48 U.S.C. § 1615 — Judicial divisions

Page 160 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1615 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; in- dictment 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 pros- ecution of criminal offenses in the Virgin Is- lands by information, respectively, the rules of practice heretofore or hereafter promulgated and made effective by the Congress or the Su- preme Court of the United States pursuant to ti- tles 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 appli- cable 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 pursu- ant 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 in- dictment 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, § 24, 68 Stat. 506; Pub. L. 85–851, § 7, Aug. 28, 1958, 72 Stat. 1095; Pub. L. 91–272, § 3(b), June 2, 1970, 84 Stat. 296; Pub. L. 98–454, title VII, § 706(a), (b), Oct. 5, 1984, 98 Stat. 1740.) Editorial Notes 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, § 7(b), Sept. 6, 1966, 80 Stat. 631, section 4(c) of which re- vised part II of Title 28, Judiciary and Judicial Proce- dure. AMENDMENTS 1984—Subsec. (a). Pub. L. 98–454, § 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 Is- lands,’’ in third sentence, and inserted provisions re- garding the designation of the chief judge. Subsec. (b). Pub. L. 98–454, § 706(b), substituted provi- sions 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 munic- ipal court of the Virgin Islands to the list of judges from which may be drawn temporary judges for the dis- trict 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 sub- stance of which was formerly contained in subsec. (a). 1958—Pub. L. 85–851 substituted ‘‘the Attorney Gen- eral shall appoint a United States marshal’’ for ‘‘the Attorney General shall, as heretofore, appoint a mar- shal and one deputy marshal’’. Statutory Notes and Related Subsidiaries 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 Pub. L. 98–454, title VII, § 706(c), Oct. 5, 1984, 98 Stat. 1741, provided that: ‘‘The provisions of subsection (a) of this section [amending this section] regarding the de- termination 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 ef- fective 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 of- fice 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 Terri- tories and possessions, see section 373 of Title 28, Judi- ciary and Judicial Procedure. § 1615. Judicial divisions The Virgin Islands consists of two judicial di- visions; the Division of Saint Croix, comprising the island of Saint Croix and adjacent islands and cays, and the Division of Saint Thomas and Saint John, comprising the islands of Saint Thomas and Saint John and adjacent islands and cays. (July 22, 1954, ch. 558, § 25, 68 Stat. 507; Pub. L. 95–598, title III, § 336(b), Nov. 6, 1978, 92 Stat. 2680; Pub. L. 98–454, title VII, § 707, title X, § 1001, Oct. Page 161 TITLE 48—TERRITORIES AND INSULAR POSSESSIONS § 1631 5, 1984, 98 Stat. 1741, 1745; Pub. L. 101–219, title II, § 203, Dec. 12, 1989, 103 Stat. 1874.) Editorial Notes AMENDMENTS 1989—Pub. L. 101–219 struck out provision that court for the Division of Saint Croix be held in Christiansted and for the Division of Saint Thomas and Saint John at Charlotte Amalie. 1984—Pub. L. 98–454 amended section generally, in- serting provisions setting forth places for the holding of court of each judicial division and striking out pro- visions relating to the applicability of procedural rules and prosecutions by information and indictment, which are now covered under section 1614 of this title, and re- pealed section 336 of Pub. L. 95–598 which had amended this section. 