Rule 302. Special admission
(a) On motion on behalf of their departments or agencies, the V.I.
Attorney General, the U.S. Attorney, the General Counsel of the Territorial
Court, the Chief Legal Counsel of the Legislature of the Virgin Islands, the
Chief Territorial Public Defender, the Federal Public Defender, the Supervising
Attorney of Legal Services, or their authorized legal representatives, an
attorney in good standing of the bar of any court of the United States, or of
the highest court of any state, the District of Columbia, commonwealth,
territory or possession of the U.S., who is not regularly admitted to practice
before the Territorial Court of the Virgin Islands, and who is not under
suspension or disbarment by any court, and who has paid all appropriate
membership dues and licensing fees, may in the discretion of the Court be
Specially Admitted to practice law in the Territorial Court, but only in his
capacity as an employee of the moving department or agency.
(b) Proof of good standing shall be in the form of a current Certificate
of Good Standing bearing the original seal of the highest court of the
jurisdiction in which admitted, which shall accompany the motion. Additionally,
the court may require the submission of such other information as might be
deemed necessary to satisfy itself as to the attorney's fitness to practice
specially before the court. A Certificate of Good Standing from a bar
association is not sufficient for a Special Admission.
(c) An attorney specially admitted under this rule shall at all times be
subject to the direction and control of the moving department or agency, which
shall immediately notify the court of the termination of the attorney's
employment. Upon receipt of said notification, the court shall enter an order
vacating the special admission, provided, however, that the court may also
terminate any special admission for cause or in the interest of justice,
consistent with due process.
(d) An attorney specially admitted shall not hold himself out as a
regular member of the Bar, and must promptly notify the court in writing of the
termination of the employment upon which the special admission was
based.--Added Mar. 30, 1992; amended Oct. 14, 1994, eff. Nov. 16, 1994.
Admission to practice without examination, see 4 V.I.C. ' 441.
Accredited law school
Admission to bar association
Accredited law school
This rule requiring that person seeking admission to Bar be graduated
from an accredited law school is not unreasonable or prejudicial. In re
Saunders, D.C.V.I. 1969, 7 V.I. 132, 295 F. Supp. 263.
Where petitioner for admission to Virgin Islands Bar knowingly pursued a
course of study at a non-accredited law school, court would not waive
requirements of this rule that applicants for admission graduate from an
accredited law school. In re Saunders, D.C.V.I. 1969, 7 V.I. 132, 295 F. Supp.
Admission to bar association
Admission to Territorial Court bar is simultaneously admission to Virgin
Islands bar. In re Application of Moorhead, Terr. Ct. St. T. and St. J. 1992,
27 V.I. 74.
Effective October 1, 1991, Territorial Court has jurisdiction to admit
attorneys to practice before Virgin Islands bar. In re Application of Moorhead,
Terr. Ct. St. T. and St. J. 1992, 27 V.I. 74.
Jurisdiction over local bar admissions is vested in courts established by
local law, and since Appellate Division of District Court and District Court
itself are courts established by federal law, they are incapable of having
jurisdiction over admissions to Virgin Islands bar. In re Application of
Moorhead, Terr. Ct. St. T. and St. J. 1992, 27 V.I. 74.
Since Territorial Court is the only court of the Virgin Islands
established by local law, it is the only legal repository of jurisdiction over
admissions to Virgin Islands bar. In re Application of Moorhead, Terr. Ct. St.
T. and St. J. 1992, 27 V.I. 74.
Provision of this rule requiring an applicant for admission to the Virgin
Islands bar to allege and prove that if admitted he intends to reside, as well
as practice, in the Virgin Islands, does not violate the Equal Protection
Clause or deny the constitutional right to interstate travel. Aronson v.
Ambrose, C.A.3d 1973, 10 V.I. 613, 479 F.2d 75.
If plaintiffs, who brought intentionally sweeping attack on the
qualifications for membership to the bar, were properly denied recommendation
that they be admitted because of their insistence that they did not intend to
become fulltime residents or practitioners, or were properly denied
recommendation on the basis of any other provision which they challenged, they
were without standing to challenge constitutionality of prior residency
requirement. Aronson v. Ambrose, D.C.V.I. 1972, 9 V.I. 254, 366 F. Supp. 37.
Rationality of decision that resident attorneys can more thoroughly
perform their duties than nonresident attorneys, which was the basis for rule
that one applying for admission to the bar must allege intent to reside and
practice in the Virgin Islands, challenged as denying equal protection, was in
no way dependent upon the ease of implementing the decision or upon the fact
that an applicant could easily lie. Aronson v. Ambrose, D.C.V.I. 1972, 9 V.I.
254, 366 F. Supp. 37.
Bar applicant requirement of residence in Virgin Islands for one year
prior to application for admission cannot be fulfilled by mere declaration of
intention to reside therein. Thorstenn v. Barnard, C.A.3d 1987, 842 F.2d 1393,
aff'd, 489 U.S. 546, 109 S. Ct. 1294, 103 L. Ed. 2d 559 (1989).
Main - Table of Contents | Up one level