Mark H. Vanterpool ’s resignation letter was invalid- Court rules
Justice Smith gave her final decision on the matter in the High Court of the Virgin Islands today, May 2, 2019.
Mr Vanterpool was elected to represent the Fourth District in the General Elections on February 25, 2019 but resigned days after. His resignation was accepted by Speaker of the House of Assembly Honourable Julian Willock after it was forwarded to him by the HoA Clerk.
However, Mr Vanterpool, suddenly had a change of heart and indicated his interest to be sworn in to the HoA, noting that his resignation could not have been valid as it was not addressed to the Speaker.
After Hon Willock refused to have him sworn in Mr Vanterpool moved to the courts seeking leave for a Judicial Review, after also filing for an Injunction, which he lost on April 2, 2019.
Resignation was invalid
The learned judge in her ruling said the court was guided under Section 75 of the Constitution and found that, among other things, that Mr Vanterpool could not constitutionally resign as there is no constitutionally recognised right conferred on him to resign during the interval between the general elections and the date on which the House of Assembly convened on March 12, 2019.
Further, she said the letter dated March 5, 2019 written by Mr Vanterpool and addressed to the Clerk of the HoA is not the constitutionally recognised and proper manner of resignation prescribed by section 67 (3)(a) of the Virgin Islands Constitution Order 2007.
Justice Smith said the proper way to effect a resignation in the Court’s view was to have then issued a new notice of resignation addressed to the Speaker. "As we know this was not done.”
The will of the people
Justice Smith informed the Court that based on sworn affidavits, Mr Vanterpool had indicated on more than one occasion that he was ready, willing and able to take the Oath in accordance with the Virgin Islands Constitution Order 2007.
In a second affidavit, the Applicant stated that on the 12th of March 2019 he received many calls from his constituents and that they expressed great concern and asked him to reconsider this decision to proffer his resignation. “This is indeed a significant point and one which has weighed on the Court’s mind,” Justice Smith stated, adding that since election day the people of the Fourth District have been without representation.
“The applicant has not been able to represent his constituents nor contribute to the budget debate.”
Justice Smith, in concluding, said the Court was of the view that this case was compelling as any case “for the matter to have been dealt with by the House as a whole, rather than the Speaker, when the House of Assembly was subsequently convened, however, whereas in this case the strict requirements of 67(3)(a) of the Constitution has not been complied with and Section 7 having no legal effect it is doubtful whether the speaker could unilaterally by acceptance or a declaration determine that a vacancy exists and proceed to exclude a member of the House of Assembly without a formal proceeding of the House of Assembly.”
She noted too that general elections and by-elections come at a great expense to tax payers.
Speaker Willock had previously indicated he was willing to abide by the ruling of the Court.
More details to follow.
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24 Responses to “Mark H. Vanterpool ’s resignation letter was invalid- Court rules”
Any honourable or esteemed speaker would now resign.
The Judge has now told Willock to his job - hopefully he will now be a good boy and do it quickly.
Mark was the one who did not show up to be sworn in but the good thing is that he will have to answer for the moneys that is missing and the over runs on those projects and let me see all of you who were fighting for him answer for him now the real thing start ,I would like to ask the attorney general and the magistrate,Where were you when the governor was forced to be sworn in the high court and not in the house of assembly because the then speaker of the house did not see it fit for him to be sworn in her house .