48 U.S.C. § 1613a

Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Third Circuit; rules; appeals to appellate court

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(a) Appellate jurisdiction of District Court

Prior to the establishment of the appellate court authorized by section 1611(a) of this title, the District Court of the Virgin Islands shall have such appellate jurisdiction over the courts of the Virgin Islands established by local law to the extent now or hereafter prescribed by local law: Provided, That the legislature may not preclude the review of any judgment or order which involves the Constitution, treaties, or laws of the United States, including this chapter, or any authority exercised thereunder by an officer or agency of the Government of the United States, or the conformity of any law enacted by the legislature of the Virgin Islands or of any order or regulation issued or action taken by the executive branch of the government of the Virgin Islands with the Constitution, treaties, or laws of the United States, including this chapter, or any authority exercised thereunder by an officer or agency of the United States.

(b) Appellate division of District Court; quorum; presiding judge; designation of judges; decisions

Appeals to the District Court of the Virgin Islands shall be heard and determined by an appellate division of the court consisting of three judges, of whom two shall constitute a quorum. The chief judge of the district court shall be the presiding judge of the appellate division and shall preside therein unless disqualified or otherwise unable to act. The other judges who are to sit in the appellate division at any session shall be designated by the presiding judge from among the judges who are serving on, or are assigned to, the district court from time to time pursuant to section 1614(a) of this title: Provided, That no more than one of them may be a judge of a court established by local law. The concurrence of two judges shall be necessary to any decision by the appellate division of the district court on the merits of an appeal, but the presiding judge alone may make any appropriate orders with respect to an appeal prior to the hearing and determination thereof on the merits and may dismiss an appeal for want of jurisdiction or failure to take or prosecute it in accordance with the applicable law or rules of procedure. Appeals pending in the district court on the effective date of this Act 11 See References in Text note below. shall be heard and determined by a single judge.

The United States Court of Appeals for the Third Circuit shall have jurisdiction of appeals from all final decisions of the district court on appeal from the courts established by local law. The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this subsection.

(d) Appeals to appellate court; effect on District Court

Upon the establishment of the appellate court provided for in section 1611(a) of this title all appeals from the decisions of the courts of the Virgin Islands established by local law not previously taken must be taken to that appellate court. The establishment of the appellate court shall not result in the loss of jurisdiction of the district court over any appeal then pending in it. The rulings of the district court on such appeals may be reviewed in the United States Court of Appeals for the Third Circuit and in the Supreme Court notwithstanding the establishment of the appellate court.

(July 22, 1954, ch. 558, § 23A, as added Pub. L. 98–454, title VII, § 705, Oct. 5, 1984, 98 Stat. 1739.)Editorial NotesReferences in Text

This chapter, referred to in subsec. (a), was in the original “this Act”, meaning act July 22, 1954, ch. 558, 68 Stat. 497, known as the Revised Organic Act of the Virgin Islands, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1541 of this title and Tables.

The effective date of this Act, referred to in subsec. (b), probably means the effective date of title VII of Pub. L. 98–454, which is 90 days after Oct. 5, 1984, and which enacted this section.

Statutory Notes and Related SubsidiariesEffective Date

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

Notes of Decisions

Cited in 355 cases (14 in the last 5 years), 1987–2026 · 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 16× “They base their argument on section 1613a(a) of the ROA, which provides that, prior to the authorized establishment of a local appellate court, "the District Court of the Virgin Islands shall have such appellate jurisdiction over the courts of the Virgin Islands established by…”

Gov't of the Virgin Islands v. Hodge, 359 F.3d 312 (3rd Cir. 2004). · cites it 23× “In fact, the dissent states explicitly that “[t]his type of review is wisely not found elsewhere in the federal system, and should not exist here.”

Gov't of the Virgin Islands v. Jamel Rivera, 333 F.3d 143 (3rd Cir. 2003). · cites it 8× “See 48 U.S.C. § 1613a; 4 VJ.Code Ann. § 33. 6 The United States Court of Appeals for the Third Circuit has “jurisdiction of appeals from all final decisions” of the District Court when the District Court acts as a trial court and also in its capacity as the Appellate Division.”

Hughley v. Gov't of the Virgin Islands, 536 F. App'x 278 (3rd Cir. 2013). · cites it 17× “1732 (codified at 48 U.S.C. § 1613a). 5 § 1303 vests jurisdiction in the District Court over a habeas corpus action brought under that section, it .”

Simon v. Gov't of the Virgin Islands, 679 F.3d 109 (3rd Cir. 2012). · cites it 3× “It therefore had appellate jurisdiction over decisions rendered by the Territorial Court pursuant to 48 U.S.C. §§ 1613a(a) and 1613a(d). Accordingly, we have jurisdiction pursuant to 28 U.”

Lawrence Hodge v. Bluebeard's Castle Inc, 392 F. App'x 965 (3rd Cir. 2010). · cites it 9× “Ultimately, we conclude that we do not have jurisdiction over this appeal under either 48 U.S.C. § 1613a or the collateral order doctrine.”

In the Matter of Sylvie Alison. Appeal of John & Margo Yntema, 837 F.2d 619 (3rd Cir. 1988). · cites it 6× “§ 1611 (a), the Appellate Division *622 created by Congress in 48 U.S.C. § 1613a came into effect, and Thompson’s appeal was addressed to it.”

Timothy Defoe v. Lenroy Phillip, 702 F.3d 735 (3rd Cir. 2012). · cites it 5× “2 See 48 U.S.C. § 1613a(a) (indicating that the District Court’s appellate jurisdiction ends once the Virgin Islands legislature creates its own appellate court).”

