Virgin Islands Assistant AG Complains to Judge About ‘Relentless’ DOJ Attorney

There’ve been enough developments to my earlier post about the Virgin Islands Attorney General being threatened with sanctions for failing to submit legal filings by the judge’s deadlines that another post is necessary. 

First, and hilariously, the USVI did reply to the judge ordering them to explain why they’ve been late in turning in their homework. An Assistant AG, though provided the response, not Ariel Smith, who’s the head of the USVI Justice Department’s Civil Division and the lead attorney for the defense. 

Attorney Smith, counsel of record for Defendants in this matter, is currently out of the  country and does not have reliable access to the internet, passwords, or multi-factor authentication. Accordingly, she respectfully requests an extension until July 9, 2026, to respond to the Court’s June 30 Order to Show Cause.

I contacted counsel to determine whether they would object to this three-day extension. Although I have never met Planitiff’s counsel, Attorney Arrington accused me of delaying proceedings, reminded me that he told me he would be relentless, and that the USVI is using tactics at every turn – scolding me on how I did not think this three-day extension request through. During this uncalled-for attack, he objected to the request.

Thank to to the “planitiff” and head of DOJ’s Second Amendment Section Barry Arrington for being relentless is seeking justice as quickly as possible for the people of the U.S. territory. If he was ticked off when he learned that Smith is unreachable for the next week, I don’t blame him. As he pointed out to the judge, this is hardly the first time the USVI has blown past a deadline. Now Smith can’t even respond to his query about why she shouldn’t be sanctioned for those delays in the time that was given to her. It’s adding insult to injury. 

I regret to say, though, that the judge doesn’t see it that way… or if he does, he’s willing to wait to give the attorney a piece of his mind. The latest docket entry in DOJ v. USVI came just a short time ago, and reads as follows:

Having considered Defendants’ notice 52 that requests a 3-day extension of time to respond to the Court’s order at ECF 50 to show cause, and the Court deeming it appropriate to rule on said request in accordance with LRCi 6.1(b)(4) without the need of a responsive brief from Plaintiff, it is hereby ORDERED that the time in which Defendants have to show cause in writing to the Court’s order at ECF 50 is EXTENDED to 07/09/2026. 

I wouldn’t have been nearly as nice to Smith, but he’s the judge, not me. I do hope, though, that the USVI government’s lackadaisical attitude to the DOJ’s lawsuit will be addressed by the court on July 9 or shortly thereafter. The judge has every reason to be righteously ticked off at the behavior of the USVI Department of Justice and the lack of respect it shows to him, the plaintiffs, and the gun owners of the U.S. Virgin Islands. It would be perfectly just to levy sanctions against Smith, and it would hopefully steer her and her underlings in a better direction. I’m not exactly hopeful that will be the case, but we’ll be watching for any developments next week. 

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