St. Croix Elections Board Chair Adelbert Bryan’s continued his battle to keep voters from deciding if Sen. Alicia "Chucky" Hansen should be in the Legislature Wednesday, as Superior Court Judge Douglas Brady heard arguments for and against Bryan’s most recent motion to have Hansen removed from the ballot.
Bryan sued earlier this year to force Hansen off the ballot, arguing Hansen’s three convictions for willful failure to file income tax were "moral turpitude," rendering her ineligible to serve. The V.I. Supreme Court ruled her ineligible in late August. Gov. John deJongh Jr. then pardoned Hansen, saying her candidacy should be judged by the voters.
DeJongh also petitioned the V.I. Supreme Court to rehear the case, and that court declined.
Hansen herself and a group of St. Croix voters separately brought suit to have Hansen returned to the ballot. U.S. District Judge Wilma Lewis issued orders directing Supervisor of Elections Caroline Fawkes to put Hansen back on the ballot. (See Related Links below)
Bryan filed a motion to remand the case to V.I. Superior Court and seeking Fawkes be held in contempt of court for not following the Supreme Court’s pre-pardon order, and instead following the federal court’s post-pardon order. Bryan argued, among many other things, that his motions were grounded entirely in local law, without a federal question and so should be heard by local courts. He also moved to have the pre-pardon local court order to have Hansen removed from the ballot enforced.
Bryan’s attorney, Emile Henderson III, argued the Superior Court is required to enforce the Supreme Court’s previous order to take Hansen off the ballot, and said the governor’s pardon did not change that, even though it restored Hansen’s civil rights.
"There has been a big to do over pre-pardon and post pardon. That is a red herring. No one is challenging if she is eligible to run in the future," Henderson said. Instead, they are arguing that Hanse was not eligible at the time she filed her papers so the papers were defective.
Attorneys for Fawkes and Hansen both argued that V.I. law gives candidates three days to file corrected papers. Henderson responded that the law only gives an automatic right to to correct defects in the nominating papers, not eligibility. Hansen was ineligible at the time she filed because of the later Supreme Court decision saying she was ineligible, according to Henderson. The pardon may restore Hansen’s civil rights going forward, but not at the time the papers were filed, Henderson said. Because she was not eligible at the time, the papers are defective. Because the question is not about the papers but about eligibility, there is no right to correct them.
Henderson also argued that Hansen needed to file her case in Superior Court, not District Court, so the District Court order to place her on the ballot is not binding.
Attorney Carol Thomas-Jacobs, representing Fawkes, said "the District Court and the Supreme Court never said there is no right to cure the defect."
"There is nothing in the decision to suggest Sen. Hansen could not cure the defect and the District Court recognized that," Thomas-Jacobs said.
She also said the Superior Court had no authority to overturn or in any way "impede" a District Court order.
Brady gave all the parties until 5 p.m. Wednesday to file additional briefs and said he would rule on the case quickly.
Editor’s note: The story has been edited to give the correct name of the judge. The Source regrets the error.
Hard to believe that this is still ongoing!
I blame all those sitting Senators from 2010 that did nothing to tackle this issue, head on, when it first rose its ugly head in 2010 after Mrs. Hansen’s three (3)convictions for tax fraud and before she ran for another term in the Legislature.
I must also blame Gov. DeJongh for giving her the pardon that opened this Pandora’s Box, throwing our 2014 elections into complete confusion and wasting our tax dollars, the 2 court’s time and having the VI Atty. General defending her instead of the People of the Virgin Islands against this rediculous lawsuit. Mrs. Fawkes has responsibility here as well for her part in this mess. I can also say that our present sitting Senators have played a huge part in this debacle by not standing up, speaking out and taking any public position in this matter. That only relects cowardice and a complete lack of integrity on their parts. The People of the Virgin islands deserve much better.
Mrs. Hansen was not eligible to run in 2010. She is not eligible to run now. The pardon came after the fact of her filing papers which were defective at the time (the old “cart before the horse” saying comes to mind).
If this woman had any honor or integrity she would say “Thank You for the Pardon,” apologize for her defrauding of the taxpayers and the VI Government to whom she was SWORN to SERVE, pay back any money she may owe, pick up the pieces, go home and stop wasting our time and money with this fiasco. Seems to me, Honor has gone out the window in our VI Government unless one speaks of the honor amongst thieves.
Just out of curiosity, Has “Chucky” paid back the over $180,000.00 she defrauded the People of the Virgin islands? Does she still owe this debt?
I heard that she had a big event in STX at the Canagata Ball Park over the week-end with off island performers to entertain her followers. I also heard the ball park was an absolute mess and trash strewn after the event. I surely hope it was not our tax dollars paying for the clean-up for this privately sponsored event. That would be adding insult to injury.
I hope the Supreme Court will, once and for all, settle this matter and keep her off the ballot. We have been forced to endure this “dog and pony show” far too long.
Alana, you have heard many untruths and are spreading lies. That makes you a propagandist.You are entitled to your own opinions but not your own facts.Obviously you are a Chucky hater but it is not necessary to be dishonest. Chucky was not convicted of tax fraud. Check the record for the accurate information.There was no law existing that barred Chucky from running in 2010 and 201`2. The pardon was granted as the cure for the V.I. Supreme Court Order which made Chucky ineligible in late August 2014 as reported in the article. No, the V.I. Supreme Court cannot nullify the Order from the District Court. The pardon and refiling of nomination papers came with the blessings of the Attorney General. The opponents of Chucky are outnumbered. The supervisor of elections, attorney general, governor and voters are all on the same side. The haters like you and bert deserve to go to hell and stew in your miseries.Sorry, you will have to endure more kangaroo courts or “dog and pony show” until November 4.
So tell me if she has made restitution since you know the “truth?” I believe the “moral turptitude” law has been and was on the books prior to Mrs. Hansen’s 3 convictions and the matter should have been tackled then.
Tell me exactly where a code of ethics, integrity, honesty and moral standards lie within our Governement and with Mrs. Hansen these days.
I am obviously missing the picture here.
“There are none so blind that those that will not see.”
You seem blinded to Chucky’s obvious machinations and wrong-doings. Guess we’ll all be forced to see how this fiasco plays out, once again. I truly feel sorry for Chucky’s supporters that have been so easily duped. Wake Up!
The fact that Bert-the Angry Racist-Bryan can actually get the words moral turpitude out of his mouth is in itself a crime. He’s just more garbage stinking up the territory. Everyone encountering that bum should give him the “hands up salute” . . . you know, throw your hands up in the air and yell “Don’t shoot! Don’t shoot!”
Change your name to caribbeandummy. Failing to file taxes is nothing but tax fraud. While your at it, ask yourself why Senator Hansen needed a pardon in the first place. It’s because she was convicted of crime, dummy. Keep on drinking Chucky stupid bush. You can’t sound any more dumber than you already do. Dummy.
Um, who was the judge at Bert’s criminal trial?