§1617 — Title 48 Territories and Insular Possessions | U.S. Code

Summary

The President must appoint, with the Senate’s approval, a U.S. Attorney for the Virgin Islands. That office follows the rules in chapter 35 of title 28. Unless another law says otherwise, the U.S. Attorney must prosecute federal crimes and handle civil and criminal cases for the U.S. in the district and local courts. They also prosecute Virgin Islands offenses in district court unless the Virgin Islands attorney general does so with the U.S. Attorney’s consent. At the Governor’s or attorney general’s request, the U.S. Attorney may take other cases for the Virgin Islands government.

Title 48, §1617

Territories and Insular Possessions — Source: USLM XML via OLRC

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 attorney 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 offenses 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 general of the Virgin Islands. The United States attorney may, when requested by the Governor or the attorney general of the Virgin Islands, conduct 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.

Notes & Related Subsidiaries

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 attorney and by provisions specifying his duties, for provisions which prescribed his term of office and provided for his compensation, provided for appointment and compensation of his assistant and employees, and provided that he or his assistant conduct all legal proceedings in which the United States Government or the government of the Virgin Islands is a party in the District Court and inferior courts. 1958—Pub. L. 85–851 substituted “United States attorney” for “district attorney” wherever appearing.

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.

§1617 United States Attorney; Appointment; Duties