48 U.S.C. § 1613a : US Code - Section 1613A: Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Third Circuit; rules; appeals to appellate court

Search 48 U.S.C. § 1613a : US Code - Section 1613A: Appellate jurisdiction of District Court; procedure; review by United States Court of Appeals for Third Circuit; rules; appeals to appellate court

(a) Appellate jurisdiction of District Court
Prior to the establishment of the appellate court authorized by
section 1611(a) of this title, the District Court of the Virgin
Islands shall have such appellate jurisdiction over the courts of
the Virgin Islands established by local law to the extent now or
hereafter prescribed by local law: Provided, That the legislature
may not preclude the review of any judgment or order which involves
the Constitution, treaties, or laws of the United States, including
this chapter, or any authority exercised thereunder by an officer
or agency of the Government of the United States, or the conformity
of any law enacted by the legislature of the Virgin Islands or of
any order or regulation issued or action taken by the executive
branch of the government of the Virgin Islands with the
Constitution, treaties, or laws of the United States, including
this chapter, or any authority exercised thereunder by an officer
or agency of the United States.
(b) Appellate division of District Court; quorum; presiding judge;
designation of judges; decisions
Appeals to the District Court of the Virgin Islands shall be
heard and determined by an appellate division of the court
consisting of three judges, of whom two shall constitute a quorum.
The chief judge of the district court shall be the presiding judge
of the appellate division and shall preside therein unless
disqualified or otherwise unable to act. The other judges who are
to sit in the appellate division at any session shall be designated
by the presiding judge from among the judges who are serving on, or
are assigned to, the district court from time to time pursuant to
section 1614(a) of this chapter: Provided, That no more than one of
them may be a judge of a court established by local law. The
concurrence of two judges shall be necessary to any decision by the
appellate division of the district court on the merits of an
appeal, but the presiding judge alone may make any appropriate
orders with respect to an appeal prior to the hearing and
determination thereof on the merits and may dismiss an appeal for
want of jurisdiction or failure to take or prosecute it in
accordance with the applicable law or rules of procedure. Appeals
pending in the district court on the effective date of this Act
(!1) shall be heard and determined by a single judge.
(c) United States Court of Appeals for Third Circuit; jurisdiction;
appeals; rules
The United States Court of Appeals for the Third Circuit shall
have jurisdiction of appeals from all final decisions of the
district court on appeal from the courts established by local law.
The United States Court of Appeals for the Third Circuit shall have
jurisdiction to promulgate rules necessary to carry out the
provisions of this subsection.
(d) Appeals to appellate court; effect on District Court
Upon the establishment of the appellate court provided for in
section 1611(a) of this title all appeals from the decisions of the
courts of the Virgin Islands established by local law not
previously taken must be taken to that appellate court. The
establishment of the appellate court shall not result in the loss
of jurisdiction of the district court over any appeal then pending
in it. The rulings of the district court on such appeals may be
reviewed in the United States Court of Appeals for the Third
Circuit and in the Supreme Court notwithstanding the establishment
of the appellate court.