§1614 Judges of District Court

Summary

The President, with the Senate’s approval, appoints two judges for the Virgin Islands district court. Each judge serves for ten years and stays on until a successor is ready, unless the President removes them for cause. The judge with the longest continuous service who meets the rules in section 136(a) of title 28 becomes the chief judge. Judges are paid the same as U.S. district judges. If the court needs extra help, the chief judge of the Third Judicial Circuit can temporarily assign judges from certain Virgin Islands courts, or circuit or district judges of the Third Circuit, or recalled senior judges; the Chief Justice can assign other federal judges if the assigned judge and that judge’s circuit chief agree. Judge pay and court expenses come from federal judiciary funds. Federal criminal laws and many federal court rules apply to the district court when appropriate. For income tax cases, the terms “Attorney for the government” or “United States attorney” mean the Attorney General of the Virgin Islands or others allowed by Virgin Islands law. Criminal cases in the court under U.S. law, certain local law, and income tax laws can proceed by grand jury indictment or by information. If a grand jury already investigated an offense, prosecutors may use an information only with the court’s permission or the defendant’s consent. Local-law cases tried in the district court under section 1612(b) stay by information unless local law needs a grand jury. The Attorney General appoints a U.S. marshal for the Virgin Islands, and chapter 37 of title 28 applies to that office.