Case Caption: Linda Raymond v. Dr. Kidane Assefa d/b/a/ The Eye Clinic and In re Personal Representative of the Estate of Linda RaymondCase Number: S. Ct. Civ. No. 2018-0020Date: 12/03/2018Author: Hodge, Rhys S. Citation: Summary: Upon a motion filed by counsel for an appellant who died during the pendency of an appeal, advising this Court that the Superior Court refused to consider the petition for appointment of a personal representative on the merits due to a standing order of the Presiding Judge directing that such petitions not be docketed outside of probate matters, as well as a direct appeal of that order, it is held that the Presiding Judge lacks the authority to unilaterally establish court procedures that conflict with the Virgin Islands Rules of Civil Procedure or the Virgin Islands Rules of Appellate Procedure, or that effectively require other judges to comply with the Presiding Judge’s interpretation of Virgin Islands statutory law. The June 20, 2018 standing order issued by the Presiding Judge is not a valid exercise of the Superior Court’s rule-making authority, for approval for the practice was never obtained—or even sought—from this Court. The order also is not a valid exercise of the Presiding Judge’s power to oversee the work of the other Superior Court judges, since it does not address an administrative issue, but seeks to bind other judges on a legal question. The June 20, 2018 standing order is declared to be invalid, the July 13, 2018 order denying appointment of a personal representative in the present proceedings is vacated, and this matter is remanded to the Superior Court for the limited purpose of ruling on the merits of the petition for appointment of a personal representative within 90 days. The appeal in S. Ct. Civ. No. 2018-0020 shall be held in abeyance pending determination of the petition.Attachment: Open Document or Opinion