Aug. 22, 2006– Senators debated Tuesday in a full legislative session whether Sen. Ronald E. Russell should be allowed to represent the Legislature in a lawsuit filed July 28 by Gov. Charles W. Turnbull, asking the court to declare "unconstitutional" a law enacted last year by the Senate to establish a Supreme Court on St. Croix.
When the subject was first broached during Monday's Rules Committee meeting, Russell said he would be filing a motion to remove the case from the Superior Court to the District Court, since Turnbull's suit deals with a "federal issue" — namely, whether creating a Supreme Court on St. Croix flies in the face of the Revised Organic Act, which establishes St. Thomas as the territory's capital and "seat of government."
The motion for removal names Russell as a co-counsel for the Legislature in the matter.
During Monday's meeting, Russell added that Turnbull's suit also hampers the ability of the Rules Committee to act on three nominations recently sent down by Turnbull for judgeship positions to the Supreme Court.
Russell's statements Monday raised the ire of Sen. Usie R. Richards, who said Russell could not defend the Legislature while he is a sitting senator. Instead, Richards said the Legislature's legal counsel should offer defense in the case.
During Tuesday's meeting, Richards said that he remains "steadfast" in his position and called Russell's attempt to offer defense in the case "a conflict of interest."
"The only legal arm of this body is the Legal Counsel," he said. "This is the entity that should state what the possible actions of the Legislature should be in this matter."
Richards added that senators should still be able to act on the nominees. "If you believe that we don't have to act on them, then you don't need to be here today," he said to the senators in attendance.
Supporting Richards' statements, the Legislature's Chief Legal Counsel Yvonne Tharpes said the lawsuit would not prohibit senators from voting on judges nominated to serve on the V.I. Supreme Court.
In an interview conducted after the meeting, Russell explained that the committee could not act on the nominations since at least one of the nominees has spoken against putting the Supreme Court on St. Croix.
He also explained that there is no provision in the V.I. Code or the Legislature's rules which prohibits a senator from defending the Legislature in legal matters. "There would also be no conflict of interest since the motion I'm filing does not require any testimony, evidence or transcripts. It would simply be about giving an interpretation of the current law," he said.
"A majority of senators could elect me to represent the Legislature," Russell added. "But, since a majority of my colleagues did not support this action, I filed this morning an amended motion in which I am requesting on my own, as a citizen of St. Croix, that the case be removed to the District Court."
He said once the case is moved to District Court, it could be fast-tracked to the Third Circuit Court of Appeals, where a final decision would be made.
Russell added that he was filing the motion because the Legislature had not yet begun to deal with the lawsuit. "No action has been taken by this body on the matter," he said. "And this is an issue that needs to be dealt with as soon as possible."
However, during Tuesday's meeting, Senate President Lorraine L. Berry said an outside firm would be hired to defend the Senate in this case, since the Legislature's Legal Counsel will be "busy" working on the 2007 executive budget markup.
Russell said the court would ultimately have to decide whether to grant his motion or work with another firm hired to represent the Legislature. However, he said that if his motion is granted, he would be filing a brief and an emergency motion to have the case heard in District Court.
"Since this is a federal issue, it should be heard in a federal court," he said. "And it should be resolved properly and quickly for the people of St. Croix."
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.
