Superior Court of the Virgin Islands
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Rules Governing the
Superior Court of the Virgin Islands

Rule 301. Pro Hac Vice admission

(a) An attorney not regularly or specially admitted to practice law in the Virgin Islands, and

(1) who is currently in good standing as an active member of the bar of any state or territory of the United States or of any foreign country;

(2) who has not suffered any disbarment or suspension of his or her license to practice in any jurisdiction;

(3) who has been retained or requested to represent any party in any legal matter in the Virgin Islands; and

(4) who has paid all appropriate membership dues and licensing fees may, in the discretion of the judge before whom a particular litigation has been assigned or is pending and on motion of a regularly admitted attorney of record in such litigation, be admitted pro hac vice to participate in that legal matter only. An attorney admitted pro hac vice shall be bound by the grievance procedures established for the Virgin Islands Bar and shall be subject to the disciplinary and contempt jurisdiction of this Court in the course of his practice during his pro hac vice admission whether such disciplinary action is taken before or after termination or revocation of his admission pro hac vice. No attorney or law firm may appear pro hac vice in more than a total of three causes. The regularly admitted attorney of record shall be accountable to the Territorial Court for the timely prosecution of such causes and compliance with all applicable rules. Extended practice on a pro hac vice basis is hereby expressly prohibited and any attorney desirous of undertaking more than three (3) total appearances shall seek regular admission to the Bar in order to share the burdens of local practice.

(b) The motion for pro hac vice admission shall be accompanied by the Pro Hac Vice Questionnaire, supplied by the Clerk of the Court, which shall be completed by the applicant and served on counsel for all parties in the case with appropriate certificate(s) of service attached.

(c) All pleadings filed by an attorney admitted pro hac vice shall be signed by local counsel and failure to do so shall result in the pleading being rejected.--Added Mar. 30, 1992; amended Oct. 14, 1994, eff. Nov. 16, 1994; Oct. 12, 1995.

Case Notes

Admission pro hac vice

Imposition of dues and fees

Integration of bar

Political activities of association

Social activities of association

Admission pro hac vice

Attorney in Territorial Court misrepresentation proceeding was considered admitted pro hac vice,where attorney was so admitted in several cases pending before jurisdiction's District Court involving same parties and issues, and Territorial Court rule governing admission had language similar to District Court's corresponding rule. O'Neale's Transport, Inc. v. Marshall & Sterling, Inc., Terr. Ct. St. C. 1994, 29 V.I. 23.

Imposition of dues and fees

Imposition of mandatory bar dues and a licensing fee in order to practice law in the Virgin Islands was not an impermissible double tax, since the fees were imposed for separate uses and did not involve assessment of taxation twice on the same gain or imposition of taxes by two separate sovereigns. Virgin Islands Bar Association v. Government of the Virgin Islands, D.C.V.I. 1986, 648 F. Supp. 170, modified on other grounds, C.A.3d 1988, 857 F.2d 163.

Integration of bar

Given the judiciary's inherent power to regulate and supervise attorneys within its jurisdiction, lack of legislative input did not render integration of the bar by judicial action defective. Hollar v. Government of the Virgin Islands, C.A.3d 1988, 857 F.2d 163.

District court, as the highest court of the jurisdiction, had inherent power to order integration of the bar without legislative input. Virgin Islands Bar Association v. Government of the Virgin Islands, D.C.V.I. 1986, 648 F. Supp. 170, modified on other grounds, C.A.3d 1988, 857 F.2d 163.

Political activities of association

Where attorneys were required to pay dues to Bar Association in order to practice law in the Virgin Islands, association's taking public position on candidate for appointment as United States Attorney for the Virgin Islands was ultra vires; by-laws of association did not specifically authorize taking such position nor was it an act reasonably related to objectives of the organization, particularly given the political overtones of such an action. Hollar v. Government of the Virgin Islands, C.A.3d 1988, 857 F.2d 163.

Social activities of association

Social activities of Bar Association, which were largely supported by the persons attending, properly served the function of enhancing interaction and sharing of knowledge among members, and did not violate First Amendment right of free association of attorneys required to pay dues to the association in order to practice law in the Virgin Islands. Virgin Islands Bar Association v. Government of the Virgin Islands, D.C.V.I. 1986, 648 F. Supp. 170, modified on other grounds, C.A.3d 1988, 857 F.2d 163.

Social activities of Bar Associations did not impermissibly infringe on First Amendment right to religious freedom of member whose religion prohibited her from taking part in some of the activities; the fact that most of the activities were largely supported by the persons attending and cost non-participating members little or nothing reduced the extent to which she was forced to support activities in which she could not participate in order to practice law in Virgin Islands. Virgin Islands Bar Association v. Government of the Virgin Islands, D.C.V.I. 1986, 648 F. Supp. 170, modified on other grounds, C.A.3d 1988, 857 F.2d 163.

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