Rule 132. Appearance of Attorney General
The Attorney General of the Virgin Islands, or an Assistant Attorney
General, shall conduct all criminal proceedings on behalf of the Government of
the Virgin Islands in the territorial court.--Amended May 28, 1957; May 27,
1965; Oct. 14, 1994, eff. Nov. 16, 1994.
Transfer of duties and functions assigned to United States attorney to
Attorney General, see 3 V.I.C. ' 114(a)(6).
This rule must, in order to harmonize the rule with section 114(a)(2) of
Title 3 of the Virgin Islands Code giving Attorney General exclusive power to
prosecute misdemeanor cases, be narrowly interpreted to mean that in those
cases not specifically provided for in the rule the court may appoint private
prosecutors if the Attorney General fails, but does not refuse, to prosecute,
it being advisable that the prospective prosecutor seek the Attorney General's
permission to prosecute before seeking leave of court, and that where the
Attorney General exercises his discretion not to have the cause prosecuted by
his office or anyone else, the court should not appoint or accept proffered
private prosecution. Tonkin v. Michael, D.C.V.I. 1972, 9 V.I. 172, 349 F. Supp.
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