VIRGIN ISLANDS SUPERIOR COURT DIFFERENTIATED CASE MANAGEMENT PLAN

• Jurisdiction: United States

VIRGIN ISLANDS SUPERIOR COURT DIFFERENTIATED CASE MANAGEMENT PLAN

Originally Effective: July 10, 2013

(Super. Ct. Misc. No. 47/2013 [STT])

IN RE: ADOPTION OF DIFFERENTIATED CASE MANAGEMENT SYSTEM FOR THE SUPERIOR COURT OF THE VIRGIN ISLANDS

Super. Ct. Misc. No. 47/2013 (STT)

ORDER

WHEREAS, the Superior Court is in the process of updating and modernizing its case management system; and

WHEREAS, the Superior Court of the Virgin Islands recognizes that a major challenge facing our nation's justice system is the delay in the administration of justice; and

WHEREAS, the Superior Court in conjunction with the development of its case management system is also engaged in ongoing review of its policies and procedures relative to improving the efficiency of its operations and the more timely disposition of matters within its jurisdiction; and

WHEREAS, the Superior Court of the Virgin Islands recognizes that the nation's challenge of delay in the administration of justice is similarly reflected in our trial court; and

WHEREAS, the Superior Court, in an effort to address the challenge of delay in the administration of justice within the trial court, has established the Mission Statement contained in its Order Misc. 39-2013 entered April 23, 2012; and

WHEREAS, the Superior Court of the Virgin Islands desires to reduce the delay in the processing of its cases by implementing a Differentiated Case Management System, which is the process of developing for each category of cases addressed by the Court a schedule of events that achieves its earliest disposition consistent with fairness and due process; and

WHEREAS the Superior Court has been awarded grants by the State Justice Institute the for the performance of studies and reviews in aid of its stated goals and objectives, and

WHEREAS, in furtherance of said goals, objectives and mission the Court has engaged in an intensive process to create a practical and comprehensive Differentiated Case Management Plan, and

WHEREAS, after extensive input, review and comment on various portions of the DCM from a number of potential user groups including the Judges and Magistrates of the Superior Court, the Court has compiled, consistent with the recently adopted time standards, the attached Differentiated Case Management Plan for adoption and use by the Court; and

WHEREAS, the adoption of the DCM as an expression of the formal policy of the Court and the provision of the attached matrix will help to provide guidance to those who are asked to adhere to the time standards, to provide objective and tangible guidelines to achieve those standards.

NOW THEREFORE;

Pursuant to the authority vested in the Presiding Judge of the Superior Court of the Virgin Islands at Title 4 Virgin Islands Code, Chapter 5, Section 32(f)(1), 72b, Section 83, and Section 21(c) of the Revised Organic Act of 1954, as amended (48 U.S.C. § 1611(c)) it is hereby

ORDERED that the Superior Court adopts the following Differentiated Case Management Plan attached hereto as EXHIBIT 1, as a standard to be aspired to except in such circumstances as the Court may find substantial cause placed on the record to vary from its requirements; and it is FURTHER:

ORDERED that the Differentiated Case Management Plan specified herein shall apply to all cases filed in the Superior Court on or after JULY 10, 2013, but may be applied to all cases pending in the Court for comparison purposes in determining compliance with this plan; and it is FURTHER:

ORDERED that all judges and officers of the Court and those practicing before the Court, are encouraged to adapt and conform their practices in a manner consistent with and designed to ensure the successful achievement of the goals set forth herein.

