ST. CROIX — Superior Court Judge Alphonso Andrews Jr. swore in the last two members elected to the Virgin Islands Board of Elections from the St. Croix District during a brief ceremony today in his courtroom.
All the members elected to the board last November took their oaths of office on Monday, January 6 except Cleopatra Peter and Michael Joseph, both of whom are now official board members following today’s ceremony.
Peter declined to participate in the initial swearing-in ceremony since it was held on Three Kings Day, questioning the legality of taking her oath on an official holiday after reading a section of the Virgin Islands Code. Joseph was unable to attend the initial ceremony.
READ MORE: “Boards of Education and Elections members get sworn in; Cleopatra Peter declines oath on Monday”
Before administering the oath, Andrews discussed a letter from Peter dated January 3 he did not receive until January 7, a day after the initial swearing-in ceremony. He said Peter requested clarification on the legality of the ceremony he held on January 6 in light of two sections of the elections law — 3(b) and 41(c) — found in Title 18 of the Virgin Islands Code. Section 3(b) references duties performed by individuals under Title 18 on Sundays or legal holidays, while Section 41(c) relates to the term of office for Board of Elections members.
Andrews said Section 41(c) requires that the swearing in of board members must occur on the first Monday after the first day of January following the election. He said the swearing in could never occur on January 1 because that date would not be the first Monday after the first day of the month.
“Other than that, the statute says nothing about swearing in or not swearing in on any other day,” he said. “Contrary, it says it must occur on that first Monday, which this year was January 6.”
After reading Section 3(b), Andrews said the language prohibits someone from claiming that they do not have to perform their duties because the day happens to be a Sunday or a legal holiday. He said the language clarifies that working on a Sunday or holiday is legal.
“In effect, it says the complete opposite of what Miss Peter was suggesting,” he said.
As a result of Peter’s misinterpretation, Andrews said aspersions were placed on the court when social commentary erupted. He noted the feedback from individuals included claims that “the Virgin Islands is lawless,” “people can’t do nothing right,” and “judges interpret the law how they see fit and not as they should.” He said it was unfortunate because the court was put in a bad light for no reason.
“This could have been avoided by simply seeking appropriate legal advice,” Andrews said.
After clarifying that the January 6 ceremony was legal, Andrews asked Peter to apologize to the court for what he deemed was “reckless conduct” that led to the unjustified public criticism of the judiciary following her misinterpretation of the law.
Peter, while speaking from the podium in the courtroom, reiterated that she brought up the two sections of the law on January 6 to ask the court if it would be lawful for her to take the oath on a holiday. She reminded the judge that he indicated to her that was how she interpreted the law.
“If I’m going to interpret the law, I don’t want to do something that violates the law, and that’s why I did not raise my hand,” Peter said. “So, if I misinterpreted the law and you verified the law now how it is, I apologize.”
While Andrews clarified the law as it relates to administering the oath for members of the Board of Elections, Joseph said he will be seeking a legal analysis to determine whether the 14-member board is legally constituted since two of its members — Atanya Springette and Lawrence Boschulte — are married. While Springette is a current board member, Boschulte was elected to the board last November after previously serving as a member.
Joseph said he plans to move a motion calling for a legal analysis during the board’s meeting set for Friday, during which the members will elect officers. He said Springette and Boschulte would have an automatic second from each other to any motions they offer.
“I think that could bring problems,” he said.
Joseph, an attorney, said married couples cannot testify against each other under Virgin Islands law, noting the potential to obstruct the board’s investigation into violations of election laws.
“All I know is they are immune from giving testimony in an allegation of impropriety,” he said. “I find that to be a conflict.”
