Alexandro Gerandino-Aracena v. United States
Privacy JusticiabilityDoctri
Can non-Article III judges serve indefinitely?
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