Breaking

9-Year-Old Boy Dies After Being Shot in Head in Croixville Housing Community; Police Detain 15-Year-Old

Concerned Residents Clean Christiansted Town Using Their Own Tools, Money, and Some Help from the VI Fire Service

Territory May See Veterans Cemetery Through DeGazon-Sponsored Bill

Credit and Debit Cards of WAPA Customers Were Compromised Since August 30th, WAPA Says, Authority to Finally Start Issuing Notification Via Mail and Email

Sports Tourism in VI Gains Momentum as DC United Team is set to Play Exhibition Soccer Game on St. Croix

Carnival Breeze Brings 3,700 Tourists to St. Croix During Maiden Call; Senators, Tourism Officials Want to See More

Limetree Bay Willing To Provide $10 Million To Help Add Life to a Dying G.E.R.S.

American Airlines to Serve St. Croix With New Flights Next Summer

The Sudden Death of Influential Roots Reggae Visionary, Vaughn Benjamin of Midnite Band and Akae Beka, Has Rocked the Virgin Islands and Reggae Community Around the World

Arthur A. Richards K-8 School Hosts Anti-Bullying Campaign

Come Out. Hang Out. Have Fun at The Meat Up, One of St. Thomas’ Latest Hot-Spot for Good Food with Friends and Family.

UVI Board of Trustees Approves $47.1 Million Fiscal Year 2020 Budget; Sets $3 Million Fundraising Goal

Man Dies During Early Morning Car Accident on St. Croix; Driver of Car Arrested (Updated)

'You Did Everything You Could to Prevent this from Happening': An Emotional Goodbye to Young Aaron Benjamin

Back in Business: Cost U Less on St. Thomas Opened its Doors Friday to Thousands of Customers 2 Years after Irma and Maria

Bill Aimed at Regulating Credit Use by Gov't Departments and Agencies Among Others Held in Committee

Juan Luis Hospital Announces Completion and Availability of Mobile Dialysis Facilities

Tractor Trailer With Tank Carrying Thousands Of Gallons of Liquified Gas Flips Near Cool Out Bar; Driver Injured But Alive

Credit and Debit Card Hack Through WAPA Appears to be Widespread in Virgin Islands; WAPA Says Support Services Will be Made Available to Affected Customers

Facing Life in Prison Without Parole, Mother and Boyfriend Plead Not Guilty in Murder of 4-Year-Old Boy

Basil Ottley To Remain On Ballot, Superior Court Rules

Breaking News / Featured / News / Politics / Virgin Islands / November 2, 2014

The Superior Court of the Virgin Islands ruled on Friday that Donna Christensen’s running mate, Basil Ottley, will remain on the Nov. 4 ballot as a candidate for Lieutenant Governor of the Virgin Islands. Full opinion here.

In her nine-page ruling, Superior Court Judge Denise M. Francois opined that, “Haynes does not adequately support his contention that this Court has jurisdiction under 28 U.S.C. § 1331, the Revised Organic Act of 1954, or any other jurisdictional grounds raised during oral argument.”

Francois went on to say say that the Superior Court does not have adequate jurisdiction to deal with a situation that falls under federal law.

“In his Complaint, Haynes asserts that ‘“this Court has jurisdiction pursuant to 28 U.S.C. § 1331 and the Revised Organic Act of 1954 as Amended.”’ However, neither source of law establishes this Court’s jurisdiction,” Francois opined. “First, section 1331 of Title 28 of the United States Code is a federal statute that expressly vests federal question jurisdiction in district courts; not state courts. Specifically, 28 U.S.C. § 1331 states that, “[t]he district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.” This statute does not apply here. Second, Haynes asserts that jurisdiction for this Court is derived from section ll of the Revised Organic Act, which is the underlying statute that Haynes relies upon in seeking preliminary and permanent injunction against Ottley, and the other Defendants. But this, too, does not establish this Court’s jurisdiction.”

Francois added in her opinion that Virgin Islands citizen, Allen Haynes, Sr. lacked private cause of action under Section 11 of the Revised Organic Act of 1954, and drew example with a similar case handled by the Supreme Court of the United States.

“In Alexander v. Sandoval, the Supreme Court of the United States established a test that courts must use to determine whether a statute expressly or impliedly creates a private right of action,” Francois wrote.

