Oct. 8, 2006 — Gov. Charles W. Turnbull dealt a stinging rebuke to Sen. Ronald Russell Friday, questioning Russells authority in unilaterally deciding to shut down the Senate so he could campaign for reelection.
It appears that you are unclear as to your duties and responsibilities as a senator, Turnbull said in a released statement Friday. Neither the Revised Organic Act of 1954 as amended, nor the Virgin Islands Code, provide for the closing of the Legislature or cessation of its duties and responsibilities to allow senators to campaign for office.
Turnbull's statement, released Oct. 6, was in response to a letter by Russell dated Oct. 4, requesting the governor withhold sending further nominations to the Senate Rules and Judiciary Committee so close to the Nov. 7 election.
The general election is approximately five weeks away, Russell wrote. The 26th Legislature recently passed a comprehensive budget and will have one more session before the election. The Committee on Rules and Judiciary cannot accept any further nominees for boards, commissions or the judiciary.
"As elected officials," Rusell continued, "we are responsible, accountable and represent the people of the Virgin Islands. Within the month preceding the election, unless there is an emergency for some unforeseen reason, I will not schedule any Rules and Judiciary Committee meetings. Therefore, I respectfully request that you discontinue sending any nominations for boards, commissions or judges to the 26th Legislature. All nominations that are currently pending, we will attempt to address them after the general election.
In his response, Turnbull challenged Russells efforts to bind the Legislature and noted that no vote was taken by the committee he chairs or the committee as a whole to suspend operations."
Your letter is not only inappropriate, but lacks any legislative authority and merit, Turnbull said. "Additionally, it is a violation of the doctrine of separation of powers for you to even suggest that no nominees be sent to the Legislature. Whenever vacancies appear on certain boards, commissions or the judiciary, the governor is obligated to submit nominees to the Legislature for its advice and consent to fill these vacancies. You have no authority to refuse to act upon such nominees.
Russell has been at odds with Turnbull in his quest to move a proposed Supreme Court to St. Croix instead of building on St. Thomas, the V.I. capital, as territory law mandates. Turnbull has filed suit over a Legislative veto to build the Supreme Court on St. Thomas. At one point Russell, who is an attorney, attempted to represent the Legislature. Members of the 26th Legislature rejected the attempt, noting that the Legislature had capable counsel to represent itself.
The Supreme Court matter had reached a standstill pending the outcome of the lawsuit until last week, when it came up on the Senate floor. Prior to that, the issue was initially raised in Russells committee when members expressed concern over what they termed the last-minute renomination of Judge Rhys S. Hodge to the Superior Court. Hodges first six-year term expired in June, but the law gives judges a grace period of 120 days to serve on the bench after their terms expire. This meant that Hodges grace period extended to October.
Last week, in proposing a bill to extend the grace period, Russell said there would not be enough time for nominations to be considered before a new Senate takes office in January. He argued that time was needed for first the Rules Committee and then the full Senate to go through an in-depth process of questioning nominees and conducting background checks. Some of Russells colleagues took him to task for that request, with one senator calling it in-case legislation.
Sen.Celestino White suggested that Russell was stalling in case he lost a reelection bid in hopes that the next governor would nominate Russell to a judgeship. White reminded Russell that he had been sworn in and still held office until January.
In the end, the measure was passed with all but Sens. White, Liston Davis, Shawn-Michael Malone and Terrence Positive Nelson voting against it. Sens. Pedro Pete Encarnacion and Usie R. Richards were absent.
Turnbull, in the released statement, noted that the Revised Organic Act of 1954, as amended, says that a senators term is for two years beginning on the second Monday in January following his election. You took office on January 10, 2005. Therefore your term with the 26th Legislature does not end until January 9, 2007.
He also took Russell to task for comments made in his letter regarding Turnbulls nominees to the Supreme Court. Russell had written, "Your nominations for the Supreme Court will not be considered in this legislative term. There is pending litigation, concerning the placement of the Court, which remains unresolved."
Turnbull countered that he had submitted the names via letter dated July 19, and that was more than enough time for action to be taken on the nominations.
The Supreme Court nominees are Hodge, Retired Superior Judge Maria M. Cabret and Superior Court Judge Ive A. Swan.
Back Talk Share your reaction to this news with other Source readers. Please include headline, your name and city and state/country or island where you reside.
