Judiciary tells Rules Committee it needs judges, staff and stable funding to reduce case backlogs

Regina DeChabbert Peterson, administrator of courts for the Judicial Branch of the United States Virgin Islands, told the Senate Committee on Rules and Judiciary on Feb. 27 that the judiciary faces persistent case backlogs, staffing shortages and cash-flow constraints that limit its ability to carry out court operations.

Peterson said the Superior Court had a pending caseload of 11,666 as of Sept. 30, 2024, and the Supreme Court had 91 appeals pending. "It goes without saying that it is extremely difficult and frustrating to be held to monthly allotments," Peterson said, describing the strain of receiving delayed disbursements from the Department of Finance.

Peterson urged lawmakers to consider changes to territorial law to prevent operational disruptions when judicial terms expire. She outlined draft legislation that would allow incumbent superior court judges to remain in office until reappointed or replaced and would create flexible mechanisms to appoint former judges and limited-term part‑time magistrates to cover dockets during vacancies.

Why it matters

The judiciary is asking the legislature for both statutory changes and budget support to reduce delays that affect criminal and civil cases. Court leaders said the most severe impediments are judicial vacancies, limits on appointing senior sitting judges since enactment of Act 89-19, a shortage of administrative staff, and the need for capital repairs at courthouses damaged in the 2017 storms.

What the court reported

- Staffing and caseloads: The Superior Court has 10 judges (five in each district) and four magistrate judges (two per district). As of Sept. 30, 2024 the Branch reported an overall Superior Court pending caseload of 11,666 cases. The complex litigation division alone has disposed of more than 3,000 mass‑toxic‑tort cases and closed an additional roughly 400 cases recently.

- Filings and clearance rates: For FY 2024 the Branch reported about 11,902 new Superior Court filings (excluding marriage-license applications) and 10,923 dispositions — an overall case‑clearance rate of roughly 92 percent across case types; criminal dispositions rose in FY24 even as new criminal filings were lower in the reporting period.

- Office of Conflict Counsel: Established by prior legislation, OCC began operations in mid‑2023. Peterson told the committee the office has been appointed to 93 matters, closed 23 and is managing roughly 70 active cases.

- Funding and cash flow: The judiciary requested nearly $9.77 million in State and Local Fiscal Recovery funds in late 2022 and was awarded $5.0 million in October 2023. For FY25 the judiciary said allotment release letters issued through February totaled $17.1 million; it has requested $6.4 million in cash draws for FY25 and had received about $4.3 million to date. Peterson said the Branch is approximately $2.0 million behind on cash flows, creating difficulty in encumbering planned projects.

- Capital projects and FEMA: The Branch manages approximately $3.1 million in FEMA recovery grants for courthouse repairs. Peterson said the Branch has requested amendments that would increase the St. Croix project obligation from $1.6 million to $5.6 million (if approved) and to increase another project from $1.5 million to $3.2 million for Saint Thomas. A planned Phase 2 capital request of $4.5 million for the R. H. Amplett/Leader courthouse (roof replacement, courtyard enclosure and a storefront entry) remains in FY26 requests pending a federal consistency decision.

- Case management system and technology: The Branch implemented an enterprise case management system (CMS) and a public portal in 2020 and is now upgrading to a supported version. Peterson described integration challenges and the need for specialized positions (docket clerks, case managers) to realize data‑driven caseflow improvements.

- Senior sitting judges and statutory changes: Peterson said changes enacted by Act 89‑19 narrowed eligibility and circumstances for senior sitting judges, removing a key tool the Branch used for continuity during prolonged vacancies. Peterson recommended statutory amendments that would: (1) allow judges to remain until renomination and confirmation or successor appointment; (2) permit the Chief Justice to recall former justices/judges for temporary service; and (3) authorize up to four part‑time magistrates appointed by the presiding judge, subject to Chief Justice approval.

Committee response and next steps

Committee members pressed Peterson on data, staffing needs and timetables. Senators asked for clearer, data‑driven staffing proposals (including the number of additional magistrates and clerks required) and for material on how many long‑pending civil matters are inactive because of conversions or bankruptcy stays. Peterson said data validation is ongoing and reaffirmed the May 30 statutory deadline for the judiciary’s annual report.

Peterson also asked the Committee for assistance in advancing the draft legislation attached to her testimony. Multiple senators said they would work with the Branch, noting the recurring operational impacts when nominations are delayed and the need for better coordination between the executive and legislative branches on judicial appointments.

Ending

Peterson closed by thanking the committee for the opportunity to give an operational briefing outside the regular budget defense and said the Branch would follow up with requested data. "We remain available to answer questions on matters affecting the judicial branch or the administration of justice in The Virgin Islands," she said.