Title 48 — Territories and Insular Possessions
Chapter 12 — Virgin Islands [1954]
§ 1617. United States attorney; appointment; duties
Statutory text
The President shall, by and with the advice and consent of the Senate, appoint a United States attorney for the Virgin Islands to whose office the provisions of chapter 35 of title 28, shall apply. Except as otherwise provided by law it shall be the duty of the United States attorney to prosecute all offenses against the United States and to conduct all legal proceedings, civil and criminal, to which the Government of the United States is a party in the district court and in the courts established by local law. He shall also prosecute in the district court in the name of the government of the Virgin Islands all offenses against the laws of the Virgin Islands which are cognizable by that court unless, at his request or with his consent, the prosecution of any such case is conducted by the attorney general of the Virgin Islands. The United States attorney may, when requested by the Governor or the attorney general of the Virgin Islands, conduct any other legal proceedings to which the government of the Virgin Islands is a party in the district court or the courts established by local law.
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 § 27 · 68 Stat. 587
Enacted · 48 U.S.C. § 1617
July 22, 1954, ch. 558, § 27, 68 Stat. 507
Source evidence
Code source credit
July 22, 1954, ch. 558, § 27, 68 Stat. 507Pub. L. 85–851 § 9 · 72 Stat. 1094
Substituted · 48 U.S.C. § 1617
Pub. L. 85–851 substituted “United States attorney” for “district attorney” wherever appearing
Source evidence
Code amendment note
Pub. L. 85–851 substituted “United States attorney” for “district attorney” wherever appearing.Enacted provision · exact public law section
Sec. 9. Wherever the term “district attorney” appears in the seventh 48 USC 1617. and eighth sentences of section 27 of said Act the following term shall be substituted: “United States attorney”.Virgin Islands Organic Act Amendments of 1959
Pub. L. 86–289 § 4 · 73 Stat. 568
Substituted · 48 U.S.C. § 1617
Pub. L. 86–289 substituted provisions making chapter 31 of title 28 applicable to United States attorney and by provisions specifying his duties, for provisions which prescribed his term of office and provided for his compensation, provided for appointment and compensation of his assistant and employees, and provided that he or his assistant conduct all legal proceedings in which the United States Government or the government of the Virgin Islands is a party in the District Court and inferior courts
Source evidence
Code amendment note
Pub. L. 86–289 substituted provisions making chapter 31 of title 28 applicable to United States attorney and by provisions specifying his duties, for provisions which prescribed his term of office and provided for his compensation, provided for appointment and compensation of his assistant and employees, and provided that he or his assistant conduct all legal proceedings in which the United States Government or the government of the Virgin Islands is a party in the District Court and inferior courts.Enacted provision · exact public law section
Sec. 4. Section 27 of the Revised Organic Act of the Virgin Islands (48 U.S.C. 1617) is amended to read as follows: “Sec. 27. The President shall, by and with the advice and consent U. S. attorney. Appointment. of the Senate, appoint a United States attorney for the Virgin Islands to whose office the provisions of chapter 31 of title 28, United States 62 Stat. 909. 28 USC 501. Code, shall apply, except that the Attorney General shall not appoint more than one assistant United States attorney for the Virgin Islands. Except as otherwise provided by law it shall be the duty of the United States attorney to prosecute all offenses against the United States and to conduct all legal proceedings, civil and criminal, to which the Government of the United States is a party in the district court and in the inferior courts of the Virgin Islands. He shall also prosecute in the district court in the name of the government of the Virgin Islands all offenses against the laws of the Virgin Islands which are cognizable by that court unless, at his request or with his consent, the prosecution of any such case is conducted by the attorney general of the Virgin Islands. The United States attorney may, when requested by the Governor or the attorney general of the Virgin Islands, conduct any other legal proceedings to which the government of the Virgin Islands is a party in the district court or the inferior courts of the Virgin Islands. In the case of a vacancy in the office of United States attorney, the District Court of the Virgin Islands may appoint a United States attorney to serve until the vacancy is filled. The order of appointment by the court shall be filed with the clerk of the court.”Pub. L. 92–24 · 85 Stat. 76
Substituted · 48 U.S.C. § 1617
Pub. L. 92–24 substituted “chapter 35” for “chapter 31”
Struck · 48 U.S.C. § 1617
Pub. L. 92–24 struck out “except that the Attorney General shall not appoint more than one assistant United States attorney for the Virgin Islands” after “shall apply”
Source evidence
Code amendment note
Pub. L. 92–24 substituted “chapter 35” for “chapter 31” and struck out “except that the Attorney General shall not appoint more than one assistant United States attorney for the Virgin Islands” after “shall apply”.Pub. L. 98–454 title VII § 708 · 98 Stat. 1732
Substituted · 48 U.S.C. § 1617
Pub. L. 98–454 substituted “courts established by local law” for “inferior courts of the Virgin Islands” wherever appearing
Struck · 48 U.S.C. § 1617
Pub. L. 98–454 struck out provisions relating to vacancies in the office of United States attorney for the Virgin Islands
Source evidence
Code amendment note
Pub. L. 98–454 substituted “courts established by local law” for “inferior courts of the Virgin Islands” wherever appearing and struck out provisions relating to vacancies in the office of United States attorney for the Virgin Islands.Enacted provision · exact public law section
Sec. 708. Section 27 of the Revised Organic Act of the Virgin Islands (68 Stat. 507; 48 U.S.C. 1617) is amended by substituting the words “courts established by local law” for “inferior courts of the Virgin Islands” wherever they appear, and by deleting the last two sentencesEffective date note
Amendment by Pub. L. 98–454 effective on ninetieth day following Oct. 5, 1984, see section 1005 of Pub. L. 98–454, set out as a note under section 1424 of this title.
4 of 7 references resolved to an enrolled provision · 3 partial
Editorial Notes
Amendments1958–1984 · 4 rounds
1984
Pub. L. 98–454 substituted “courts established by local law” for “inferior courts of the Virgin Islands” wherever appearing and struck out provisions relating to vacancies in the office of United States attorney for the Virgin Islands.
1971
Pub. L. 92–24 substituted “chapter 35” for “chapter 31” and struck out “except that the Attorney General shall not appoint more than one assistant United States attorney for the Virgin Islands” after “shall apply”.
1959
Pub. L. 86–289 substituted provisions making chapter 31 of title 28 applicable to United States attorney and by provisions specifying his duties, for provisions which prescribed his term of office and provided for his compensation, provided for appointment and compensation of his assistant and employees, and provided that he or his assistant conduct all legal proceedings in which the United States Government or the government of the Virgin Islands is a party in the District Court and inferior courts.
1958
Pub. L. 85–851 substituted “United States attorney” for “district attorney” wherever appearing.
Statutory Notes and Related Subsidiaries
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
1954–1984 · 5 acts
- 1954July 22, 1954, ch. 558, § 27, 68 Stat. 507
- 1958Pub. L. 85–851, § 9, , 72 Stat. 1095
- 1959Pub. L. 86–289, § 4, , 73 Stat. 569
- 1971Pub. L. 92–24, , 85 Stat. 76
- 1984Pub. L. 98–454, title VII, § 708, , 98 Stat. 1741.
Show as published
(July 22, 1954, ch. 558, § 27, 68 Stat. 507; Pub. L. 85–851, § 9, , 72 Stat. 1095; Pub. L. 86–289, § 4, , 73 Stat. 569; Pub. L. 92–24, , 85 Stat. 76; Pub. L. 98–454, title VII, § 708, , 98 Stat. 1741.)