Dec. 4, 2007 — A rift within the territory's judicial system became evident Tuesday as representatives from the V.I. Supreme and Superior courts butted heads over a proposal that calls for the two entities to be run by separate administrators.
The proposal, which was tacked on as an amendment to the fiscal year 2008 executive budget, was vetoed by Gov. John deJongh Jr., but made it through on a legislative override — a move chief V.I. Supreme Court Justice Rhys S. Hodge said would cost the court an extra $1.9 million in expenses.
"While the court had hoped to avoid these additional costs by maintaining one central administrative structure throughout the judiciary, the additional costs are now paramount, as the Supreme Court will require additional administrative, accounting, human resources, maintenance, marshal and information-technology personnel that were not previously considered," Hodge said during the October hearing.
During Tuesday's Rules and Judiciary Committee meeting, senators introduced an amendment in the nature of a substitute that made changes to certain sections of the law that set up the Supreme Court. However, the measure also added a few provisions recommended by the Supreme Court, which Hodge said would nullify the "unified structure" of the judicial branch.
When senators passed the law establishing the Supreme Court, they also placed the chief justice as the head of the judiciary, with "supervisory and rule-making authority" for all the courts in the territory, Hodge explained. The override — coupled with the new amendment in the nature of a substitute — changes that structure and places the presiding judge in charge of a court system that has changed substantially over the past year, he added
"Mr. Chairman, it is … instructive that the governor recently observed that government agencies represent one government with one policy which should work together, and here we have a single branch of government being split and creating unnecessary conflicts, confusion and wasteful duplication," Hodge told senators. "We ask the Legislature to avoid such result by restoring the Supreme Court's authority … and permit the judicial branch to establish its own organizational structure, free from outside interference."
Hodge also opposed other sections of the amendment that prohibit the Supreme Court from adopting rules for the Superior Court and call for the presiding judge of the Superior Court to appoint new magistrate judges.
Speaking in support of the amendment, Superior Court Presiding Judge Darryl Donohue said the proposal does not pick apart the judicial branch, but rather keeps the court in charge of its own day-to-day affairs.
"Senators, please note: The override did not destroy our unified judicial system … and the override will not result in the Supreme Court needing an additional $1.9 million for administrative personnel," he said. Without the override, Donohue added, the Superior Court would have been run by an administrator who would only be responsible to the chief justice — a move that he said would have "literally usurped all the powers and authority of the presiding judge and provided for no input or consideration by the judges of the Superior Court."
Approving the amendment would give employees of the Superior Court more "clarity" as to exactly who's in charge, he added.
Backing up Donohue's statements, retired Judge Verne S. Hodge said both the amendment and override make clear that the territory has both a trial and appellate courts, which should be seen as two separate entities. At the same time, the amendment also keeps the chief justice in a supervisory position, he added, while helping to alleviate some of the hostile working conditions present at the court prior to the override.
"What I'm concerned about is somebody at the court going postal," Verne S. Hodge said, when talking about the courts' conflict. "So it's a matter of really trying to make this work. We don't only want the Supreme Court to work — both courts have to work. Both have to succeed."
Senators unanimously passed the amendment, sending it on to the full legislative body for a final vote. An amendment tacked onto the bill also increased the Supreme Court's FY 2008 budget from about $1.5 million to $3 million. During budget hearings in June, Rhys S. Hodge had laid out a $7.3 million budget for the Supreme Court, which he said would help get the newly formed entity off the ground.
All others bills on Tuesday's Senate agenda were also moved forward, and will be seen on the floor during full sessions scheduled for Thursday and Friday.
Bills approved on Tuesday:
— prohibit non-accredited colleges and universities from setting up shop in the territory;
— allow the governor to establish a partnership with Lincoln Educational Services Corp. to build a technical school in the territory;
— transfer the collection of real property taxes and public user fees from the Department of Finance to the Internal Revenue Bureau;
— establish the Office of Highway Transportation revolving fund to hold federal funds awarded to the Department of Public Works under the Federal Highway Stewardship Agreement;
— authorize the Motor Vehicle Bureau to issue valid identification cards at a cost of $25;
— authorize the V.I. Water and Power Authority to pay employer contributions to the Government Employees' Retirement System for all of its hazardous-duty employees, including any retroactive amounts;
— transfer the V.I. Energy Office from the Department of Planning and Natural Resources to the Office of the Governor;
— call for quarterly and annual financial reports to be prepared for horse races conducted throughout the territory; and
— call for quarterly and annual profit-and-loss statements to be prepared for automobile races conducted in both districts.
Present during Tuesday's meeting were Sens. Liston Davis, Carlton "Ital" Dowe, Louis P. Hill, Shawn-Michael Malone, Usie R. Richards, Ronald E. Russell, James A. Weber III, Carmen M. Wesselhoft, Celestino A. White Sr. and Alvin L. Williams.
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.
