
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 48USC1614]

 
              TITLE 48--TERRITORIES AND INSULAR POSSESSIONS
 
                       CHAPTER 12--VIRGIN ISLANDS
 
                      SUBCHAPTER V--JUDICIAL BRANCH
 
Sec. 1614. Judges of District Court


(a) Appointment; tenure; removal; chief judge; compensation

    The President shall, by and with the advice and consent of the 
Senate, appoint two judges for the District Court of the Virgin Islands, 
who shall hold office for terms of ten years and until their successors 
are chosen and qualified, unless sooner removed by the President for 
cause. The judge of the district court who is senior in continuous 
service and who otherwise qualifies under section 136(a) of title 28 
shall be the chief judge of the court. The salary of a judge of the 
district court shall be at the rate prescribed for judges of the United 
States district courts. Whenever it is made to appear that such an 
assignment is necessary for the proper dispatch of the business of the 
district court, the chief judge of the Third Judicial Circuit of the 
United States may assign a judge of a court of record of the Virgin 
Islands established by local law, or a circuit or district judge of the 
Third Judicial Circuit, or a recalled senior judge of the District Court 
of the Virgin Islands, or the Chief Justice of the United States may 
assign any other United States circuit or district judge with the 
consent of the judge so assigned and of the chief judge of his circuit, 
to serve temporarily as a judge of the District Court of the Virgin 
Islands. The compensation of the judges of the district court and the 
administrative expenses of the court shall be paid from appropriations 
made for the judiciary of the United States.

(b) Criminal offenses; procedure; definitions; indictment and 
        information

    Where appropriate, the provisions of part II of title 18 and of 
title 28 and, notwithstanding the provisions of rule 7(a) and of rule 
54(a) of the Federal Rules of Criminal Procedure relating to the 
requirement of indictment and to the prosecution of criminal offenses in 
the Virgin Islands by information, respectively, the rules of practice 
heretofore or hereafter promulgated and made effective by the Congress 
or the Supreme Court of the United States pursuant to titles 11, 18, and 
28 shall apply to the district court and appeals therefrom: Provided, 
That the terms ``Attorney for the government'' and ``United States 
attorney'' as used in the Federal Rules of Criminal Procedure, shall, 
when applicable to causes arising under the income tax laws applicable 
to the Virgin Islands, mean the Attorney General of the Virgin Islands 
or such other person or persons as may be authorized by the laws of the 
Virgin Islands to act therein: Provided further, That in the district 
court all criminal prosecutions under the laws of the United States, 
under local law under section 1612(c) of this title, and under the 
income tax laws applicable to the Virgin Islands may be had by 
indictment by grand jury or by information: Provided further, That an 
offense which has been investigated by or presented to a grand jury may 
be prosecuted by information only by leave of court or with the consent 
of the defendant. All criminal prosecutions arising under local law 
which are tried in the district court pursuant to section 1612(b) of 
this title shall continue to be had by information, except such as may 
be required by the local law to be prosecuted by indictment by grand 
jury.

(c) United States marshal

    The Attorney General shall appoint a United States marshal for the 
Virgin Islands, to whose office the provisions of chapter 37 of title 28 
shall apply.

(July 22, 1954, ch. 558, Sec. 24, 68 Stat. 506; Pub. L. 85-851, Sec. 7, 
Aug. 28, 1958, 72 Stat. 1095; Pub. L. 91-272, Sec. 3(b), June 2, 1970, 
84 Stat. 296; Pub. L. 98-454, title VII, Sec. 706(a), (b), Oct. 5, 1984, 
98 Stat. 1740.)

                       References in Text

    The Federal Rules of Criminal Procedure, referred to in subsec. (b), 
are set out in the Appendix to Title 18, Crimes and Criminal Procedure.

                          Codification

    In subsec. (c), ``chapter 37 of title 28'' substituted for ``chapter 
33 of title 28'' on authority of Pub. L. 89-554, Sec. 7(b), Sept. 6, 
1966, 80 Stat. 631, section 4(c) of which revised part II of Title 28, 
Judiciary and Judicial Procedure.


                               Amendments

    1984--Subsec. (a). Pub. L. 98-454, Sec. 706(a), substituted 
provisions extending the term of a judge of the district court from 
eight to ten years, further substituted ``of a court of the Virgin 
Islands established by local law,'' for ``a judge of the municipal court 
of the Virgin Islands,'' in third sentence, and inserted provisions 
regarding the designation of the chief judge.
    Subsec. (b). Pub. L. 98-454, Sec. 706(b), substituted provisions 
relating to criminal procedure in the district courts for former 
provisions which related to the chief judge of the district court and 
which are now set out in subsec. (a).
    1970--Subsec. (a). Pub. L. 91-272 designated existing provisions as 
subsec. (a), increased from one to two the number of district judges, 
added judges of the municipal court of the Virgin Islands to the list of 
judges from which may be drawn temporary judges for the district court, 
and transferred to subsec. (c) provisions covering the appointment of a 
United States marshal for the Virgin Islands.
    Subsec. (b). Pub. L. 91-272 added subsec. (b).
    Subsec. (c). Pub. L. 91-272 added subsec. (c), the substance of 
which was formerly contained in subsec. (a).
    1958--Pub. L. 85-851 substituted ``the Attorney General shall 
appoint a United States marshal'' for ``the Attorney General shall, as 
heretofore, appoint a marshal and one deputy marshal''.


                    Effective 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.


      Chief Judge; District Court; Determination and Qualifications

    Section 706(c) of Pub. L. 98-454 provided that: ``The provisions of 
subsection (a) of this section [amending this section] regarding the 
determination and qualifications of the chief judge of the District 
Court of the Virgin Islands shall not apply to a person serving as chief 
judge of said court on the effective date of this Act [see Effective 
Date of 1984 Amendment note set out under section 1424 of this title].''


                  Extension of Term of District Judges

    Extension of term of district court judges to ten years applicable 
to judges holding office on Oct. 5, 1984, see section 1004 of Pub. L. 
98-454, set out as a note under section 1424b of this title.


                            Present Incumbent

    Enactment of this chapter as not affecting term of office of judge 
of the District Court of the Virgin Islands in office on the date of its 
enactment, see Effective Date note set out under section 1541 of this 
title.


                  Resignation and Retirement of Judges

    Resignation and retirement of judges in the Territories and 
possessions, see section 373 of Title 28, Judiciary and Judicial 
Procedure.

                  Section Referred to in Other Sections

    This section is referred to in section 1613a of this title.
