AG nominee says more staffing, resources needed | News … – Virgin Islands Daily News

Senators in the Committee on Rules and Judiciary have voted to approve of Gov. Albert Bryan Jr.s nomination for the next V.I. Attorney General, leaving Ariel Smith with one final hurdle to clear before her confirmation to the post.

The nomination will now be forwarded to the full 15-member body for approval at the next Legislative Session, after Rules Chairman Sen. Diane Capehart and other committee members endorsed Smith.

If confirmed, Smith would be the third person to hold the position so far this year.

Bryan fired former Attorney General Denise George in January, and subsequently nominated her replacement, 20-year V.I. Justice Department veteran attorney Carol Thomas-Jacobs, to serve as a Superior Court judge. Senators confirmed Thomas-Jacobs to the bench in April, and Bryan nominated Smith to be the new attorney general.

Born on St. Thomas, Smith graduated from Charlotte Amalie High School and obtained bachelors and juris doctorate degrees from Rutgers University in New Jersey, according to her testimony during Wednesdays Rules and Judiciary Committee hearing.

Smith returned to the Virgin Islands and worked as a law clerk and attorney in private practice for former Judge Henry Smock for more than a decade, before leaving in 2006 and entering public service as a territorial public defender.

She became a V.I. assistant attorney general in the Justice Departments Civil Division in 2011, representing the government before the Superior and District courts.

Smith became chief of the Civil Division in 2016, where I had an opportunity and privilege to work with six excellent lawyers and the four-support staff assigned to that Division. Given the complexity of the new matters filed against the Government, more lawyers are needed, Smith said.

She reviewed the departments many functions and obligations.

She also noted that Sen. Franklin Johnson has proposed a Speedy Trial Act, similar to existing legislation in federal court and many states that protects defendants Constitutional right to a speedy trial.

The legislation is intended to ensure that defendants arent stuck in jail for years awaiting their trial date, but Smith cautioned that the judicial system as a whole does not currently have the staffing or financial resources to meet strict deadlines.

In theory, I agree with the intent of the Speedy Trial Act, however given the noted lack of infrastructure and human resources that has been espoused by the Department of Justice, the Territorial Public Defender and the Courts, enactment of such a mandate, without the necessary resources, would be premature, Smith said, echoing similar statements made by her predecessor, Thomas-Jacobs.

The Justice Department is also responsible for overseeing the Medical Examiners Office, which doesnt currently have any permanent medical examiners.

Challenges have arisen over the last year with the resignation of both of our medical examiners. In the interim, the Department has hired part- time rotating medical examiners to fill the void, Smith said.

She added that the office is working to recruit a territorial medical examiner, which is a critical hire position and additional funds may be required to attract and retain a new hire to include possible relocation and signing bonuses.

When Sen. Carla Joseph asked Smith what her offices primary need is, Smith answered without hesitation.

Right now, our major need is to get a full-time medical examiner that has to be done, Smith said.

Smith also noted the loss of long-time Justice Department leader, Thomas-Jacobs, who is now a judge.

I need a support team within the Office of the Attorney General. We also need support in the special investigation divisions, weve lost a number of people for various reasons, Smith said. Those are the most critical needs. But of that list, the medical examiner is the most critical.

Part of the reason the territory has been struggling to recruit and keep medical examiners is the deplorable condition of the Luis Hospital morgue, which closed in July after concerns about sanitation, forcing the Justice Department to ship bodies to St. Thomas for autopsy.

Thomas-Jacobs said in February that the department spent $1 million on a temporary facility that will provide space for autopsies on St. Croix. Smith said Wednesday that the department had planned to site them in Estate Orange Grove, but is now reconsidering that plan.

Since April 14, The Daily News has forwarded questions about the project to Justice Department spokeswoman Sandra Goomansingh, after community members expressed objections that the Estate Orange Grove location is too close to homes and restaurants.

Goomansingh eventually responded in an email on May 2 and said only that, The site is presently being prepared to house the temporary Medical Examiners Office. As the development progresses, updates will be forthcoming.

Smith said Wednesday that they are now looking at alternative sites for the temporary morgue in anticipation of redevelopment of the Toro Building site.

Several years ago, plans were drawn for a new building at the Toro site and in the immediate future, these plans will be forwarded to the Department of Planning and Natural Resources and the Department of Public Works for vetting in accordance with current building codes, she said.

Smith said she would return to the Legislature with the plans after vetting, and this would allow the Toro building site to be developed for its intended purpose a building to house all Virgin Islands Department of Justice operations in the St Croix district.

Smith highlighted the work of the departments newest division, the federally funded Medicaid Fraud Unit. She also promised to aggressively prosecute white-collar crimes, prioritize illegal gun cases, and will continue to prosecute matters against all criminals, no matter their perceived fiscal and/or economic strength or other connections.

The Justice Department is expecting to receive around $30 million half of the $60 million sale price of sex offender Jeffrey Epsteins private islands off St Thomas, Little and Great St. James, which was part of a civil settlement between the V.I. Justice Department and Epsteins estate.

As per the agreement, these monies must be earmarked to fund projects, services, counseling services and activities to help Virgin Islands residents who are victims of sexual assault, sex trafficking, human trafficking, sexual misconduct, and child sex abuse, Smith testified.

With the Department of Justice administering these funds, we can bolster our Victim Services Unit by adding additional counseling services for victims, witnesses and their families. We also intend to add additional staff such as a staff psychologist, additional prosecutors, and other professionals to aid children and adult victims of crimes and human trafficking, Smith said.

Committee members also voted to approve Bryans nomination of attorney Yvette Ross-Edwards as a judge for the St. Croix Superior Court, the renomination of current St. Croix Superior Court Judge Harold Willocks. Senators also supported the nomination of Anna Wallace Francis to the V.I. Territorial Park Board of Trustees was considered.

Committee members voted to approve Bill No. 35-0012, which seeks to increase the retirement pension for National Guard members, and the bill will be forwarded to the full body for further consideration.

Senators also approved Bill No. 35-0016, a resolution honoring and commending the Board of Elections, Supervisor of Elections Caroline Fawkes, and the entire V.I. Election System team for their tireless service and contributions to the Virgin Islands community and on the occasion of the 60th Anniversary of the establishment of the Election System of the Virgin Islands.

Committee members also voted in favor of Bill No. 35-0062, a resolution honoring and commending Gregory Hodge, who performs as DJ Avalanche, for his outstanding contributions as a disc jockey, radio talk show host, and entertainer and presenting to him the Official Key to the Virgin Islands.

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AG nominee says more staffing, resources needed | News ... - Virgin Islands Daily News