules and Judiciary: 

• Bill No. 36-0144 – An act amending title 14 Virgin Islands Code, Chapter 113 to define and prohibit assault rifles, ban suppressors and silencers, and requiring safety training for licensed rifles and shotgun holders; prohibiting large capacity magazines and preventing the illegal sales of firearms, firearm accessories and ammunition. Sponsored by: Senator Clifford A. Joseph, Sr. 

• Bill No: 36-0105 – An act amending title 7 Virgin Islands Code, chapter 13, subchapter III by prohibiting the possession, sale, or manufacture of tetrahydrocannabinol acid, delta-6 THC, delta-8 THC, and delta-10 THC products in the Virgin Islands and for other related purposes. The measure was sponsored by Senator Clifford A. Joseph, Sr. 

• Bill No. 36-0123 – An act amending title 20 Virgin Islands Code, part II, chapter 43, subchapter I, section 493 making it unlawful for a person who has 0.04 percent or more, by weight, of alcohol in his blood to operate a commercial motor vehicle, and making it unlawful for a person under the age of 21 years who has any detectable amount of alcohol in his blood, to operate a motor vehicle. The measure was sponsored by Senator Ray Fonseca 

• Bill No. 36-0136- An act amending title 23 Virgin Islands Code, chapter 17, subchapter II by adding new sections 1331 through 1336 mandating lethal weapon training for security guards and investigators. The measure was sponsored by Senator Avery L. Lewis. 

Senators present at today’s Committee meeting included Carla J. Joseph, Kenneth L. Gittens, Alma Francis Heyliger, Novelle E. Francis, Jr., 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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