The relevant inquiry involves two steps. First, the text and structure of the statute must be examined to determine whether the legislature intended to create a private right. Second, the text, structure, and legislative history of the statute must be examined to determine whether the legislature intended to create a private remedy. — U.S. Supreme Court.

Francois added: “An affirmative answer to both inquiries will allow the court to hold that there is an express or implied private right of action that exists under the statute. As the District Court of the Virgin Islands stated in its application of Sandoval, “[w]ithout [a showing of statutory intent to create a private right and a private remedy], a cause of action does not exist and courts may not create one, no matter how desirable that might be as a policy matter, or how compatible with the statute.”

In addition, Francois opined that because Haynes failed to file the complaint against Ottley five or less days before Ottley’s candidacy was approved by the Supervisor of Elections Caroline Fawkes, in according with 18 V.I.C. § 412, made his complaint of no effect.

On Oct.  24, attorneys in St. Thomas who represent Haynes in a lawsuit that seeks to disqualify Ottley from running as the lieutenant governor candidate with Christensen, filed a motion in the Superior Court to remove Ottley from the Nov. 4 ballot.

Donnie King, one of the two attorneys representing Haynes, told the VI Consortium they had filed a preliminary and permanent injunction in the Superior Court on Friday seeking the removal of Ottley from the position of lieutenant governor candidate with Donna Christensen on the basis that Ottley did not meet the necessary requirements, as mandated by Section 11 of the Revised Organic Act of the Virgin Islands, which requires that anyone seeking office must be a resident of the Virgin Islands for five years.

The Basil Ottley Back Story

King said in 2008, Ottley was working in the Virgin Islands Legislature, but resigned that year to take up a position at the Department of Interior on the mainland. That job required him to move to Washington, D.C. in order to work. King said Ottley resided in the District of Columbia for two years and filed taxes in Maryland, where he also received a driver’s license.

King further pointed out that Ottley would have had to give up his Virgin Islands driver’s license in order to receive one issued by the state of Maryland; however, because the Court would not allow Ottley to testify in his defense, it was unknown if indeed the lieutenant gubernatorial candidate gave up his Virgin Islands driver’s license.

Ottley has maintained he has never voted anywhere outside the Virgin Islands, no matter how frequent or how long he has been away. However, King says where a person votes is not a requirement of Section 11 of the Revised Organic Act; the issue at hand is that, King contends, Ottley filed taxes in the state of Maryland, which would deem him ineligible to run for political office in the U. S. Virgin Islands in 2014.

Ottley, in a recent interview with VI Consortium, said those who were challenging his eligibility to run for office were “grasping at straws.”

“People have said, ‘Oh, you were not here’ and all of that type of stuff, but what they keep missing is what establishes your bona fide residency in this situation, is where you vote. I think it’s title 3 Chapter 13, Section 201 — and I can get the Code wrong, but there’s a particular section of the VI Code that speaks to people who are employees of the Virgin Islands, or employees of the federal government who, because of their employment, they were required to leave. The Code says as long as these folks maintain their bona fide residency in the Virgin Islands by not voting in any other place, they are legally accepted as bona fide residents of the Virgin Islands,” Ottley said.

 

Video Credit: Kendall Jones


Tags:



Ernice Gilbert
I wear many hats, I suppose, but the one which fits me best would be journalism, second to that would be radio personality, thirdly singer/songwriter and down the line. I've been the Editor-In-Chief at my videogames website, Gamesthirst, for over 5 years, writing over 7,000 articles and more than 2 million words. I'm also very passionate about where I live, the United States Virgin Islands, and I'm intent on making it a better place by being resourceful and keeping our leaders honest. VI Consortium was birthed out of said desire, hopefully my efforts bear fruit. Reach me at [email protected]




Previous Post

Superior Court Rules Against Mapp; Supreme Court Appeal Coming Monday

Next Post

In Memoriam: Pedro LeGrand





You might also like

Leave a Reply


More Story

Superior Court Rules Against Mapp; Supreme Court Appeal Coming Monday

The Superior Court of the Virgin Islands in St. Thomas Saturday ruled against Kenneth Mapp in the gubernatorial candidate's...

November 2, 2014