I 111th CONGRESS 1st Session H. R. 1991 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.

Short title

This Act may be cited as the Judicial District of the Virgin Islands Act of 2009.

2.

Establishment of District Court of the Virgin 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 Island 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 Division 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 Vermont the following: Virgin Islands2 . (b)

Revised Organic Act of the Virgin Islands

(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Sections 25, 26, and 27 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1615, 1616, and 1617) are repealed.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 section 9, clauses 2 and 3;; and (B)by striking : Provided, however and all that follows through the end of the paragraph and inserting the following: ; except that all offenses under the laws of the Virgin Islands which are prosecuted in the courts established by local law shall continue to be prosecuted by information, except those that are required by local law to be prosecuted by indictment 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:

21.

Jurisdiction of courts of the Virgin Islands

(a)

Jurisdiction of the courts of the Virgin Islands

The judicial power of the Virgin Islands shall be vested in such appellate court and lower local courts as may have been or may hereafter be established by local law. The courts of the Virgin Islands established by local law shall have jurisdiction over all causes of action in the Virgin Islands over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. (b)

Practice and procedure

The rules governing the practice and procedure of the courts established by local law and those prescribing the qualifications and duties of the judges and officers thereof, oaths and bonds, and the times and places of holding court shall be governed by local law or the rules promulgated by those courts.

. (4)

Jurisdiction over criminal matters and income tax

Section 22 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1612) is amended to read as follows:

22.

Jurisdiction over income tax

The United States District Court for the District of the Virgin Islands shall have exclusive jurisdiction over all criminal and civil proceedings in the Virgin Islands with respect to the income tax laws applicable to the Virgin Islands, regardless of the degree of the offense or of the amount involved, except the ancillary laws relating to the income tax enacted by the legislature of the Virgin Islands. Any act or failure to act with respect to the income tax laws applicable to the Virgin Islands which would constitute a criminal offense described in chapter 75 of the Internal Revenue Code of 1986 shall constitute an offense against the government of the Virgin Islands and may be prosecuted in the name of the government of the Virgin Islands by appropriate officers thereof in the United States District Court for the District of the Virgin Islands without the request or consent of the United States attorney for the Virgin Islands.

. (5)

Relations between United States courts and local courts

Section 23 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613) is amended to read as follows:

23.

Relations between courts of the United States and local courts

(a)

In general

The relations between the courts established by the Constitution or laws of the United States (including the United States District Court for the District of the Virgin Islands) and the courts established by local law with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings, except that for the first 15 years following the establishment of the appellate court authorized by section 21(a) of this Act, the United States Court of Appeals for the Third Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands from which a decision could be had. (b)

Reports to congress

The Judicial Council of the Third Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Resources of the House of Representatives at intervals of 5 years following the establishment of the appellate court authorized by section 21(a) of this Act as to whether that court has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all final decisions of the highest court of the Virgin Islands. (c)

Rules

The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this section.

. (6)

Appellate jurisdiction of district court

Section 23A of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613a) is amended by striking District Court of the Virgin Islands each place it appears and inserting United States District Court for the District of the Virgin Islands. (7)

Assignment of additional judges to the court

Section 24 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1614) is amended to read as follows:

24.

Assignment of additional judges to the court

Whenever it appears to be necessary for the proper dispatch of the business of the United States District Court for the District of the Virgin Islands— (1)the chief judge of the Third Judicial Circuit of the United States may assign— (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 assigned, to serve temporarily as a judge of the United States District Court for the District of the Virgin Islands. After the establishment of the appellate court authorized by section 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 District 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 complaint 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 that 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, the United States Court of Appeals for the Federal Circuit, and the United States Supreme Court. (2)

Tenure of incumbent judges

A judge of the District Court of the Virgin Islands in office on the day before the effective date of this section shall continue in office on and after that effective date until the expiration of the term for which the judge was appointed, or until the judge dies, resigns, or is removed from office, whichever occurs first. When a vacancy occurs on the court on or after the effective date of this section, the President, in accordance with section 133(a) of title 28, United States Code, shall appoint, by and with the advice and consent of the Senate, a district judge for the District of the Virgin Islands. (3)

Existing officers of the court

Any individual who, on the day before 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 on and after that effective date until a successor is appointed pursuant to the provisions of title 28, United States Code.