EXHIBIT 1 DIFFERENTIATED CAS MANAGEMENT PLAN FOR CASES BEFORE THE SUPERIOR COURT OF THE VIRGIN ISLANDS

CASE TYPE	APPLICABLE CASE TRACK FOR THE LISTED CASE TYPE1	MAJOR CASE EVENT	ASSIGNED TIME PERIOD2	NEXT SCHEDULED EVENT
CRIMINAL CASES (CR)
(LOWER MISDEMEANOR—LMS—case types: Cases in which the potential term of imprisonment is up to 6 months)	CRIMINAL TRACK 1 (CT1-CR)	CASE INITIATION	0 days	ADVICE OF RIGHTS
		ADVICE OF RIGHTS	3 days	ARRAIGNMENT SCHEDULED
		ARRAIGNMENT	13 days after case initiation (10 days after advice of rights)	PRETRIAL CONFERENCE
		DISCOVERY CONFERENCE	(DONE AT PRETRIAL CONFERENCE)	PRETRIAL CONFERENCE OR ALTERNATIVELY, ORDER OF DISMISSAL, OR GUILTY PLEA HEARING/APPLICATION TO ENTER GUILTY PLEA
		MOTIONS HEARING	(DONE AT PRETRIAL CONFERENCE)	PRETRIAL CONFERENCE
		PRETRIAL CONFERENCE	60 days	TRIAL SCHEDULED
		TRIAL	90 days	TRIAL CONCLUDED
		DISPOSITION / ENTRY OF JUDGMENT	120 days
TOTAL ASSIGNED TIME FROM INITIATION TO RESOLUTION (JUDGMENT)			120 days
MMS AND LFL (MAJOR MISDEMEANOR—MMS—Cases in which the potential term of imprisonment is MORE THAN 6 months and up to one year, and LESSER FELONIES (LFL) - Cases in which the potential term of imprisonment is more than 1 year and up to 5 years)	CRIMINAL TRACK 2 (CT2-CR)	ADVICE OF RIGHTS	3 days	ARRAIGNMENT
		ARRAIGNMENT	16 days	DISCOVERY CONFERENCE SCHEDULE
		DISCOVERY CONFERENCE	45 days	MOTIONS HEARING SCHEDULED
		MOTIONS HEARING	90 days	PRETRIAL CONFERENCE SCHEDULED
		PRETRIAL CONFERENCE	120 days	TRIAL SCHEDULED
		TRIAL	150 days	ENTRY OF JUDGMENT / DISPOSITION
		DISPOSITION / ENTRY OF JUDGMENT	180 days
TOTAL ASSIGNED TIME FROM INITIATION TO RESOLUTION (JUDGMENT)			180 days
CRIMINAL—STANDARD FELONIES (SFL): Cases in which the potential term of imprisonment is more than 5 years and up to 20 years.	CRIMINAL TRACK 3 (CT3-CR)	ADVICE OF RIGHTS	3 days	ARRAIGNMENT SCHEDULED
		ARRAIGNMENT	16 days	DISCOVERY CONFERENCE SCHEDULED
		DISCOVERY CONFERENCE	60 days	MOTIONS HEARING SCHEDULED
		MOTIONS HEARING	120 days	PRETRIAL CONFERENCE SCHEDULED
		PRETRIAL CONFERENCE	210 days	TRIAL SCHEDULED
		TRIAL	240 days	ENTRY OF JUDGMENT / DISPOSITION
		DISPOSITION	270 days
TOTAL ASSIGNED TIME FROM INITIATION TO RESOLUTION (JUDGMENT)			270 days
CRIMINAL—COMPLEX FELONIES (CFL): Cases in which the potential term of imprisonment is more than 20 years to life.	CRIMINAL TRACK 4 (CT4-CR)	ADVICE OF RIGHTS	3 days	ARRAIGNMENT SCHEDULED
		ARRAIGNMENT	16 days	DISCOVERY CONFERENCE SCHEDULED
		DISCOVERY CONFERENCE	150 days	MOTIONS HEARING SCHEDULED
		MOTIONS HEARING	210 days	PRETRIAL CONFERENCE SCHEDULED
		PRETRIAL CONFERENCE	300 days	TRIAL SCHEDULED
		TRIAL	330 days	ENTRY OF JUDGMENT / DISPOSITION
		DISPOSITION	365 days
TOTAL ASSIGNED TIME FROM INITIATION TO RESOLUTION (JUDGMENT)			365 days
CIVIL CASES
BASIC CIVILACTIONS	CIVIL TRACK 1 (CT1-C)	INITIATION	0 days	SCHEDULING CONFERENCE SCHEDULED
		SERVICE	0 days	FILING OF ANSWER OR MOTION TO DISMISS
		SCHEDULING CONFERENCE	60 days	PRETRIAL CONFERENCE SCHEDULED
		PRETRIAL CONFERENCE	120 days	TRIAL OR HEARING SCHEDULED
		TRIAL	180 days	DISPOSITION / JUDGMENT
		DISPOSITION	270 days
TOTAL ASSIGNED TIME FROM INITIATION TO RESOLUTION (JUDGMENT)			270 days
STANDARD CIVIL ACTIONS	CIVIL TRACK 2 (CT2-C)	INITIATION AND SERVICE	0 days	FILING OF ANSWER OR MOTION TO DISMISS; SCHEDULING CONFERENCE SCHEDULED
		SCHEDULING CONFERENCE	60 days	STATUS CONFERENCE SCHEDULED
		STATUS CONFERENCE	210 days	MOTIONS HEARING SCHEDULED
		MOTIONS HEARING	360 days	PRETRIAL CONFERENCE SCHEDULED
		FINAL PRETRIAL CONFERENCE	480 days	TRIAL SCHEDULED
		TRIAL	510 days	DISPOSITION / ENTRY OF JUDGMENT
		JUDGMENT/DISPOSITION	540 days
TOTAL ASSIGNED TIME FROM INITIATION TO RESOLUTION (JUDGMENT)			540 days
COMPLEX CASES	CIVIL TRACK 3 (CT3-C)	INITIATION AND SERVICE OF PROCESS	0 days	SCHEDULING CONFERENCE SCHEDULED
		SCHEDULING CONFERENCE	60 days	STATUS CONFERENCE SCHEDULED
		STATUS CONFERENCE	270 days	MOTIONS HEARING SCHEDULED
		MOTIONS HEARING	450 days	SETTLEMENT CONFERENCE SCHEDULED
		SETTLEMENT CONFERENCE	600 days	SCHEDULE FINAL PRETRIAL
		FINAL PRETRIAL CONFERENCE	670 days	TRIAL SCHEDULED
		TRIAL	700 days	FINAL DISPOSITION
		DISPOSITION/JUDGMENT	...