Russell v. DeJongh

48 V.I. 674, 2007 WL 45836, 2007 U.S. Dist. LEXIS 543
CourtDistrict Court, Virgin Islands
DecidedJanuary 4, 2007
DocketCivil No. 2006-228
StatusPublished
Cited by1 cases

This text of 48 V.I. 674 (Russell v. DeJongh) is published on Counsel Stack Legal Research, covering District Court, Virgin Islands primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Russell v. DeJongh, 48 V.I. 674, 2007 WL 45836, 2007 U.S. Dist. LEXIS 543 (vid 2007).

Opinion

GOMEZ, Chief Judge

[676]*676MEMORANDUM OPINION

(January 4, 2007)

Senator Ronald E. Russell (“Russell”) has filed suit against Governor Charles W. Turnbull (the “Governor” or “Governor Turnbull”).

I. FACTS

On September 30, 2004, the Virgin Islands Legislature passed Bill No. 25-0213 to establish the Supreme Court of the Virgin Islands pursuant to section 21(a) of the Revised Organic Act. Governor Turnbull approved the bill on October 29, 2004, as Act No. 6687. The first line of Act 6687 reads “To amend title 4, Virgin Islands Code to establish the Supreme Court of the Virgin Islands and ... for other purposes.” Specifically, Act 6687 provided:

SECTION 2. Title 4 Virgin Islands Code is amended by adding Chapter 2 to read as follows:
(a) The Governor shall appoint, with the advice and consent of the Legislature, three justices and subject to the advice and consent of the Legislature, appoint a qualified person to fill any vacancy occurring in the office of justice in the Supreme Court.
(c) The Governor may not send a nomination for a justice of the Supreme Court to the Legislature for confirmation without having given seven days' public notice in a newspaper of general circulation designated pursuant to section 251(a) of title 31, of this Code.
SECTION 3.
(a) [T]he Governor shall submit nominations for the associate justices of the Supreme Court to the Legislature within ninety days after the effective date of any act appropriating monies to fund the operations of the Supreme Court and shall at the time of submission designate one of the justices to serve an initial term of four years as the initial Chief Justice of the Supreme Court.

[677]*677Act No. 6687. It also provided that the Supreme Court would have regular sessions on Charlotte Amalie, St. Thomas.

In February, 2005, the Twenty-Sixth Legislature of the Virgin Islands (the “Legislature”) passed Bill No. 26-0003. Section 61 of Bill No. 26-0003 amended 4 V.I.C. § 21(b)(2) to provide that the Supreme Court would have regular sessions on St. Croix. Governor Charles Turnbull (the “Governor” or “Governor Turnbull”) vetoed section 61 of Bill No. 26-0003. The Legislature overrode the veto, enacting the bill2 as Act No. 6730 thereby requiring the Supreme Court to hold regular sessions on St. Croix. See 4 V.I.C. 21(b)(2).

On September 18, 2005, the Legislature passed Bill No. 260083, which stated the following:

SECTION 2. The Virgin Islands Public Finance Authority shall make available, forthwith, to the Superior Court of the Virgin Islands the sum of 5.75 million dollars to construct and establish the Virgin Islands Supreme Court on St. Croix.

The Governor vetoed the bill on December 2, 2005. On December 15, 2005, thé Legisláture overrode the veto enacting Bill 26-0083 as Act No. 6816.

On July 19, 2006, Governor Turnbull nominated Judges Maria M. Cabret, Ive A. Swan and Rhys S. Hodge to serve as justices on the Supreme Court. On October 24, 2006, the Governor called the Twenty-Sixth Legislature into a special session to be held on October 27, 2006, in which he requested the Legislature to consider the nominees.3

According to Russell, “[djespite protestations and the request for legal counsel's assistance, on October 27, 2006, after a motion to re-send the nominees to the Rules and Judiciary Committee, the Legislature convened and purportedly confirmed the three nominees.” [Compl. at 8.] [678]*678There are no further details regarding the protestations. The roll-call vote results indicated the confirmations were all unanimous. [Compl. Ex 13.]

Also on October 27, 2006, the Legislature passed Bill No. 26-0338 which, in sum, provides that because the Public Finance Authority did not have $5,750,000 available

[t]here is appropriated from the General Fund in the fiscal year ending September 30, 2007, the sum of $ 5,750,000, to the Superior Court of the Virgin Islands for the establishment and construction of the Supreme Court of the Virgin Islands on the island of St. Croix. The sum remains available until expended.

Bill No. 26-0338. The Governor approved the bill, noting he only signed it because he did not intend to impede the establishment of the Supreme Court. [Letter from Charles E. Turnbull, Governor of the Virgin Islands, to Lorraine L. Berry, President of the Legislature (Nov. 22, 2006) (Ex. G).]

On December 15, 2006, Russell filed a complaint in the District Court against the Governor seeking declaratory relief. In Count One, Russell seeks a declaration from this Court that the nominations were null and void. Russell alleges the Supreme Court nominations were untimely. Russell asserts that more than six months passed between the legislation's enactment on December 15, 2005, and Governor Turnbull's nominations of the justices on July 19, 2006. Russell argues that the nominations were thus procedurally flawed.

In Count Two, Russell seeks a declaration from this Court that the Governor's actions in calling a special session to consider the nominations was a violation of the doctrine of separation of powers.

On December 15, 2006, Russell filed a motion for a temporary restraining order to enjoin the swearing-in of the Supreme Court justices.

On December 17, 2006, the Governor filed a motion to dismiss. The Governor argues that this Court lacks jurisdiction based on the doctrine of unclean hands. He also argues the Court lacks jurisdiction because Russell failed to join an indispensable party and that Russell sued the wrong party.

Russell withdrew his motion for a temporary restraining order on December 17, 2006, after all parties agreed that “[t]he withdrawal of the TRO application of the plaintiff is without prejudice to the positions of the parties on the merits of the plaintiffs claims or the contentions of the [679]*679defendant or the relief sought.” The Supreme Court Justices were sworn into office on December 18, 2006.

On December 20, 2006, the Court ordered the parties to submit briefs “indicating what authority exists for a claim of a separation of powers violation, as well as any authority indicating the appropriate litigant to bring such a claim and under what circumstances such a claim may be raised ... .” In response to the order, both parties provided briefs, and the Governor filed a motion for summary judgment. Russell filed a motion in support of declaratory judgment.

II. Standing

This Court has an obligation to satisfy itself of its own jurisdiction. See Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 95, 118 S. Ct. 1003, 140 L. Ed. 2d 210 (1998) (explaining that even if parties concede jurisdiction, federal appellate courts still have an obligation to ensure that they have jurisdiction). In order for a party to obtain relief in this Court, that party must have standing. Bartley v. Virgin Grand Villas, 197 F. Supp. 2d 291, 293, n.2 (D.V.I. 2002).

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Bluebook (online)
48 V.I. 674, 2007 WL 45836, 2007 U.S. Dist. LEXIS 543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/russell-v-dejongh-vid-2007.