Rule 9 Pretrial Release in a Criminal Case.
Rule Text
(a) Order of the Superior Court. The Superior Court shall state in writing, or orally on the record, the reasons for an order refusing or imposing conditions of release or ordering pretrial detention of a defendant in a criminal case. A party appealing from the order, as soon as practicable after filing a notice of appeal with the Supreme Court, must file in the Supreme Court a copy of the Superior Court's order and its statement of reasons. An appellant who questions the factual basis for the Superior Court's order must timely move for expedited review under Rule 5(d) and must file a transcript of any release proceedings in the Superior Court or an explanation why a transcript has not been obtained. The appeal shall be heard, after reasonable notice to the appellee, upon such papers, affidavits, and portions of the record as the parties present or the Supreme Court may require. Briefs need not be filed unless the Supreme Court so orders.
(b) Duties of the Clerk of the Superior Court. The Clerk of the Superior Court shall transmit a list of docket entries within fifteen days after receiving, from the Clerk of the Supreme Court, notice of the filing of the appeal from the order refusing or imposing condition of release or ordering detention, and shall in addition inform the Supreme Court of any order or judgment entered subsequent to the forwarding of such list. The appeal normally will be considered by a three-justice panel, but in exceptional cases where such procedure would be impracticable due to the requirements of time, it may be decided by the Chief Justice of the Supreme Court, who may order the release of the appellant pending disposition of the motion. All decisions regarding release must be made in accordance with the United States Constitution, the Revised Organic Act of 1954, and Virgin Islands law.