§1613a Appellate Jurisdiction of District Court; Procedure; Review by United States Court of Appeals for Third Circuit; Rules; Appeals to Appellate Court

Summary

Before the appellate court called for in section 1611(a) is set up, the District Court of the Virgin Islands will hear appeals from local courts as local law allows. The local legislature cannot stop the District Court from reviewing any case that raises the U.S. Constitution, treaties, or federal laws (including this chapter), or any action by a U.S. officer or agency, or whether a local law, order, or executive action follows the U.S. Constitution, treaties, or federal law. Appeals in the District Court are decided by a three-judge panel. Two judges make a quorum and must agree to decide a case on the merits. The chief judge leads the panel unless unable to act. The other judges are picked by the presiding judge from those serving or assigned under section 1614(a), and no more than one may be a judge of a court created by local law. The presiding judge can make orders before the full hearing and can dismiss appeals for lack of jurisdiction or failure to proceed. Appeals that were pending on the law’s effective date will be decided by a single judge. The United States Court of Appeals for the Third Circuit hears appeals from final District Court decisions about local-court cases and may make rules to carry this out. Once the appellate court in section 1611(a) is established, new appeals from local courts must go to that court, but appeals already in the District Court stay there and can still be reviewed by the Third Circuit and by the Supreme Court.