Case Caption: Rodney E. Miller, Sr., v. The People of the Virgin IslandsCase Number: SCT-CRIM-2020-0010Date: 10/06/2021Author: Hodge, Rhys S. Citation: 2021 VI 18Summary: Regarding the appellant’s motion requesting that a Designated Justice of the Supreme Court of the United States Virgin Islands either withdraw his consent to appointment to that position or recuse himself from participating in the appeal, in which he further contends that the panel assigned to this appeal is illegally constituted on the ground that the Designated Justice purportedly lacks the statutory qualifications to serve in that capacity, it is noted, as a threshold matter, that the decision of a Justice to recuse or not recuse himself or herself from a case is a personal decision that is not reviewable by his or her colleagues. However, this same principle does not extend to claims that an appellate panel has been illegally constituted because one or more Justices fails to satisfy the constitutional or statutory requirements to serve. Addressing that question, the Court holds that a recently retired Judge of the United States District Court of the Virgin Islands who served on that court for fifteen years is qualified and authorized to serve on the Supreme Court of the United States Virgin Islands in the capacity of a Designated Justice pursuant to 4 V.I.C. § 24(a), because that statute permits the designation of a retired judge of “a court of record in the Virgin Islands,” as opposed to “a court of record of the Virgin Islands,” and the District Court is unquestionably a court of record that is in the Virgin Islands. Appellant’s arguments that 4 V.I.C. § 24 is unconstitutional and violates the separation of powers principles inherent in the Revised Organic Act are rejected. The motion is denied with respect to its claim that the panel in this appeal is not properly constituted.Attachment: Open Document or Opinion