Sarauw v. Rodriquez
| Decision Date | 07 February 2017 |
| Docket Number | Civil No. 2017-3,Civil No. 2017-5 |
| Parties | JANELLE K. SARAUW, BRIGITTE BERRY, Plaintiffs, v. KEVIN A. RODRIQUEZ, CAROLINE F. FAWKES, VIRGIN ISLANDS JOINT BOARD OF ELECTIONS, BOARD OF ELECTIONS ST. THOMAS & ST. JOHN, Defendants. KEVIN A. RODRIQUEZ, Plaintiff, v. 32ND LEGISLATURE OF THE VIRGIN ISLANDS, SENATOR MYRON JACKSON, Defendants. |
| Court | U.S. District Court — Virgin Islands |
ATTORNEYS:
Edward L. Barry
Christiansted, U.S.V.I.
For Janelle K. Sarauw and Brigitte Berry,
Francis E. Jackson, Jr.
Law Offices of Francis Jackson
St. Thomas, U.S.V.I.
For Kevin A. Rodriquez,
Claude E. Walker, AG
Ariel Marie Smith-Francois, AAG
Carol Thomas-Jacobs, AAG
Pamela R. Tepper, AAG
V.I. Department of Justice
St. Thomas, U.S.V.I.
For Caroline F. Fawkes,
Julita K. De Leon
St. Thomas, U.S.V.I.
For Virgin Islands Joint Board of Elections and Board of Elections St. Thomas & St. John,
Christiansted, U.S.V.I.
For 32nd Legislature of the Virgin Islands and Senator Myron Jackson.
Before the Court is (1) the complaint filed by Kevin A. Rodriquez against the 32nd Legislature of the Virgin Islands and Senator Myron Jackson bearing Civil Case No. 17-3 (the "Federal Action"); and (2) the complaint filed by Janelle K. Sarauw and Brigitte Berry against Rodriquez, the Joint Board of Elections, and the Board of Elections St. Thomas & St. John bearing Civil Case No. 17-5 (the "Removed Action") (the Removed Action and the Federal Action are collectively referred to as the "Consolidated Cases").
The parties in these Consolidated Cases have agreed to have this matter tried by the Court on the parties' submissions. This memorandum opinion outlines the reasons for the Court's conclusions.
On January 25, 2016, Kevin A. Rodriquez filed a bankruptcy petition in the United States Bankruptcy Court for the Middle District of Tennessee. In his bankruptcy petition, Rodriquez swore under penalty of perjury that he lived in Tennessee and had not lived in another state anytime during the preceding three years.
On November 8, 2016, the Virgin Islands held an election to choose senators to serve in the 32nd Legislature of the Virgin Islands. The District of St. Thomas-St. John was allotted seven seats to be filled by the top seven vote-getters. Among those running for the seats were Rodriquez and Janelle K. Sarauw ("Sarauw"). After the election, Rodriquez placed sixth while Sarauw placed eighth. The Board of Elections certified the election results on November 22, 2016.
On December 9, 2016, Sarauw and Brigitte Berry ("Berry"), a volunteer for Sarauw's campaign, filed a complaint in the Superior Court of the Virgin Islands. The complaint names as defendants Rodriquez; the Virgin Islands Joint Board of Elections; the Board of Elections St. Thomas & St. John; and Caroline F. Fawkes ("Fawkes"), the Supervisor of Elections. Sarauw and Berry allege that Rodriquez is not qualified to serve in the Virgin Islands Legislature because he has not been "a bona fide resident of the Virgin Islands for at least three years next preceding the date of his election." See 48 U.S.C. § 1572. Sarauw and Berry seek injunctive relief preventing Rodriquez from taking a seat in the 32nd Legislature.
On December 29, 2016, the Superior Court issued a preliminary injunction that enjoined Rodriquez from taking the oath of office. In its ruling, the Superior Court held, in part, that Rodriquez could not satisfy the residency requirement. On January 4, 2017, after an expedited appeal, the Virgin Islands Supreme Court affirmed the Superior Court's order.
The January 4, 2017, the Superior Court held a merits hearing on Sarauw and Berry's request for a permanent injunction. After the hearing, the Superior Court held that Rodriquez was a bona fide resident of the Virgin Islands, vacated the preliminary injunction, and dismissed the case. Sarauw and Berry appealed the Superior Court's decision to the Virgin Islands Supreme Court.
