Selection, appointment, qualifications and salaries of magistrate judges

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  • (a) The Presiding Judge of the Superior Court of the Virgin Islands shall appoint magistrate judges from a list of nominees submitted to the Superior Court by magistrate judge selection panel of the Superior Court pursuant to subsection (e) of this section. Magistrate judges may be appointed by the Presiding Judge for a term of four years upon the affirmative vote and recommendation of a majority of the active judges of the Superior Court pursuant to rules, standards and procedures adopted by the Superior Court. Sixty days before the expiration of a magistrate judge's term, the Superior Court shall give public notice of the expiration of the magistrate judge's term and seek input and comment from the public. The Presiding Judge shall provide the comments to the judges of the Superior Court.

  • (b) To be eligible for nomination for appointment as a magistrate judge of the Superior Court, the nominee must:

    • (1) be a citizen of the United States;

    • (2) be a member in good standing of the Virgin Islands Bar Association; and

    • (3) have been engaged in the active practice of law in the territory for not less than five years immediately prior to his nomination.

  • (c) Each individual appointed as a magistrate judge shall take the prescribed oath of office before performing the duties of his office.

  • (d) Magistrate judges of the Superior Court are judicial officers of the Superior Court, and each shall receive as full compensation for his services, a salary equal to 85% of the salary of a judge of the Superior Court which may not be reduced during the term of his office without his consent.

  • (e) Magistrate judge selection panel. Whenever there is a vacancy in a magistrate judge position within either judicial district of the Superior Court, the Presiding Judge shall establish a magistrate judge selection panel to provide a list of at least two nominees for the Superior Court to consider in filling the position. The panel must consist of eleven citizens from the judicial district where the vacancy exists, four of whom must be non attorneys. The Superior Court shall adopt rules, standards and procedures for the magistrate judge selection panel to follow in submitting its nominees. Seven members of the committee constitutes a quorum. If the panel fails to submit at least two nominees within 90 days after the Presiding Judge establishes the specific panel, then the Presiding Judge may appoint the magistrate judge without further delay.


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