No. 18-9218

Alexandro Gerandino-Aracena v. United States

Lower Court: Third Circuit
Docketed: 2019-05-09
Status: Denied
Type: IFP
Response WaivedIFP
Tags: article-iii district-court due-process judicial-appointment judicial-appointments judicial-tenure non-Article-III-courts non-Article-III-judges presidential-appointment revised-organic-act separation-of-powers statutory-interpretation tenure Virgin-Islands
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2019-06-06
Question Presented (AI Summary)

Can non-Article III judges serve indefinitely?

Question Presented (OCR Extract)

QUESTION PRESENTED The Revised Organic Act of the Virgin Islands provides for the District Court of the Virgin Islands, 48 U.S.C. § 1612, and for the appointment of judges to the bar of the District Court, 48 U.S.C. § 1614. As to appointment and tenure: “[t]he President shall, by and with the advice and consent of the Senate, appoint two judges for the District Court of the Virgin Islands, who shall hold office for terms of ten years and until their successors are chosen and qualified, unless sooner removed by the President for cause.” 48 U.S.C. § 1614(a). In this case the judge that presided over the Petitioner’s case exceeded (and continues to exceed) his ten-year statutory term. The question presented is: can non-Article III judges serve indefinitely? i

Docket Entries

2019-06-10
Petition DENIED.
2019-05-22
DISTRIBUTED for Conference of 6/6/2019.
2019-05-14
Waiver of right of respondent UNITED STATES OF AMERICA to respond filed.
2019-05-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due June 10, 2019)

Attorneys

ALEXANDRO GERANDINO-ARACENA
Joseph A. DiRuzzo IIIDiRuzzo & Company, Petitioner
Joseph A. DiRuzzo IIIDiRuzzo & Company, Petitioner
UNITED STATES OF AMERICA
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent