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Title 48 — Territories and Insular PossessionsRelease 119-73

§1614 Judges of District Court

Title 48 › Chapter CHAPTER 12— - VIRGIN ISLANDS [1954] › Subchapter SUBCHAPTER V— - JUDICIAL BRANCH › § 1614

Last updated Apr 6, 2026|Official source

Summary

The President must appoint two judges to the District Court of the Virgin Islands, and the Senate must approve them. Each judge serves for 10 years and stays on until a replacement is ready, unless the President removes them for cause. The most senior judge who meets the rules becomes chief judge. Their pay matches United States district judges. If more help is needed, the chief judge of the Third Judicial Circuit can send other judges from the circuit or from local courts, and the Chief Justice can send other federal judges with the needed consents, to serve temporarily. Judge pay and court costs come from federal judiciary funds. Federal criminal laws and many federal court rules and procedures apply to this court and its appeals when suitable, even if some Federal Rules about indictments or informations differ. For Virgin Islands tax cases, the terms “Attorney for the government” or “United States attorney” mean the Virgin Islands Attorney General or others allowed by local law. Criminal cases under U.S. law, certain local laws, and Virgin Islands tax laws can be brought by grand jury indictment or by information. If a grand jury looked at an offense, prosecutors can use an information only with the court’s permission or the defendant’s consent. The Attorney General must appoint a U.S. marshal for the Virgin Islands, and that office is governed by chapter 37 of title 28.

Full Legal Text

Title 48, §1614

Territories and Insular Possessions — Source: USLM XML via OLRC

(a)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)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)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.

Legislative History

Notes & Related Subsidiaries

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 revised part II of Title 28, Judiciary and Judicial Procedure.

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 Islands,” in third sentence, and inserted provisions regarding the designation of the chief judge. Subsec. (b). Pub. L. 98–454, § 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment 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 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 JudgesExtension 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 IncumbentEnactment 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 JudgesResignation and retirement of judges in the Territories and possessions, see section 373 of Title 28, Judiciary and Judicial Procedure.

Reference

Citations & Metadata

Citation

48 U.S.C. § 1614

Title 48 — Territories and Insular Possessions

Last Updated

Apr 6, 2026

Release point: 119-73