1978—Pub. L. 95–598 substituted ‘‘section 2075 of title 28 in cases under title 11’’ for ‘‘section 53 of title 11 in bankruptcy cases’’. Statutory Notes and Related Subsidiaries 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. EFFECTIVE DATE OF 1978 AMENDMENT Pub. L. 95–598, title IV, § 402(e), Nov. 6, 1978, 92 Stat. 2682, which provided a prospective effective date for the amendment of this section by section 336(b) of Pub. L. 95–598, was repealed by Pub. L. 98–454, title X, § 1001, Oct. 5, 1984, 98 Stat. 1745. § 1616. Trial by jury All criminal cases originating in the district court shall be tried by jury upon demand by the defendant or by the Government. If no jury is demanded the case shall be tried by the judge of the district court without a jury, except that the judge may, on his own motion, order a jury for the trial of any criminal action. The legisla- ture may provide for trial in misdemeanor cases by a jury of six qualified persons. (July 22, 1954, ch. 558, § 26, 68 Stat. 507; Pub. L. 85–851, § 8, Aug. 28, 1958, 72 Stat. 1095.) Editorial Notes AMENDMENTS 1958—Pub. L. 85–851 substituted requirement of jury trial upon demand by defendant or Government for pro- hibition against denial to any person on demand of ei- ther party. § 1617. United States attorney; appointment; du- ties The President shall, by and with the advice and consent of the Senate, appoint a United States attorney for the Virgin Islands to whose office the provisions of chapter 35 of title 28, shall apply. Except as otherwise provided by law it shall be the duty of the United States attor- ney to prosecute all offenses against the United States and to conduct all legal proceedings, civil and criminal, to which the Government of the United States is a party in the district court and in the courts established by local law. He shall also prosecute in the district court in the name of the government of the Virgin Islands all of- fenses against the laws of the Virgin Islands which are cognizable by that court unless, at his request or with his consent, the prosecution of any such case is conducted by the attorney gen- eral of the Virgin Islands. The United States at- torney may, when requested by the Governor or the attorney general of the Virgin Islands, con- duct any other legal proceedings to which the government of the Virgin Islands is a party in the district court or the courts established by local law. (July 22, 1954, ch. 558, § 27, 68 Stat. 507; Pub. L. 85–851, § 9, Aug. 28, 1958, 72 Stat. 1095; Pub. L. 86–289, § 4, Sept. 16, 1959, 73 Stat. 569; Pub. L. 92–24, June 2, 1971, 85 Stat. 76; Pub. L. 98–454, title VII, § 708, Oct. 5, 1984, 98 Stat. 1741.) Editorial Notes AMENDMENTS 1984—Pub. L. 98–454 substituted ‘‘courts established by local law’’ for ‘‘inferior courts of the Virgin Islands’’ wherever appearing and struck out provisions relating to vacancies in the office of United States attorney for the Virgin Islands. 1971—Pub. L. 92–24 substituted ‘‘chapter 35’’ for ‘‘chapter 31’’ and struck out ‘‘except that the Attorney General shall not appoint more than one assistant United States attorney for the Virgin Islands’’ after ‘‘shall apply’’. 1959—Pub. L. 86–289 substituted provisions making chapter 31 of title 28 applicable to United States attor- ney and by provisions specifying his duties, for provi- sions which prescribed his term of office and provided for his compensation, provided for appointment and compensation of his assistant and employees, and pro- vided that he or his assistant conduct all legal pro- ceedings in which the United States Government or the government of the Virgin Islands is a party in the Dis- trict Court and inferior courts. 1958—Pub. L. 85–851 substituted ‘‘United States attor- ney’’ for ‘‘district attorney’’ wherever appearing. Statutory Notes and Related Subsidiaries 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. SUBCHAPTER VI—SYSTEM OF ACCOUNTS § 1631. Establishment and maintenance; scope The Governor shall establish and maintain systems of accounting and internal control de- signed to provide— (a) full disclosure of the financial results of the government’s activities; (b) adequate financial information needed for the government’s management purposes; (c) effective control over and accountability for all funds, property, and other assets for which the government is responsible, includ- ing appropriate internal audit; and (d) reliable accounting results to serve as the basis for preparation and support of the government’s request for the approval of the President or his designated representative for the obligation and expenditure of the internal revenue collections as provided in section 26, the Governor’s budget request to the legisla- ture, and for controlling the execution of the said budget. (July 22, 1954, ch. 558, § 18, 68 Stat. 505.)