Hodge v. Bluebeard's Castle, Inc., 62 V.I. 671 (2015). · cites it 4× “BCI attempted to appeal the Appellate Division’s ruling to the United States Court of Appeals for the Third Circuit, seeking an outright reversal of the Superior Court without remand, but the Third Circuit dismissed the appeal because the Appellate Division’s remand order was…”

Edwards v. Hovensa, LLC, 497 F.3d 355 (3rd Cir. 2007). · cites it 2× “That provision, 48 U.S.C. § 1613a, states: (d) Appeals to appellate court; effect on District Court Upon the establishment of the appellate court provided for in section 1611 (a) of this title all appeals from the decisions of the courts of the Virgin Islands established by…”

Gov't of the Virgin Islands v. Mills, 821 F.3d 448 (3rd Cir. 2016). · cites it 2× “Jurisdiction The District Court had jurisdiction under 48 U.S.C. § 1613a(a). We have jurisdiction under 48 U.”

Roy Sylvester Parrott v. Gov't of the Virgin Islands, 230 F.3d 615 (3rd Cir. 2000). · cites it 3× “§ 33, and the Revised Organic Act, 48 U.S.C. § 1613a(a). We have jurisdiction.”

Show all 355 citing cases →

— 48 U.S.C. § 1613a(a) — 80 cases

Kendall v. Russell, 572 F.3d 126 (3rd Cir. 2009). “They base their argument on section 1613a(a) of the ROA, which provides that, prior to the authorized establishment of a local appellate court, "the District Court of the Virgin Islands shall have such appellate jurisdiction over the courts of the Virgin Islands established by…”

Gov't of the Virgin Islands v. Hodge, 359 F.3d 312 (3rd Cir. 2004). “In fact, the dissent states explicitly that “[t]his type of review is wisely not found elsewhere in the federal system, and should not exist here.”

Hughley v. Gov't of the Virgin Islands, 536 F. App'x 278 (3rd Cir. 2013). “1732 (codified at 48 U.S.C. § 1613a). 5 § 1303 vests jurisdiction in the District Court over a habeas corpus action brought under that section, it .”

Timothy Defoe v. Lenroy Phillip, 702 F.3d 735 (3rd Cir. 2012). “2 See 48 U.S.C. § 1613a(a) (indicating that the District Court’s appellate jurisdiction ends once the Virgin Islands legislature creates its own appellate court).”

Roy Sylvester Parrott v. Gov't of the Virgin Islands, 230 F.3d 615 (3rd Cir. 2000). “§ 33, and the Revised Organic Act, 48 U.S.C. § 1613a(a). We have jurisdiction.”

— 48 U.S.C. § 1613a(b) — 17 cases

Orlando Tavarez v. Allan Klingensmith, 372 F.3d 188 (3rd Cir. 2004).

Gov't of the Virgin Islands v. Jamel Rivera, 333 F.3d 143 (3rd Cir. 2003). “See 48 U.S.C. § 1613a; 4 VJ.Code Ann. § 33. 6 The United States Court of Appeals for the Third Circuit has “jurisdiction of appeals from all final decisions” of the District Court when the District Court acts as a trial court and also in its capacity as the Appellate Division.”

Brown v. Hansen, 973 F.2d 1118 (3rd Cir. 1992).

Gov't of the Virgin Islands v. United Indus. Workers, 987 F. Supp. 439 (D.V.I. 1997).

— 48 U.S.C. § 1613a(c) — 92 cases

Gov't of the Virgin Islands in the Interest of: A.m., a Minor, 34 F.3d 153 (3rd Cir. 1994).

In the Matter of Sylvie Alison. Appeal of John & Margo Yntema, 837 F.2d 619 (3rd Cir. 1988). “§ 1611 (a), the Appellate Division *622 created by Congress in 48 U.S.C. § 1613a came into effect, and Thompson’s appeal was addressed to it.”

Edwin Ortiz Santiago Camacho (Intervenor in d.c.) v. Sylvia Dodge, 126 F.3d 545 (3rd Cir. 1997).

— 48 U.S.C. § 1613a(d) — 67 cases

Hodge v. Bluebeard's Castle, Inc., 62 V.I. 671 (2015). “BCI attempted to appeal the Appellate Division’s ruling to the United States Court of Appeals for the Third Circuit, seeking an outright reversal of the Superior Court without remand, but the Third Circuit dismissed the appeal because the Appellate Division’s remand order was…”

Lawrence Hodge v. Bluebeard's Castle Inc, 392 F. App'x 965 (3rd Cir. 2010). “Ultimately, we conclude that we do not have jurisdiction over this appeal under either 48 U.S.C. § 1613a or the collateral order doctrine.”

Hypolite v. People, 51 V.I. 97 (2009).

Antilles Sch., Inc. v. Lembach, 64 V.I. 400 (2016).

— 48 U.S.C. § 1613a(e) — 5 cases

Gov't of the Virgin Islands v. Jose Alberto Rosa, 399 F.3d 283 (3rd Cir. 2005).

Gov't of the Virgin Islands v. Olinsky, 119 F. App'x 405 (3rd Cir. 2005).

East End Taxi Servs., Inc. v. Virgin Islands Taxi Ass'n, 411 F. App'x 495 (3rd Cir. 2011).

AT&T of Virgin Islands v. Gov't of Virgin Islands, 102 F. App'x 259 (3rd Cir. 2004).

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