48 U.S.C. § 1611

District Court of Virgin Islands; local courts; jurisdiction; practice and procedure

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(a) District Court of Virgin Islands; local courts

The judicial power of the Virgin Islands shall be vested in a court of record designated the “District Court of the Virgin Islands” established by Congress, and in such appellate court and lower local courts as may have been or may hereafter be established by local law.

(b) Jurisdiction

The legislature of the Virgin Islands may vest in the courts of the Virgin Islands established by local law jurisdiction over all causes in the Virgin Islands over which any court established by the Constitution and laws of the United States does not have exclusive jurisdiction. Such jurisdiction shall be subject to the concurrent jurisdiction conferred on the District Court of the Virgin Islands by section 1612(a) and (c) of this title.

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.

(July 22, 1954, ch. 558, § 21, 68 Stat. 506; Pub. L. 98–454, title VII, § 702, Oct. 5, 1984, 98 Stat. 1737.)Editorial NotesAmendments

1984—Pub. L. 98–454 designated existing provisions as subsec. (a), inserted “established by Congress” before “and in such” and substituted “appellate court and lower local courts as may have been or may hereafter be established by local law” for “court or courts of inferior jurisdiction as have been or may hereafter be established by local law”, and added subsecs. (b) and (c).

Statutory Notes and Related SubsidiariesEffective Date of 1984 Amendment

Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title.

Notes of Decisions

Cited in 106 cases (2 in the last 5 years), 1963–2024 · leading case: Kendall v. Russell, 572 F.3d 126 (3rd Cir. 2009).

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Kendall v. Russell, 572 F.3d 126 (3rd Cir. 2009). · cites it 6× “48 U.S.C. § 1611 (a), (b). In the same section, Congress addressed the power to promulgate rules governing those courts: 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…”

Vanterpool v. Gov't of the Virgin Islands, 63 V.I. 563 (2015). · cites it 3× “2015) (quoting 48 U.S.C. § 1611 (c)) (emphasis in original); see also Estick v.”

Pate v. Gov't of the Virgin Islands, 62 V.I. 271 (2015). · cites it 8× “The Legislature’s Divestment of the DLCA’S Jurisdiction Over the Virgin Islands Bar is in Line with 48 U.S.C. § 1611 . Defendant points to 48 U.”

In Re Leroy Richards, Appellant, 213 F.3d 773 (3rd Cir. 2000). · cites it 3× “This argument demands contemplation of the lines separating substance from procedure and the legislative from the judicial.”

Gerace v. Bentley, 65 V.I. 289 (2016). · cites it 3× “In this case, the Superior Court recognized that “[t]itle 5, section 547 of the Virgin Islands Code is procedural, not substantive,” in that it “does not affect the rights of the parties” but rather “involves a procedure to be followed by a non-resident plaintiff, if that…”

People v. Titre, 63 V.I. 800 (2015). · cites it 5× “Virgin islands Law Requires A Panel of Attorney Volunteers Section 21(c) of the Revised Organic Act provides that “[t]he rules governing the practice and procedure of the courts established by local law .”

Roy Sylvester Parrott v. Gov't of the Virgin Islands, 230 F.3d 615 (3rd Cir. 2000). · cites it 2× “” 48 U.S.C. § 1611 (b). To the extent that that divestiture power is exercised by the legislature, the District Court loses jurisdiction to the Territorial Court over local matters.”

Joseph v. People, 2008 U.S. Dist. LEXIS 107654 (D.V.I. 2008). · cites it 3× “48 U.S.C. § 1611 ; Rev. Org. Act of 1954 § 21.”

In the Matter of Sylvie Alison. Appeal of John & Margo Yntema, 837 F.2d 619 (3rd Cir. 1988). · cites it 3× “98-454, Congress amended judiciary provisions of the Organic Act of the Virgin Islands, 48 U.S.C. § 1611 et seq., in two significant respects, only one of which is directly involved in this case.”

Donastorg v. Gov't of the Virgin Islands, 45 V.I. 259 (2003). · cites it 3× “Instead, this Court’s jurisdiction stems from the Revised Organic Act of 1954 (as amended) 48 U.S.C. § 1611 (b) (2002) 9 and, ultimately, from U.”

Hodge v. Bluebeard's Castle, Inc., 62 V.I. 671 (2015). · cites it 2× “48 U.S.C. §§ 1611 (a), 1613a(b). The Legislature implemented the 1984 amendments incrementally.”

Edwards v. Hovensa, LLC, 497 F.3d 355 (3rd Cir. 2007). “*1138 Thereafter, Congress amended the Revised Organic Act in 1984, 48 U.S.C. § 1611 et seq., and “established the framework for a dual system of local and federal judicial review in the Virgin Islands.”

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— 48 U.S.C. § 1611(a) — 1 case

Joseph v. People, 2008 U.S. Dist. LEXIS 107654 (D.V.I. 2008). “48 U.S.C. § 1611 ; Rev. Org. Act of 1954 § 21.”

— 48 U.S.C. § 1611(b) — 2 cases

Parson v. Gov't of the Virgin Islands, 167 F. Supp. 2d 857 (D.V.I. 2001).

Mitchell v. Mullgrav, 67 V.I. 953 (2017).

— 48 U.S.C. § 1611(c) — 2 cases

Estick v. People, 62 V.I. 604 (2015).

Companion Assurance Co. v. Smith, 66 V.I. 562 (2017).

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