In re Moorhead

27 V.I. 74, 1992 WL 12729436, 1992 V.I. LEXIS 7
CourtSupreme Court of The Virgin Islands
DecidedMarch 31, 1992
DocketMisc. No. 17-1991
StatusPublished
Cited by18 cases

This text of 27 V.I. 74 (In re Moorhead) is published on Counsel Stack Legal Research, covering Supreme Court of The Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Moorhead, 27 V.I. 74, 1992 WL 12729436, 1992 V.I. LEXIS 7 (virginislands 1992).

Opinion

HODGE, Presiding Judge

MEMORANDUM OPINION

I. INTRODUCTION

This Petition for Readmission to the Virgin Islands Bar presents a significant issue of first impression. That issue is whether the Territorial Court has jurisdiction to admit attorneys to the Virgin Islands Bar. For the reasons which follow, this court holds that it does have jurisdiction to do so, and having reviewed the merits of petitioner's claim will grant the petition.

A copy of the Petition was served on the President of the V.I., Bar, whose input was invited. The matter was heard on November 19, 1991 in a consolidated hearing with a related Petition for Special Admission (Misc. No. 19-1991) filed by the Chief Territorial Public Defender. That petition sought limited admission of Petitioner to practice as a Territorial Public Defender on behalf of indigent criminal defendants. The Special Petition was granted by Order dated November 19, 1991, but this Petition was taken under advisement, and time was granted to the V.I. Bar to submit an amicus curiae brief, for which an Ad Hoc Committee of five members was appointed by the Bar President. The brief has now been received, [76]*76along with four other submissions by members of the Ad Hoc Committee.1

II. BACKGROUND

Petitioner is a graduate of Howard University School of Law (J.D. 1986). On June 19,1987 he filed in the District Court a petition for admission to the V.I. Bar, and on February 11,1988 Judge David V. O'Brien of the District Court issued a Judgment on the petition (Civil No. 1987-167) admitting the Petitioner to the Bar of the Virgin Islands as an attorney and counsellor-at-law, and conferring upon him all the rights and privileges appertaining thereto. Prior to that date Petitioner had been admitted to practice law in Pennsylvania when on December 3, 1986 he was admitted by the Supreme Court of Pennsylvania. Petitioner is still in good standing with the Pennsylvania Bar and his license fee for the 1991-1992 Fiscal Year has been paid.

After his admission to practice in the Virgin Islands by Judge O'Brien, petitioner actively engaged in the practice of law until June 27, 1990 when he voluntarily resigned from the V.I. Bar because of pressing personal and family problems, resulting to some extent from the devastation of Hurricane Hugo on September 17-19, 1989.

On November 21, 1990 he applied to the District Court for readmission after resolving his personal and family problems. The original District Court civil number (Civil No. 1987-167) was used on that Petition for Readmission. Attached to that petition was a Certificate of Good Standing dated November 20, 1990 from the Clerk of the District Court and a Certificate of Service dated November 21, 1990 indicating that copies of the documents were served on Judge Stanley Brotman, the Acting Chief Judge of the District Court, and on Attorney Andrew Capdeville, then President of the V.I. Bar Association.

A hearing on the readmission application was scheduled for January 16, 1991 in the District Court, but prior to the hearing peti[77]*77tioner was required to answer under oath certain personal questions propounded by Judge Brotman. All questions were answered by Petitioner under oath and submitted to both Judge Brotman and Attorney Douglas Capdeville, who had then replaced his brother Andrew Capdeville as President of the V.I. Bar.

No opposition to the Petition was filed by the V.I. Bar Association, but the hearing was held in camera with Judge Brotman, Attorney Douglas Capdeville, and Petitioner present, along with a court clerk and a court reporter. In the resulting Order dated January 14, 1991 Judge Brotman referred to certain unspecified in camera discussions regarding the Petition for Readmission, continued the matter without date, and ordered that the transcript of the hearing be sealed, pending further order of the court. Since no further action was taken by the District Court for approximately six months, petitioner filed a motion to withdraw his petition for readmission on June 13, 1991, and five days later Judge Brotman granted that motion and dismissed the petition without prejudice.

In a separate civil action filed in the District Court on September 18,1991 (Misc. No. 91-0023) the Territorial Public Defender applied for the Special Admission of petitioner to practice before the courts of the Virgin Islands by virtue of his employment with the V.I. Government as a Public Defender based upon his good standing as a member of the Pennsylvania bar. There being no response or action to this motion by the V.I. Bar or the District Court, the Territorial Public Defender moved on October 2, 1991 to withdraw the application, and on October 9, 1991 the Motion to Withdraw was granted by Judge Brotman.

On October 1,1991 the Territorial Court assumed full jurisdiction of all local civil actions pursuant to Sec. 21 of the Revised Organic Act, as amended, and local Act No. 5594, 4 V.I.C. Sec. 76(a) (Bill No. 18-0362). Subsequent to that date, the battlefield has shifted to this court with the filing of this Petition for Readmission on October 28, 1991 and the Petition for Special Admission on November 14,1991.

It is undisputed in the record that Petitioner has met all of the bar admission requirements of 5 App. V, Rule 56; that he has satisfactorily passed the bar examinations in Pennsylvania and the U.S. Virgin Islands; that he has been admitted to practice law in both [78]*78jurisdictions; that there are no disciplinary proceedings pending against him; and that he submitted a resignation from the V.I. Bar.2

III. DISCUSSION

Petitioner contends that jurisdiction of the Territorial Court to admit attorneys was first triggered by the significant 1984 Amendments to the Revised Organic Act of 1954 which granted increased autonomy to the local courts and authorized the VI. Legislature to further increase that autonomy by legislative action. Petitioner also contends that the objective of such autonomy was to establish a relationship between the local courts and the federal court in the Virgin Islands that would be similar to the relationship between state courts and federal courts on the U.S. mainland. Petitioner further asserts that the authority granted by the 1984 Amendments to the V.I. Legislature was exercised when it vested full civil jurisdiction over local matters in the Territorial Court, and that included in this civil jurisdiction is the admission of attorneys to the V.I. Bar.

A comparative analysis of the old and new Organic Act provisions regarding the jurisdictional limits of the District Court and the local courts indicates that petitioner's contentions are meritorious. Moreover, further scrutiny of local legislation as well as local, state, and federal case law establishes beyond doubt that effective October 1,1991 this court has jurisdiction to admit attorneys to practice before the V.I. Bar.3

A. Federal Grant of Jurisdiction

The Congress of the United States is granted plenary power over U.S. Territories, including the U.S. Virgin Islands. That power ema[79]*79nates from Article IV, Sec. 3, Clause 2 of the U.S. Constitution which provides as follows:

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Bluebook (online)
27 V.I. 74, 1992 WL 12729436, 1992 V.I. LEXIS 7, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-moorhead-virginislands-1992.