Nomination and appointment of justices; selection of chief justice; prohibitions on practice of law and outside employment

Checkout our iOS App for a better way to browser and research.

  • (a) The Governor shall appoint, with the advice and consent of the Legislature, no fewer than three but no more than five justices and subject to the advice and consent of the Legislature, appoint a qualified person to fill any vacancy occurring in the office of justice in the Supreme Court.

  • (b) No person may be nominated or appointed a justice of the Supreme Court of the Virgin Islands, unless the person

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

    • (2) is an active member of the Virgin Islands Bar Association and has been engaged in the active practice of law in the Virgin Islands for the ten years preceding the nomination, or has been employed as an attorney or judge by the Government of the Virgin Islands or United States in the Virgin Islands for ten years preceding the nomination;

    • (3) is a bona fide resident of the Virgin Islands and has maintained a domicile in Virgin Islands for at least ten years prior to the nomination.

  • (c) The Governor may not send a nomination for a justice of the Supreme Court to the Legislature for confirmation without having given seven days' public notice in a newspaper of general circulation designated pursuant to section 251(a) of title 31, of this Code.

  • (d) The justices of the Supreme Court shall hold their offices for an initial term of ten years and may be reappointed for ten-year terms. Justices of the Supreme Court shall continue in office until their successors are appointed and confirmed, or until they are renominated and confirmed; but unless they have been renominated and confirmed, they may not remain in office more than 180 days after the expiration of their terms.

  • (e) A justice of the Supreme Court shall retain residency in the Virgin Islands while serving as a justice.

  • (f)

    • (1) The term of office of the Chief Justice is five years and commences on the sixty-first day following his election and expires at 10 a.m. five years from the date of commencement.

    • (2) Not later than sixty days before the expiration of a Chief Justice's term, a majority of the full-time justices sitting en banc shall by secret ballot select from among their members a Chief Justice for a five year-term. If the ballot fails to produce a majority vote due to abstention, failure to vote, vacancy, absence or otherwise, then the justice most senior in commission not to having previously served as Chief Justice shall serve as Chief Justice for a five-year term. If the ballot fails to produce a majority vote and if all justices have previously served as Chief Justice, the justice who served earliest in time as Chief Justice shall serve as Chief Justice for a five-year term.

    • (3) An eligible justice may decline to serve as Chief Justice. The Chief Justice may resign the office of Chief Justice without resigning from the office of justice of the Supreme Court.

    • (4) Within ten days after each election, the Clerk of the Supreme Court shall certify to the Governor and President of the Legislature the name of the justice selected to serve as Chief Justice.

  • (g) Supreme Court justices may not practice law or do law business nor may they accept, during their terms of office, any public appointment or employment for which they receive compensation for their services.


Download our app to see the most-to-date content.