ST. CROIX — The Virgin Islands Supreme Court has proposed an amendment to its rules to allow retired justices to be designated as senior justices for an initial two-year term that could then be renewed annually by order of the chief justice, according to an April 7 order of the court.
A Supreme Court justice eligible for retirement, other than by disability, who has obtained prior consent of a majority of the active justices may elect to retire and be designated a senior justice, according to proposed Rule 104.7.
The proposed rule is included in the court’s April 7 order, which was signed by all four justices — Chief Justice Rhys Hodge and Associate Justices Ive Arlington Swan, Maria Cabret, and Harold Willocks.
Subject to the approval of the chief justice, a senior justice who consents to provide substantial judicial service (a workload equivalent to at least 35% of that of the average active justice) to the Judicial Branch of the Virgin Islands may be entitled to maintain a chambers in a Supreme Court building or other appropriate judicial branch facility and be provided appropriate support staff.
An eligible senior justice may continuously maintain such chambers and support staff even during periods where the senior justice’s actual workload falls beneath the threshold, subject to the approval of the chief justice and so long as the senior justice continues to consent to the assignment of additional cases up to that threshold. The chief justice may reassign support staff to assist other judicial officers as needed. A senior justice who retires shall be paid a per diem salary based on the current hourly salary of an active justice, not to exceed 40 hours per week.
The reason for having senior justices would be to assist and share the workload of sitting justices at no additional salary, according to Regina Petersen, administrator of courts. She wrote in an email response to WTJX that Act No. 6687, which established the Supreme Court, specifically provided for senior justices and required the Supreme Court to promulgate rules to implement the provision.
The chief justice would assign an available senior justice to hear a case prior to appointing a current or retired judicial officer pursuant to Supreme Court Rule 104.2. A senior justice may participate in any vote to hear or rehear a case en banc, or by the entire bench of the court rather than a panel of judges. One or more senior justices may serve on any en banc panel if such participation would not cause the number of justices to exceed five.
The support staff for a senior justice would work full time, according to Petersen. She wrote that the support staff would likely be staff already employed by the Supreme Court who would be shared with the senior justice as needed, including a law clerk and a secretary. She noted that sitting justices on the other hand have one secretary and three law clerks in addition to an assigned marshal. Petersen clarified that the starting salary for appellate law clerks is $69,618, and they are hired for one-year contracts that may be renewed. She noted rare instances where a senior judicial secretary might exceed this salary.
A senior justice shall not engage in the private practice of law while designated as senior justice, even during periods when no cases are assigned. The senior justice must notify the chief justice promptly upon resuming the private practice of law.
While Willocks joined the VI Supreme Court in November 2024, the terms of the three original justices — Hodge, Swan, and Cabret — will all expire on December 20, 2026, and no justice has so far indicated planned earlier retirement, according to Petersen. She noted no justice has requested the Supreme Court for appointment to senior justice status. Hodge, Swan, and Cabret are serving in their second term of 10 years since the creation of the VI Supreme Court in 2006.
The April 7 order was circulated to all members of the Virgin Islands Bar Association and has been posted on the website of the Judicial Branch of the Virgin Islands under “promulgation orders,” according to Petersen. She noted all comments received will be reviewed by the court. If edits to the proposed rule are required as a result of the comments, she noted an order would be issued to amend the rule accordingly.
The proposed amendment to the Supreme Court rules will take effect on May 1 unless modified as a result of submitted comments.
