U.S. Virgin Islands – Attorney General Gordon C. Rhea announced that the legal action filed by Supervisor of Elections, Ms. Carolyn F. Fawkes, against the Board of Elections and its members who voted to place candidate Ms. Ida Smith’s name on the ballot was dismissed on November 12, 2024, following a Memorandum Decision and Order issued on November 8, 2024. The Court held that as an employee of the Government of the Virgin Islands, Ms. Fawkes had no authority to independently sue, without explicit statutory authority to do so, except under the enforcement authority of the Attorney General of the Virgin Islands. The Court further held that Ms. Fawkes could not continue her suit as a taxpayer “because she cannot show that she has suffered an injury of some substantial right”.
In reaching its decision the Court affirmed that when a suit is brought by or against a government official in their representative capacity, the government is the real party in interest, stating “[a]s such, a lawsuit by the Supervisor of Elections against the Board, both in their official capacities, is a suit by the Government against the Government.”
Finally, the Court held that Fawkes not only lacks independent authority to commence an action outside of the enforcement authority of the Attorney General but further “she has no statutory authority to retain private counsel.”
Attorney General Rhea was pleased that common sense prevailed in this matter. He stated: “It would be absurd to allow the Government to sue itself. Moreover, considering the Constitutional concept of separation of powers, we cannot have members of the executive branch of the government taking their disagreements regarding executive functions to the judiciary”. He commended DOJ Assistant Attorney General Christopher Timmons for his effective representation of the V.I. Department of Justice in the case.
FOR IMMEDIATE RELEASE
November 13, 2024
Sandra Goomansingh
Media Relations Director
(340) 774-5666 ext. 10105
Email: sandra.goomansingh@doj.vi.gov