
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1613a]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                       CHAPTER 12--VIRGIN ISLANDS
 
                      SUBCHAPTER V--JUDICIAL BRANCH
 
Sec. 1613a. Appellate jurisdiction of District Court; procedure; 
        review by United States Court of Appeals for Third Circuit; 
        rules; appeals to appellate court
        

(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 chapter: 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 \1\ shall be heard and determined by a single judge.
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    \1\ See References in Text note below.
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(c) United States Court of Appeals for Third Circuit; jurisdiction; 
        appeals; rules

    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, Sec. 23A, as added Pub. L. 98-454, title VII, 
Sec. 705, Oct. 5, 1984, 98 Stat. 1739.)

                       References in Text

    This chapter, referred to in subsecs. (a) and (b), was in the 
original ``this Act'', meaning act July 22, 1954, ch. 558, 68 Stat. 497, 
as amended, 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.


                             Effective 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.
