Title 48 — Territories and Insular Possessions
Chapter 12 — Virgin Islands [1954]
§ 1613. Relations between courts of United States and courts of Virgin Islands; review by United States Court of Appeals for Third Circuit; reports to Congress; rules
Statutory text
The relations between the courts established by the Constitution or laws of the United States and the courts established by local law with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of the United States, and the courts of the several States in such matters and proceedings.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 83–558 § 23 · 68 Stat. 587
Enacted · 48 U.S.C. § 1613
July 22, 1954, ch. 558, § 23, 68 Stat. 506
Source evidence
Code source credit
July 22, 1954, ch. 558, § 23, 68 Stat. 506Pub. L. 98–454 title VII § 704 · 98 Stat. 1732
Amended · 48 U.S.C. § 1613
Pub. L. 98–454 amended section generally
Substituted · 48 U.S.C. § 1613
Pub. L. 98–454 substituting provisions relating to the relations between local law courts and already established courts under the Constitution or laws of the United States with respect to appeals, certiorari, etc. and providing that the Court of Appeals for the Third Circuit shall have jurisdiction to review all final decisions from the highest court of the Virgin Islands for fifteen years after the appellate court is established for former provisions relating to the jurisdiction of inferior courts, transfer of actions, status as committing court, bail and rules
Source evidence
Code amendment note
Pub. L. 98–454 amended section generally, substituting provisions relating to the relations between local law courts and already established courts under the Constitution or laws of the United States with respect to appeals, certiorari, etc. and providing that the Court of Appeals for the Third Circuit shall have jurisdiction to review all final decisions from the highest court of the Virgin Islands for fifteen years after the appellate court is established for former provisions relating to the jurisdiction of inferior courts, transfer of actions, status as committing court, bail and rules.Enacted provision · exact public law section
Sec. 704. Section 23 of the Revised Organic Act of the Virgin Courts, U.S. Islands (68 Stat. 506; 48 U.S.C. 1613) is ended toam read as follows: “Sec. 23. The relations between the courts established by the Constitution or laws of the United States and the courts established by local law with respect to appeals, certiorari, removal of causes, the issuance of writs of habeas corpus, and other matters or proceedings shall be governed by the laws of the United States pertaining to the relations between the courts of the United States, including the Supreme Court of Ante, p. 1737. the United States, and the courts of the several States in such matters and proceedings: Provided, That for the first fifteen years following the establishment of the appellate court authorized by section 21(a) of this Act, the United States Court of Appeals for the Third Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands from which a decision could be had. The Judicial Council of Reports. the Third Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Interior and Insular Affairs of the House of Representatives at intervals of five years following the establishment of such appellate court as to whether it has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all such final decisions. The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this section.”.Pub. L. 103–437 § 17(a)(4) · 108 Stat. 4581
Substituted · 48 U.S.C. § 1613
Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”
Source evidence
Code amendment note
Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.Enacted provision · exact public law section
(4) section 23 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613).Pub. L. 112–226 § 1 · 126 Stat. 1606
Substituted · 48 U.S.C. § 1613
Pub. L. 112–226 substituted a period for “: Provided, That for the first fifteen years following the establishment of the appellate court authorized by section 1611(a) of this title, the United States Court of Appeals for the Third Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands from which a decision could be had. The Judicial Council of the Third Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives at intervals of five years following the establishment of such appellate court as to whether it has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all such final decisions. The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this section.” at end
Source evidence
Code amendment note
Pub. L. 112–226 substituted a period for “: Provided, That for the first fifteen years following the establishment of the appellate court authorized by section 1611(a) of this title, the United States Court of Appeals for the Third Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands from which a decision could be had. The Judicial Council of the Third Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives at intervals of five years following the establishment of such appellate court as to whether it has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all such final decisions. The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this section.” at end.Enacted provision · exact public law section
SECTION 1. DIRECT REVIEW BY U.S. SUPREME COURT OF DECISIONS OF VIRGIN ISLANDS SUPREME COURT. Section 23 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1613) is amended by striking “: Provided, That” and all that follows through the end and inserting a period.Effective date note
Amendment by Pub. L. 112–226 applicable to cases commenced on or after Dec. 28, 2012, see section 3 of Pub. L. 112–226, set out as an Effective Date note under section 1260 of Title 28, Judiciary and Judicial Procedure.
4 of 5 references resolved to an enrolled provision · 1 partial
Editorial Notes
Amendments1984–2012 · 3 rounds
2012
Pub. L. 112–226 substituted a period for “: Provided, That for the first fifteen years following the establishment of the appellate court authorized by section 1611(a) of this title, the United States Court of Appeals for the Third Circuit shall have jurisdiction to review by writ of certiorari all final decisions of the highest court of the Virgin Islands from which a decision could be had. The Judicial Council of the Third Circuit shall submit reports to the Committee on Energy and Natural Resources of the Senate and the Committee on Natural Resources of the House of Representatives at intervals of five years following the establishment of such appellate court as to whether it has developed sufficient institutional traditions to justify direct review by the Supreme Court of the United States from all such final decisions. The United States Court of Appeals for the Third Circuit shall have jurisdiction to promulgate rules necessary to carry out the provisions of this section.” at end.
1994
Pub. L. 103–437 substituted “Natural Resources” for “Interior and Insular Affairs” before “of the House”.
1984
Pub. L. 98–454 amended section generally, substituting provisions relating to the relations between local law courts and already established courts under the Constitution or laws of the United States with respect to appeals, certiorari, etc. and providing that the Court of Appeals for the Third Circuit shall have jurisdiction to review all final decisions from the highest court of the Virgin Islands for fifteen years after the appellate court is established for former provisions relating to the jurisdiction of inferior courts, transfer of actions, status as committing court, bail and rules.
Statutory Notes and Related Subsidiaries
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–226 applicable to cases commenced on or after , see section 3 of Pub. L. 112–226, set out as an Effective Date note under section 1260 of Title 28, Judiciary and Judicial Procedure.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98–454 effective on ninetieth day following , see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title.
Credits
1954–2012 · 4 acts
- 1954July 22, 1954, ch. 558, § 23, 68 Stat. 506
- 1984Pub. L. 98–454, title VII, § 704, , 98 Stat. 1739
- 1994Pub. L. 103–437, § 17(a)(4), , 108 Stat. 4595
- 2012Pub. L. 112–226, § 1, , 126 Stat. 1606.
Show as published
(July 22, 1954, ch. 558, § 23, 68 Stat. 506; Pub. L. 98–454, title VII, § 704, , 98 Stat. 1739; Pub. L. 103–437, § 17(a)(4), , 108 Stat. 4595; Pub. L. 112–226, § 1, , 126 Stat. 1606.)