Rule 132. Appearance of Attorney General

The Attorney General of the Virgin Islands, or an Assistant Attorney General, shall conduct all criminal proceedings on behalf of the Government of the Virgin Islands in the territorial court.--Amended May 28, 1957; May 27, 1965; Oct. 14, 1994, eff. Nov. 16, 1994.

Transfer of duties and functions assigned to United States attorney to Attorney General, see 3 V.I.C. ' 114(a)(6).

Construction

This rule must, in order to harmonize the rule with section 114(a)(2) of Title 3 of the Virgin Islands Code giving Attorney General exclusive power to prosecute misdemeanor cases, be narrowly interpreted to mean that in those cases not specifically provided for in the rule the court may appoint private prosecutors if the Attorney General fails, but does not refuse, to prosecute, it being advisable that the prospective prosecutor seek the Attorney General's permission to prosecute before seeking leave of court, and that where the Attorney General exercises his discretion not to have the cause prosecuted by his office or anyone else, the court should not appoint or accept proffered private prosecution. Tonkin v. Michael, D.C.V.I. 1972, 9 V.I. 172, 349 F. Supp. 78.