Thurston McKelvin's Reappointment Comment Period Closes Oct. 7 - U.S. Third Circuit
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Thurston McKelvin's Reappointment Comment Period Closes Oct. 7

The Third Circuit Court of Appeals is accepting comments for consideration regarding the reappointment of Federal Public Defender Thurston McKelvin. McKelvin, who is based in St. Croix, is the Federal Public Defender for the U.S. Virgin Islands. He has served multiple terms in the position.

The Third Circuit Court of Appeals is considering McKelvin’s reappointment to a new four-year term and has appointed a committee to assist in its review. The Committee consists of nine attorneys from the U.S. Virgin Islands, who will report their findings to the Third Circuit.

The public is invited to submit comments for consideration regarding McKelvin's reappointment. All comments should be directed to comments_fpd@ca3.uscourts.gov, or to Toby D. Slawsky, Circuit Executive, 22409 U.S. Courthouse, 601 Market Street, Philadelphia, PA, 19106.

Federal law states that a Federal Public Defender shall be appointed for a term of four years, unless the circuit court of appeals removes the attorney for incompetency, misconduct in office, or neglect of duty. Upon the expiration of his term, a Federal Public Defender may, by a majority vote of the judges of the court of appeals, continue to perform the duties of his office until his successor is appointed, or until one year after the expiration of his term, whichever is earlier.

Federal public defender organizations are federal entities, and their staffs are federal employees. The chief federal public defender is appointed to a four-year term by the court of appeals of the circuit in which the organization is located. Congress placed this appointment authority in the court of appeals rather than the district court in order to insulate, as best as possible, the federal public defender from the involvement of the court before which the defender principally practices.

Comments about Thurston McKelvin's reappointment must be received no later than Friday, October 7, 2011.

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