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Judge Speaks Candidly About State of V.I. Justice

Dec. 20, 2006 — The renomination of Judge Brenda J. Hollar to serve a third term on the V.I. Superior Court bench sailed through the Rules and Judiciary Committee on Wednesday after hours of extensive discussion and debate.
Judicial nominees are often asked to discuss a variety of issues during the Rules Committee process, ranging from their opinion on mandatory sentencing to ideas on what can be done to improve the local justice system.
During Wednesday's meeting, however, senators opened up the discussion to include Hollar's thoughts on the role of religion in the courtroom, and whether or not establishing a local constitution would give the territory more legal autonomy.
Hollar also spoke in depth on issues such as crime, saying that the incidences of domestic violence and murder within the territory are on the rise — a fact which she attributed to the breakdown of the local "family unit."
"The family is at risk in the Virgin Islands," she said. "The absence of fathers in the home, or fathers that are contributing members to a household, for example, is a problem."
She suggested that parents become more involved in their children's lives and assert more control over what children watch on television and what they access on the Internet.
From a judicial perspective, Hollar added that the V.I. Code limits a judge from allowing criminals serving more than six months in jail from being eligible for the government's probationary system. "This prohibits these young people from being able to become involved in various educational and social programs being offered," she explained.
On a more personal note, Hollar also discussed her own judicial philosophy, and was asked to rate her performance in the courtroom on a scale of 1-10.
"There's always room for improvement," she said. "So I can't give myself a 10. I hope it's more than a five, though."
Sen. Usie R. Richards, commenting on a poll taken by the V.I. Bar Association, said that several local attorneys still "had concerns" about Hollar's temperament in the courtroom.
Speaking candidly, Hollar explained that she does "get annoyed" when attorneys come to court "unprepared."
Senators agreed with the response and heaped praise upon the nominee. "You have been a wonderful person on the bench," Sen. Louis P. Hill said. "You have a clear and compassionate hand, and your decisions demonstrate a great love for the people of the Virgin Islands."
Hollar's renomination was unanimously approved by the committee and sent onto the full Senate body for final approval.
Senators also passed along three bills on Wednesday that have been pending before the committee for at least a month.
Among the bills was a measure to set up a magistrate court division within the V.I. Superior Court. Hollar, speaking in favor of the bill, said a magistrate division would free up more time for sitting judges to deal with criminal and civil matters that have been backlogged in the justice system.
Magistrates, she said, would take over such matters as traffic cases, small claims cases and divorces, among other things.
Before the bill was approved, senators also passed an amendment to the bill incorporating many changes previously submitted by Judge Rhys S. Hodge, recently sworn in as chief justice of the V.I. Supreme Court.
In addition to correcting a number of technical errors within the original bill, the amendment allows the magistrates to be appointed by a panel of individuals from the Superior Court, instead of being selected by the governor. Additionally, the amendment allows for matters on appeal from the magistrate division to be heard in Superior Court.
Senators also approved bills:
–requiring 25 percent of the property taxes paid to the government from HOVENSA be deposited into the Housing Trust Fund to establish facilities and services for the homeless, and to provide rental and homeownership assistance to low and moderate-income residents; and
–prohibiting unreasonable, excessive and annoying noise levels.
Present during Wednesday's meeting were Sens. Lorraine L. Berry, Roosevelt C. David, Pedro "Pete" Encarnacion, Juan Figueroa-Serville, Hill, Terrence "Positive" Nelson and Ronald E. Russell.
Noncommittee members Sen. Liston Davis and Richards were also present.
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