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U.S. Code as of:
01/19/04
Section 1614. Judges of District Court
(a) Appointment; tenure; removal; chief judge; compensation
The President shall, by and with the advice and consent of the
Senate, appoint two judges for the District Court of the Virgin
Islands, who shall hold office for terms of ten years and until
their successors are chosen and qualified, unless sooner removed by
the President for cause. The judge of the district court who is
senior in continuous service and who otherwise qualifies under
section 136(a) of title 28 shall be the chief judge of the court.
The salary of a judge of the district court shall be at the rate
prescribed for judges of the United States district courts.
Whenever it is made to appear that such an assignment is necessary
for the proper dispatch of the business of the district court, the
chief judge of the Third Judicial Circuit of the United States may
assign a judge of a court of record of the Virgin Islands
established by local law, or a circuit or district judge of the
Third Judicial Circuit, or a recalled senior judge of the District
Court of the Virgin Islands, or the Chief Justice of the United
States may assign any other United States circuit or district judge
with the consent of the judge so assigned and of the chief judge of
his circuit, to serve temporarily as a judge of the District Court
of the Virgin Islands. The compensation of the judges of the
district court and the administrative expenses of the court shall
be paid from appropriations made for the judiciary of the United
States.
(b) Criminal offenses; procedure; definitions; indictment and
information
Where appropriate, the provisions of part II of title 18 and of
title 28 and, notwithstanding the provisions of rule 7(a) and of
rule 54(a) of the Federal Rules of Criminal Procedure relating to
the requirement of indictment and to the prosecution of criminal
offenses in the Virgin Islands by information, respectively, the
rules of practice heretofore or hereafter promulgated and made
effective by the Congress or the Supreme Court of the United States
pursuant to titles 11, 18, and 28 shall apply to the district court
and appeals therefrom: Provided, That the terms "Attorney for the
government" and "United States attorney" as used in the Federal
Rules of Criminal Procedure, shall, when applicable to causes
arising under the income tax laws applicable to the Virgin Islands,
mean the Attorney General of the Virgin Islands or such other
person or persons as may be authorized by the laws of the Virgin
Islands to act therein: Provided further, That in the district
court all criminal prosecutions under the laws of the United
States, under local law under section 1612(c) of this title, and
under the income tax laws applicable to the Virgin Islands may be
had by indictment by grand jury or by information: Provided
further, That an offense which has been investigated by or
presented to a grand jury may be prosecuted by information only by
leave of court or with the consent of the defendant. All criminal
prosecutions arising under local law which are tried in the
district court pursuant to section 1612(b) of this title shall
continue to be had by information, except such as may be required
by the local law to be prosecuted by indictment by grand jury.
(c) United States marshal
The Attorney General shall appoint a United States marshal for
the Virgin Islands, to whose office the provisions of chapter 37 of
title 28 shall apply.
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