On January 8, 2017, the Virgin Islands Supreme Court held that Rodriquez was "bound to his prior representations" to the Bankruptcy Court for the Middle District of Tennessee under the doctrine of judicial estoppel. Sarauw v. Fawkes, No. CV 2017-0005, 2017 WL 77123, *12 (V.I. Jan. 8, 2017). As such, the Virgin Islands Supreme Court held that Rodriquez "cannot claim in this proceeding to have been a bona fide resident of the Virgin Islands during the same time period." Id. The Virgin Islands Supreme Court vacated the Superior Court's January 4, 2017, opinion and order, reinstated the preliminary injunction enjoining Rodriquez from taking the oath of office, and remanded the case for further proceedings related to Sarauw and Berry's permanent injunction.
On January 10, 2017, Rodriquez filed a notice of removal in this Court pursuant to 28 U.S.C. § 1441 to have Sarauw and Berry's complaint (the "Removed Action") removed to this Court. Rodriquez asserts federal question jurisdiction as the grounds for removal. On January 12, 2017, Sarauw and Berry filed an emergency motion to remand the Removed Action. They also filed an emergency motion to expedite proceedings in the Removed Action.
Also on January 10, 2017, Rodriquez filed a complaint in this Court (the "Federal Action"). Rodriquez names the 32nd Legislature of the Virgin Islands and Senator Myron Jackson ("Jackson") as defendants. In his complaint, Rodriquez seeks a declaration that the Virgin Islands Legislature has sole authority to determine its members. Rodriquez seeks an injunction dissolving the Superior Court's preliminary injunction and directing the 32nd Legislature to seat Rodriquez as a member.
On January 17, 2017, Rodriquez filed a motion for summary judgment on his claims and a motion to expedite proceedings in the Federal Action. On January 25, 2017, the 32nd Legislature and Jackson filed a motion to dismiss Rodriquez's complaint.
On January 25, 2017, the Court held a consolidated hearing for the Removed Action and the Federal Action. After hearing argument on several issues, the Court denied Sarauw and Berry's motion to remand from the bench.
On January 27, 2017, the Court ordered the Federal Action and the Removed Action consolidated for all purposes (the "Consolidated Cases"). Also on January 27, 2017, the parties agreed, and the Court ordered, that the Consolidated Cases shall be tried on the papers.
Under the ROA, "[t]he legislative power and authority of the Virgin Islands [is] vested in a legislature, consisting of one house." 48 U.S.C. § 1571(a); see also Parrott v. Gov't of the Virgin Islands, 230 F.3d 615, 623 (3d Cir. 2000) (). The Legislature of the Virgin Islands is "composed of members to be known as senators." 48 U.S.C. § 1571(b).
48 U.S.C. § 1572(b). Section 6(g) of the ROA provides that "[t]he legislature shall be the sole judge of the elections and qualifications of its members." 48 U.S.C. § 1572(g). "The term of office of each member of the legislature shall commence on the second Monday in January following his election." 48 U.S.C. § 1572(a).
"The apportionment of the legislature shall be as provided by the laws of the Virgin Islands." 48 U.S.C. § 1571(b). The ROA places two caveats on this grant of discretion. First, "[t]hat such apportionment shall not deny to any person in the Virgin Islands equal protection of law." Id. Second, "[t]hat every voter in any district election or at large election shall be permitted to vote for the whole number of persons to be elected in that district election or at large election as the case may be." Id.
The number of senators is left up to the Virgin Islands Legislature. Id. Since the enactment of the ROA, the Virgin Islands has fixed the number of senators at fifteen. 2 V.I.C. § 102. Section 101, title 2, of the Virgin Islands Code provides that there are "two legislative districts in the Virgin Islands": the District of St. Croix and the District of St. Thomas-St. John. 2 V.I.C. § 101. 2 V.I.C. § 102.
As used in title 18 of the Virgin Islands Code, the term "'candidate' includes [1] a candidate for nomination and [2] a candidate for election." 18 V.I.C. § 1; see also 18 V.I.C. § 902(1) (). "Nomination means the selection . . . of a candidate for public office authorized to be voted for at an election." 18 V.I.C. § 1.
"[A]ll candidates of political parties . . . for public offices shall be nominated . . . at primary elections held in accordance with the provisions of this title and in no other manner." 18 V.I.C. § 342. "The nominations of candidates at the primary election for public offices to be filled at...
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