U.S. Virgin Islands – The Virgin Islands Department of Justice has filed an emergency motion with the Superior Court of the Virgin Islands seeking a Temporary Restraining Order (TRO) to postpone a series of parole hearings scheduled to begin on June 2, 2025, and to seek the court’s interpretation of whether the statute unconstitutionally alters judicially imposed sentences and parole eligibility.
Under the measure passed by the Legislature of the Virgin Islands, individuals previously deemed ineligible for parole under court-imposed sentences may now petition for early release. The Department of Justice argues that this retroactive legislative action constitutes a clear violation of the separation of powers and intrudes upon both judicial authority and executive powers conferred under the Revised Organic Act of 1954.
“The Department of Justice has a duty to uphold the Constitution and protect the integrity of our legal system,” said Chief Deputy Attorney General Ian Clement. “This legislation improperly empowers the Legislature to interfere with final sentencing orders issued by the courts and strips the Governor of his established authority over parole decisions.”
In addition to the constitutional concerns, the Department notes that the Virgin Islands Parole Board currently lacks a legal quorum, making it incapable of conducting valid parole hearings or issuing lawful decisions. Proceeding with hearings under such circumstances would not only be unlawful, but also further erode public confidence in the rule of law.
The Department’s emergency motion requests that the Court stay all related parole hearings until the matter is resolved.
The Superior Court is expected to review the motion on an expedited basis ahead of the scheduled parole hearings.
FOR IMMEDIATE RELEASE
May 30, 2025
Sandra Goomansingh
Media Relations Director
(340) 774-5666 ext. 10105
Email: sandra.goomansingh@doj.vi.gov