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KENDALL v. RUSSELL

No. 08-1212.

572 F.3d 126 (2009)

Hon. Leon A. KENDALL v. Sen. Ronald E. RUSSELL; Luis Morales; Robert O'Connor, Jr.; Robert Malloy and Bruce Marshack, in their capacity as Members of the Virgin Islands Commission on Judicial Disabilities Sen. Ronald E. Russell; Luis Morales; Robert Malloy; Bruce Marshack, Appellants.

United States Court of Appeals, Third Circuit.

Filed: July 13, 2009.

Attorney(s) appearing for the Case

Maria T. Hodge [ARGUED], Hodge & Francois, Charlotte Amalie, St. Thomas, Counsel for Appellants.

Howard M. Cooper, Julie E. Green [ARGUED], Todd & Weld, Boston, MA, Counsel for Appellee.

Before: FISHER, JORDAN and STAPLETON, Circuit Judges.

OPINION OF THE COURT

JORDAN, Circuit Judge.

Leon A. Kendall, a judge of the Superior Court of the Virgin Islands, filed this suit against members of the Virgin Islands Commission on Judicial Disabilities (the "Commission"), alleging that Virgin Islands Act No. 3876 (the "Commission Act" or the "Act"), which empowers the Commission to remove judges of the Superior Court, violates the separation of powers principle inherent in the Revised Organic Act of 1954...

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