§1613a Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Third Circuit; rules; appeals to appellate court

Summary

Until the new appellate court called for in section 1611(a) is set up, the District Court of the Virgin Islands must hear appeals from local Virgin Islands courts as local law allows. The local legislature cannot stop the District Court from reviewing cases that involve the U.S. Constitution, treaties, federal laws (including this chapter), actions by U.S. officers or agencies, or whether any local law, order, or government action follows federal law. Appeals in the District Court are decided by an appellate panel of three judges, and two judges make a quorum. The chief judge presides unless they cannot act. The other judges are chosen from those serving or assigned under section 1614(a), and no more than one may be a judge from a local court. Two judges must agree on the merits. The presiding judge alone can make orders before the full hearing and can dismiss appeals for lack of jurisdiction or failure to proceed. Appeals pending on the law’s effective date must be heard by a single judge. Final District Court decisions on local-court appeals may be taken to the U.S. Court of Appeals for the Third Circuit, which may make rules to carry out this process. Once the appellate court in section 1611(a) is established, new appeals must go there, but any appeals already in the District Court stay there and can still be reviewed by the Third Circuit and the Supreme Court.