3.

Technical and conforming amendments

(a)

Judicial comparisons

Section 333 of title 28, United States Code, is amended— (1)by striking , the District Court of the Virgin Islands,; and (2)by striking to the conferences of their respective circuits and inserting to the conference of the ninth circuit. (b)

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 paragraphs (1)(B) and (2)(B) by inserting (as in effect before the effective date of the Judicial District of the Virgin Islands Act of 2009) after the District Court of the Virgin Islands. (3)

Retirement rights and benefits

The amendments made by this section shall not affect the rights under sections 373 and 376 of title 28, United States Code, of any judge of the District Court of the Virgin Islands who retires before the effective date of this section or who continues in office on or after that date under subsection (c)(2) of this section. Service as a judge of the District Court of the Virgin Islands appointed under section 24 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1614) shall be included in calculating service under sections 371 and 372 of title 28, United States Code, and shall not be counted for purposes of section 373 of that title, if the judge is reappointed, after the effective date of this section, under section 133(a) of title 28, United States Code, as district judge for the District of the Virgin Islands. (c)

Investigations by attorney general

Section 526(a)(2) of title 28, United States Code, is amended by striking and of the district court of the Virgin Islands. (d)

Courts defined

Section 610 of title 28, United States Code, is amended by striking the United States District Court for the District of the Canal Zone, and by striking the District Court of the Virgin Islands,. (e)

Magistrate judges

Section 631(a) of title 28, United States Code, is amended— (1)in the first sentence, by striking Virgin Islands, Guam, and and inserting Guam and; and (2)in the second sentence, by striking Virgin Islands, Guam, or and inserting Guam or. (f)

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 District of the Canal Zone and all that follows through Virgin Islands and inserting and the District Court of Guam. (g)

Courts of appeals

(1)

Final decisions of district courts

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 inserting and the District Court of Guam. (2)

Interlocutory decisions

Section 1292 of title 28, United States Code, is amended— (A)in subsection (a)(1), by striking , the United States District Court for the District of the Canal Zone and all that follows through Virgin Islands, and inserting and the District Court of Guam,; and (B)in subsection (d)(4)(A), by striking the District Court of the Virgin Islands,. (3)

Circuits in which decisions reviewable

Section 1294 of title 28, United States Code, is amended— (A)in paragraph (1), by striking United States to and inserting United States, to; (B)by striking paragraphs (2) and (3); and (C)by redesignating paragraph (4) as paragraph (2). (h)

Court of appeals for the Federal circuit

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,. (i)

Federal tort claims

Section 1346(b)(1) of title 28, United States Code, is amended by striking , together with and all that follows through Virgin Islands,. (j)

Representation of certain defendants

Section 3006A(j) of title 18, United States Code, is amended by striking the District Court of the Virgin Islands,. (k)

Venue

Sections 1404(d) and 1406(c) of title 28, United States Code, are each amended by striking , the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands, and inserting and the District Court for the Northern Mariana Islands,. (l)

Bankruptcy Judges

The table contained in section 152(a)(2) of title 28, United States Code, is amended by inserting after the item relating to Vermont the following new item: Virgin Islands2 . (m)

Other title 18 amendments

(1)Section 23 of title 18, United States Code, is amended— (A)by striking Guam, the and inserting Guam and; and (B)by striking , and the District Court of the Virgin Islands. (2)Section 6001(4) of title 18, United States Code, is amended by striking the District Court of the Virgin Islands,.

4.

Additional references

Any reference in any provision of law to the District Court of the Virgin Islands shall, on and 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 Islands.

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.