Virgin Islands Bar Association

The duty of the Litigation Committee is to file amicus curiae briefs and otherwise represent the Virgin Islands Bar Association in appropriate cases in the courts of the Virgin Islands and elsewhere.  Because the Virgin Islands Bar Association is an integrated (mandatory) Bar, there are legal constraints on what litigation it may ethically participate in. See Keller v. State Bar of California, 496 U.S. 1 (1990).  Therefore, the Litigation Committee will only appear on behalf of the Virgin Islands Bar Association in cases that impact the administration of justice or fundamental rights, and even then only with authorization of the Board of Governors.

So far during the 2017-18 Bar Year, the Litigation Committee has participated in the following matters:

• Vooys v. Bentley (3d Cir.) – The Litigation Committee, with Dwyer Arce, Esq. serving as lead counsel with the assistance of J. Russell Pate, Esq. and Edward Barry Esq., filed an amicus curiae brief in support of overturning the Bason decision, which held that the United States Court of Appeals for the Third Circuit may continue to exercise certiorari jurisdiction over the Supreme Court of the Virgin Islands.  The Third Circuit permitted Attorney Arce to participate in oral argument before the panel in December 2017, and after argument made the extraordinary decision to not issue a panel opinion but instead refer the matter to the en banc Third Circuit.  Attorney Arce participated in oral argument before the en banc Third Circuit in February 2018, and the Bar Association eagerly awaits the decision in the matter.  Frett v. People (3d Cir.) – The Litigation Committee, with Dwyer Arce, Esq. serving as lead counsel with the assistance of J. Russell Pate, Esq. and Edward Barry Esq., filed an amicus curiae brief in support of overturning the Bason decision.  The Third Circuit held the matter in abeyance prior to oral argument after granting an en banc hearing in Vooys.

• Segovia v. United States (SCOTUS) – The Litigation Committee, with Dwyer Arce, Esq. serving as lead counsel with the assistance of J. Russell Pate, Esq. and Edward Barry Esq., filed an amicus curiae brief in support of the petitioners, who seek certiorari to review a decision of the United States Court of Appeals for the Seventh Circuit which rejected a challenge to the federal Uniformed and Overseas Voter Empowerment Act (UOCAVA) and the Illinois Military and Overseas Voter Empowerment (MOVE) law, which had been interpreted to deny former residents of Illinois who had moved to Guam, Puerto Rico, and the Virgin Islands from voting for President.  Shortly after the Bar Association filed its amicus curiae brief, the Supreme Court of the United States ordered that the respondents file an answer to the certiorari petition. It is likely that the Supreme Court of the United States will consider the certiorari petition at its first conference after returning from its summer recess.

• Unauthorized Practice of Law – The Litigation Committee, with Edward Barry, Esq. serving as lead counsel with the assistance of J. Russell Pate, Esq., has been tasked with investigating an unauthorized practice of law complaint, to determine whether the Bar Association should seek an injunction in accordance with title 4, section 443 of the Virgin Islands Code.  The matter is currently in active settlement negotiations with the respondent.  The Litigation Committee has coordinated with the Office of Disciplinary Counsel with respect to all aspects of this matter.