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In re the Motion of the Virgin Islands Bar Ass'n

Citations: 26 V.I. 216; 758 F. Supp. 1088; 1991 WL 35672; 1991 U.S. Dist. LEXIS 7646Docket: Civil No. 1990/106

Court: District Court, Virgin Islands; February 13, 1991; Federal District Court

Narrative Opinion Summary

The case involves a motion by the Treasurer of the Virgin Islands Bar Association to suspend two attorneys for failing to pay mandatory bar dues. The attorneys, who are federal government employees practicing in the District Court of the Virgin Islands, contested the requirement, arguing that the Bar Association's by-laws did not explicitly mandate their membership. However, the court ruled that the Virgin Islands Code, which mandates bar association membership for all attorneys practicing in the District Court, supersedes the by-laws. The court examined the applicability of the Supremacy Clause and found that it does not preclude the imposition of local bar dues on federal attorneys, as the District Court serves both territorial and federal functions. The court determined that requiring federal attorneys to pay annual dues is not unconstitutional or excessively burdensome, supporting the District Court's authority to regulate attorney practice through local rules. Consequently, the court ordered the suspension of the attorneys from practicing law in the Virgin Islands until the dues and statutory interest are paid. No costs were imposed. This decision underscores the necessity for federal attorneys practicing in specific jurisdictions to comply with local bar association requirements.

Legal Issues Addressed

Authority of District Courts to Regulate Attorney Practice

Application: District courts have broad authority to regulate the admission and practice of attorneys, including the establishment of local rules requiring bar association membership.

Reasoning: It cites that district courts have broad authority to regulate attorney admission and practice, which includes the creation of local rules under various federal statutes.

Conflict Between By-laws and Statutory Requirements

Application: The District Court's rule requiring government attorneys to be Bar Association members takes precedence over any conflicting by-laws.

Reasoning: The court finds a conflict between Bonner's interpretation and the Virgin Islands Code, which clearly states that all attorneys admitted to practice in the District Court must be Bar Association members.

Mandatory Bar Association Membership for Federal Attorneys

Application: Federal government employees practicing in the District Court of the Virgin Islands must be members of the Virgin Islands Bar Association and pay associated dues.

Reasoning: Membership in the Virgin Islands Bar Association is mandated for respondents, as the Association represents all attorneys practicing in the Virgin Islands and provides essential services to the district court.

Reasonableness of Bar Dues Requirement

Application: The court finds the $100 annual due reasonable, given the Bar Association's contributions to the District Court's functioning.

Reasoning: This requirement is deemed reasonable given the Bar Association's significant contributions to the District Court's operation, including federal government attorneys engaged in official business.

Supremacy Clause and Local Bar Dues

Application: The Supremacy Clause does not prevent the Virgin Islands Bar Association from imposing dues on federal attorneys practicing in the District Court, as the court serves both territorial and federal functions.

Reasoning: The Supremacy Clause does not apply in this context, as it does not pertain to one federal authority regulating another.