US Virgin Islands
The 6th Amendment In US Virgin Islands
The government of the U.S. Virgin Islands funds and administers all indigent defense services. Two agencies and the judiciary administer services. A commission and a standing committee oversee the agencies and the private attorney panels. There is no entity overseeing other appointed private attorneys.
The Office of the Territorial Public Defender (OTPD) administers most adult and juvenile trial and appellate representation across the islands. OTPD is staffed by public defenders and has two divisions: one serving the islands of St. Thomas and St. John, and one serving St. Croix. When OTPD is unavailable, judges first appoint the Office of Conflict Counsel (OCC). The OCC may employ public defenders or contract with private attorneys. If OCC is also unavailable, judges appoint from private attorney panels maintained by the supreme court. As a last resort, judges may appoint any attorney licensed in the U.S. Virgin Islands. All private appointed attorneys are paid hourly.
The Public Defender Administration is a board composed of five members appointed by diverse authorities, which oversees OTPD. The board appoints the chief public defender to lead OTPD and is responsible for hiring all staff upon the recommendation of the chief. The OCC is under the administrative oversight of a five-member standing committee created by the supreme court. The standing committee hires the Chief Conflict Counsel to lead OCC and sets all staff compensation. The standing committee also provides some oversight for the private attorney panels. There is no entity overseeing non-panel attorneys.
Dig Deeper
Does the Sixth Amendment right to counsel apply to the U.S. Virgin Islands?
Who serves on the Public Defender Administration overseeing the Office of the Territorial Public Defender?
Who serves on the standing committee overseeing the Office of Conflict Counsel and the private attorney panels?
In which branch of government does the indigent defense system reside?
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Criminal justice issues that disproportionately harm poor people, such as wrongful convictions and over-incarceration, cannot be fixed if indigent defendants are given attorneys who do not have the time, resources, or qualifications, to be a constitutional check on government. Yet, investment in improving indigent defense services remains largely neglected. The Sixth Amendment Center is the only nonprofit organization in the country that exclusively examines, uncovers, and helps fix the root of the indigent defense crisis in which inequality is perpetuated because poor defendants do not get a fair fight.
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