Case Caption: Adelbert M. Bryan v. Caroline F. Fawkes, in her Official Capacity as Supervisor of Elections and V.I. Joint Board of Elections,Case Number: S. Ct. Civ. No. 2014-0066Date: 10/24/2014Author: Hodge, Rhys S. Citation: Summary:

In proceedings relating to the Superior Court's August 29, 2014 order implementing this Court's August 28, 2014 opinion disqualifying Alicia “Chucky” Hansen from the general election ballot for membership in the 31st Legislature, including an application to hold the Supervisor of Elections-Carolyn Fawkes-in contempt for her failure to comply with that order, the federal District Court lacked subject matter jurisdiction to enter a temporary restraining order and permanent injunction interfering with the in rem proceeding that remained actively litigated in the Virgin Islands local court system. Such District Court orders are therefore void, and conflicts between that court and the local Virgin Islands courts on issues of Virgin Islands law must necessarily be resolved in favor of the local courts. This Court's August 28, 2014 opinion and the Superior Court's August 29, 2014 order remain valid, and the portion of the Superior Court's October 10, 2014 order that denied the motion to enforce them is reversed. Fawkes is ordered to immediately recall all general election ballots for the November 4, 2014 general election with Hansen's name and replace them with ballots omitting her as a candidate, or to otherwise remove Hansen's name from the ballot, such as by covering her name with a sticker. The case is remanded to the Superior Court with directions to make the factual findings and legal conclusions necessary to determine whether Fawkes should be held in contempt or otherwise sanctioned for her non-compliance with the prior orders of this Court and the Superior Court.

Attachment: Open Document or Opinion