The nomination of Gov. John deJongh Jr.’s legal counsel, Adam Christian, to a judgeship on the V.I. Superior Court engendered extensive debate and polite opposition in the Rules and Judiciary Committee from some senators before being forwarded with a favorable recommendation.
Sens. Usie Richards and Neville James, who are on the Rules Committee, and Sens. Terrence "Positive" Nelson and Nereida "Nellie" O’Reilly, who are not but will cast votes when the nomination is voted upon in the full Senate, expressed concern about Christian’s declining to comment on controversy over construction on a fence and guardhouse at deJongh’s private house done by the Department of Public Works. The work, authorized by the Legislature through an opaquely worded amendment to an appropriations bill, has been questioned by several senators who argue any construction was improper because it conferred a private benefit to deJongh with public money. DeJongh has countered the work was approved by the Legislature, saved tax dollars because it allowed him to live at home, and has offered to pay the government back after his term in office is over and extra security is no longer necessary for his job.
Asked repeatedly to comment on various aspects of that controversy, Christian said as legal counsel to the governor, he was prohibited from discussing any of his legal advice to the governor by several specific passages in the U.S. Bar Association’s Code of Professional Responsibility and by his obligation to not breach attorney-client confidentiality.
Richards compared the situation to that of Harriet Miers, whose nomination to the U.S. Supreme Court was withdrawn by President George W. Bush when the U.S. Senate asked for documents Bush was unwilling to disclose.
Richards said Christian was highly qualified for the position, but the specific details of his legal advice to the governor were necessary for the decision.
"You have the qualifications," Richards said. However, Richards added that the question remains, "How can the Legislature judge him [Christian] if he can’t talk about his job?" Christian responded that he was simply following the law and following it consistently—even when under pressure—and that was itself a demonstration of his abilities and qualifications.
Nelson said the refusal to discuss the issues showed Christian was "more loyal to his boss than to the law."
O’Reilly asked Christian if it might be better to postpone the appointment until after any court cases in question were settled. Christian said the attorney-client privilege would remain, and he would still be unable to discuss the matters in question, regardless of waiting.
Sens. Celestino White and Sammuel Sanes offered impassioned defenses of Christian.
"There comes a time we need to put politics aside and look at the man and his qualifications," Sanes said. White argued it was inappropriate to oppose Christian for doing what he was required to do.
Delegate Donna Christensen, brother to Christian, took the stand in support of the nomination.
"My brother is not under any investigation whatsoever, and there is no cloud of any kind over Adam Gregory Christian’s head," Christensen said. "I think the way he answered the questions showed his adherence to the law and recommends him highly. And with respect to Harriet Miers, there is no comparison; I do not concede there is any conflict of interest. I would only concede the point he is an employee of the person who nominated him."
Adelbert Bryan and Mary Moorhead, two members of the 5th Constitutional Convention testified in opposition to Christian because of the possibility he might have had some role in deJongh’s decision not to forward the draft constitution for consideration by Congress. At the time, deJongh issued a statement saying he was required to submit a document that conformed to the U.S. Constitution and among other problems, passages in the draft granting property tax exemptions based on ethnicity did not meet that standard. The matter is the subject of an ongoing lawsuit. Christian said the subject was off limits for him both because he was prohibited from talking about pending litigation and by attorney-client privilege.
Born on St. Thomas to parents from St. Croix, Christian attended All Saints Cathedral School for 8th and 9th grade and finished high school in South Kent, Conn. He received a bachelor’s in government from the University of Virginia in 1987 and a law degree from Marshall-Wythe School of Law at the College of William and Mary in Williamsburg, Va. in 1990, at age 23. While in law school, he clerked for V.I. judges for three summers, including two as clerk for Judge Ive Swan. He passed the Texas bar in 1990, then returned to the Virgin Islands in 1991, passing the V.I. bar in 1992, and working in private practice until being called into government service by deJongh in the fall of 2006.
Voting to forward his nomination to the full senate with a favorable recommendation were: Sanes, White, Sens. Carlton "Ital" Dowe, Patrick Sprauve and Michael Thurland. Voting nay were Richards and James. Also present were non-committee members O’Reilly, Nelson and Sen. Wayne James.
