In a powerful display of her commitment to justice, attorney Casey Payton, founder of the V.I. Justice Initiative, marked significant strides toward her ambitious goal of securing 50 expungements in 2024. Speaking at the organization’s donor reception, Payton celebrated the recent achievement of her first expungement of the year, coupled with her impassioned advocacy for an auto-expungement bill that won unanimous approval from the Senate’s Rules and Judiciary Committee on Thursday.

Thursday also marked Payton’s first appearance before the Senate, a pivotal moment she shared with the audience gathered at the reception. With the bill progressing through two committees, the hope now is that it will receive approval from the full body, she said. The impact of the V.I. Justice Initiative’s work was also vividly illustrated by speaker Jasmine Ware, who recounted her journey through the Virgin Islands’ justice system. Ware, initially arriving on island in 2020 as a FEMA disaster recovery specialist, found herself abruptly arrested shortly after her move. Despite overcoming immense personal challenges as a child, earning a full scholarship to the University of California Santa Barbara, and completing her master’s degree at Georgetown, Ware faced a sudden downturn after her arrest. Ware described the overwhelming emotions of fear, depression, shame, and loneliness, emphasizing her loss of control and the belief that her life would never recover. However, collaboration with attorney Karl Williams at the V.I. Justice Initiative became the turning point, leading to the dismissal of her case and the expungement of her record. Sharing her story, Ware said she wanted to be a ray of hope to others, demonstrating the transformative impact of the organization. Motivated by the same desire to instill hope, Payton founded the V.I. Justice Initiative to provide legal representation to those who cannot afford it. The organization’s strength is fortified by community support, contributions from dedicated young attorneys, volunteers, and generous donors, such as Mac McClafferty, owner of St. Thomas Social, who not only provided the reception space but also donated $2,500 that evening.

In a new initiative unveiled at the reception, Payton announced a partnership with the Office of Gun Violence Prevention to educate elementary and middle school-aged children about their rights, how to interact with law enforcement, and the potential economic repercussions of choosing to break the law.

Expressing his admiration for Payton’s impactful work, McClafferty presented a check along with Social’s co-owner and chef Sunil Sharma, emphasizing the genuine change being brought about in the community. “It’s one thing to raise money for a cause but it’s another to affect real change,” McClafferty declared, highlighting the impact of the V.I. Justice Initiative’s mission.

A measure intended to provide relief to victims of bad arrests passed the Rules and Judiciary Committee on Thursday during a meeting where lawmakers also vetted nominees to two key positions in the territory. Bill No. 35-0178 is a measure allowing for the automatic expungement of arrest records upon a judicial finding that the arrest lacked probable cause. It would also amend a section of the Virgin Islands Code to designated expunged criminal records as confidential. The bill was sponsored by Sens. Javan James Sr., Franklin Johnson and At-Large Sen. Angel Bolques Jr.

Virgin Islands Justice Initiative Executive Director Casey Payton testified in support of the measure, calling the expungement process an “access to justice issue.”

“When Virgin Islands law already provides a right to expungement for certain charges, why do our people have to carry these charges on their arrest records — forever — just because they cannot afford an attorney,” she said, adding that the consequences of having a criminal record linger even after a conviction, plea, or case dismissal.

On January 20, 2024, our Executive Director, Casey Payton appeared on Level Up with Bruce Flamon - Radio One AM 1000. Casey introduced the VI Justice Initiative’s new Teen Intervention & Criminal Deterrence Project called “Know Your Rights.” Level Up host Bruce Flamon pledged the Governor’s Office of Gun Violence Prevention’s support and sponsorship of this initiative. More information on the Know Your Rights project for grades 7-10 will be announced at our Champions of Advocacy Reception on Jan 25, 2024 and Casey will provide monthly updates on Level Up throughout 2024.

Bill 35-0178 passed the Legislature of the U.S. Virgin Islands Committee on Homeland Security, Justice and Public Safety today with a letter of support from the VI Justice Initiative and live testimony from Special Advisor J. Russell B. Pate, Esq. Sponsored by Senator Javan E. James Sr., Bill 35-0178 is an Act amending title 5 Virgin Islands Code, chapter 314 to allow for the automatic expungement of any charges on a person’s arrest records upon a finding by a judge that the arrest lacked probable cause.

Supporting this Bill 35-0178 furthers the VI Justice Initiative Clean Slate Program. We believe that everyone deserves a second chance and our Clean Slate Program helps Virgin Islanders overcome the barriers of their past by providing a free attorney to navigate the expungement process.

We believe that it is unconscionable that Virgin Islanders have to keep charges on their arrest records forever because they are too poor to afford an attorney to assist with the expungement process. We believe that it is a racial justice issue, because expungement services are widely available free of charge on the mainland. But here, where we have a population that is majority black these records continue to hold Virgin Islanders back from economic and social mobility.

Bill 35-0178 passed with 6 yeas and 1 absent. Next it will go before the Rules Committee.

Today, the VI Justice Initiative appeared on WTJX-Analyze This hosted by Neville James to discuss our Executive Director, Casey Payton's presentation at the Virgin Islands Bar Association Annual Meeting. The presentation was on Interest On Lawyer Trust Accounts (IOLTA) as a funding mechanism that has the ability to transform Access to Justice in the Virgin Islands to provide millions of dollars in resources for civil legal services.

Casey is a board member of the Virgin Islands IOLTA Board. An Interest on Lawyer Trust Account is a lawyer trust account that earns interest from the bank. The U.S. Supreme Court in Brown v. Legal Foundation of Washington, 538 U.S. 216 (2003) determined that neither lawyers nor clients have a right to the interest earned on lawyer trust accounts. Since 1981, IOLTA has generated over $4 billion in revenue throughout the United States and this money is used to support civil legal services for people who cannot afford an attorney. Casey's presentation for the VI Bar Association explained that IOLTAs can double their impact through additional funding sources including settlement agreements, cy pres from class actions, and unclaimed funds at the Court.

On November 1-3, 2023, Casey Payton was invited by the National Association of IOLTA Programs (NAIP) to participate in the 2023 ABA & NAIP Joint IOLTA Conference in Columbus, OH. Casey is currently serving a 3-year appointment to the Virgin Islands IOLTA Commission. Next month Casey and Amaris Torres-Rivera, Executive Director of IOLTA Puerto Rico will report back to the Virgin Islands Bar Association by presenting at the annual meeting on December 8, 2023 at the Westin in St. Thomas. Casey’s presentation will provide ethics Continuing Legal Education credits for Virgin Islands attorneys on the topic of IOLTA.

On October 26, 2023, the VI Justice Initiative was invited to a dialogue on climate and environmental Justice with Brenda Mallory, Chair of the White House Counsel on Environmental Quality at the UVI Innovation Center. Casey Payton, executive director and Russell Pate, special advisor presented on the legal remedies side of environmental justice, especially when it comes to helping people suffering from pollution caused cancers in St. Croix. Attorney Pate reported that “environmental Justice is human justice - because when the environment is polluted and contaminated, the poorest and most vulnerable populations are always right in the middle of the contamination.” Among Attorney Pate’s top requests, was for the president to nominate a 3rd Circuit Judge from the Virgin Islands, which would create more understanding and empathy for the people, culture, and way things work in the Virgin Islands.

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