Senator Seeks to Establish VI Attorney General as an Elected Office

While the Attorney General is appointed by the Governor, with the advice and consent of the Legislature, the Governor can unilaterally terminate the Territory’s top attorney, which presents a conflict in its role in the system of the government’s checks and balances, said one Senator. In order to maintain neutrality in the position, Senator Alma Francis Heyliger has introduced legislation to resolve any current or future politicization of the Government’s third branch.

Bill Resolution No. 23-0078, sponsored by Sen. Francis Heyliger, seeks to petition the U.S. Congress for a revision to the Organic Act of 1954 in order to hold elections for the position ofAttorney General of the United States Virgin Islands.

During a recent hearing held by the Senate’s Committee on Homeland Security, Justice and Public Safety, Sen. Francis Heyliger expressed her concerns for this apparent conflict when the acting Attorney General gave an overview of the department’s operations. In response to the Department’s accomplishments, Sen. Francis Heyliger said that many of them can be attributed to the former Attorney General, who was dismissed in early January.

“A lot of these things happened under the old AG,” said Sen. Francis Heyliger. “And I thought to myself: I still don't know why that woman got fired. Because if you have a testimony that lists all these great things that were accomplished, why was she fired? And that's a major concern for me.”

Governor Albert Bryan, Jr’s dismissal of the Virgin Islands Attorney General in late December caught the attention of lawmakers, who discussed the matter during a the CHSJPS session.

In November, following Governor Albert Bryan, Jr.’s reelection to a second term, he delivered a stern warning to members of his cabinet. Underperformers would be future endeavored. In early January, he announced his dismissal of the Territory’s top attorney in a bit of a surprising twist. And while the Legislature of the Virgin Islands has certainly struggled to improve the Territory’s Department of Justice, the termination of former Attorney General Denise George seemed to create uncertainty amongst some Senators.

When questioned by lawmakers during the CHSJPS hearing on February 7th, Acting Attorney General Carol Thomas-Jacobs declined to comment on her chances of taking over the position permanently or whether she even has any interest in doing so. As the Territory awaits an appointment of a permanent Attorney General, Bill Resolution No. 23-0078 awaits action from the 35th Legislature.