(a) Decisions concerning substantive matters. In hearing and determining the merits of cases before it, the Supreme Court initially sits in a three justice panel. A decision is determined by a majority vote of a panel. If a majority of the panel is unable to agree on a decision, the decision appealed from is affirmed. The Supreme Court, if it consists of more than three justices, may hear en banc any case decided or dismissed by a panel, or transfer any case pending before a panel to the en banc court. The Supreme Court shall promulgate court rules for considering cases en banc and for assignment of justices to panels.
(b) Decisions concerning procedural matters. As provided by the Court's rules, the Supreme Court may appropriately delegate to a justice of the Court the authority to determine procedural matters incident to an appeal and other procedural matters requiring determination pending decision on the merits.
(1) The Chief Justice alone, or an Associate Justice sitting in the place of the Chief Justice, may make any appropriate order with respect to an appeal or dismiss an appeal for want of jurisdiction or failure to take or prosecute an appeal in accordance with applicable law or rules of procedure.
(2) Each of the justices shall have the power to issue writs of habeas corpus upon petition by or on behalf of any person held in actual custody, and may make such writs returnable before himself or before the Supreme Court or before any local court or judge thereof on behalf of any person held in custody.
(c) Operating matters. The Supreme Court shall adopt its own internal operating rules as well as its own Rules of Appellate Procedure, which the Supreme Court may amend from time to time as it considers appropriate. Unless provided otherwise by law, the Supreme Court may regulate its practice in any manner.
(d) Administrative matters.
(1) As administrative head of the courts in this regard, the Chief Justice shall appoint a Clerk of the Supreme Court, who has the authority with the advice and approval of the Chief Justice to establish a Clerk's Office to operate the day-to-day clerk functions of the Court.
(2) In meeting the responsibility as administrative head of the courts, the Chief Justice shall receive the advice and cooperation of all persons and bodies interested in the administration of justice, including, the judges of all courts in the Virgin Islands, the Judicial Council, the Commission on Judicial Conduct, the Virgin Islands Bar Association and all other appropriate judicial and legal organizations.
(3) The Chief Justice, in addition to judicial duties, has general superintendence of the administration of the trial courts established by law, including, without limitation, the improvement of the administration of such courts and the securing of their proper and efficient administration. The Chief Justice may issue such administrative orders on behalf of the Supreme Court of the Virgin Islands as necessary for the efficient administration of the judicial branch of the Virgin Islands. In order to achieve the ends stated in this paragraph, the Chief Justice has general superintendence of court personnel, facilities, administration, security, and court business and has the authority necessary to carry out these responsibilities including, but not limited to, the following:
(A) the responsibility to provide planning and policy-making functions, including the implementation of such planning and policy-making decisions;
(B) the authority to approve expenditures for all libraries maintained by the territorial courts;
(C) the responsibility to provide facilities management, including the responsibility to monitor and to assist in the case processing and case flow management capabilities of the courts; and
(D) the responsibility to supervise the implementation of the continuing education programs for judicial and non-judicial personnel.
(4)
(A) The Chief Justice shall make a written report on the state of the court system and the judiciary for the past fiscal year and shall deliver the report accompanied by recommendations and a proposed annual budget, to the Governor, the President of the Legislature on or before May 30 of each year.
(B) The report must include an account of all transfers of appropriated funds among line items and a schedule of all personnel transferred within the judicial system for the past fiscal year and contemplated for the current fiscal year. The reports shall be matter of public record.
(5) Except as otherwise specified by other law, on the date the Chief Justice of the Supreme Court of the Virgin Islands establishes the Judicial Branch Administrative Office, the administrative powers formerly entrusted to the Presiding Judge of the Superior Court pursuant to section 72b of this title and other provisions of law are abolished to the extent they are inconsistent with the powers of the Chief Justice, the Supreme Court, and the Administrative Office. The Presiding Judge, among other powers conferred by this title, shall retain the administrative power to oversee the work of and distribution of cases amongst the judges and magistrate judges of the Superior Court, to appoint and oversee the Clerk of the Superior Court, and to promulgate, with the approval of the Supreme Court, rules of the Superior Court not inconsistent with the rules of practice and procedure promulgated by the Supreme Court.