80.7 F
Charlotte Amalie
Thursday, March 28, 2024
HomeNewsArchivesKendall Loses Part of Suit Seeking $440,000 in Comp Time

Kendall Loses Part of Suit Seeking $440,000 in Comp Time

Former Judge Leon Kendall, who is suing V.I. Superior Court and its Presiding Judge Darryl Donahue for close to half a million dollars he claims he is due in accrued sick leave, annual leave and overtime or comp time, had part of his claim dismissed by U.S. District Court Judge Curtis Gomez during a hearing on St. Thomas Thursday.

Kendall, whose one six-year term as a judge was marred by controversy over a perceived pattern of releasing violent offenders with insufficient oversight while awaiting trial, has also had a controversial tenure even after his 2009 retirement. He unsuccessfully sued the Virgin Islands Daily News for criticizing his performance as a public official – a case the V.I. Supreme Court tossed out in 2011. And he was found guilty of indirect criminal contempt of court, for refusing to comply with a V.I. Supreme Court order overturning one of his decisions, also in 2011.

Continuing his combative trend, in 2010 Kendall sued the Superior Court of the Virgin Islands; Darryl D. Donahue Sr., in his official capacity as its presiding judge; and the V.I. Government – seeking about $440,000 he claims he is due in accrued sick leave, annual leave and compensatory time.

After Kendall retired, he applied to convert his unused leave and comp time to a lump sum payment. He has filed court documents claiming $164,000 for sick leave, $244,000 for comp time in lieu of overtime and $33,000 for accrued excess annual leave, which he calculates from the day he was hired on a contract basis as assistant general counsel to V.I. Superior Court in 1983.

Kendall is also suing to have his annual pension increased, with his attorney Suzanne Elovecky arguing that a 1986 law capping judicial employee pensions at $65,000 does not apply to him because he worked for the court as a contracted employee for three years before the law changed; thus the cap cannot apply to him because it would be a breach of contract. Elovecky argued the pension should instead be calculated based on his $90,000 per year salary and should be more than $65,000 per year.

Gomez dismissed the claim to comp time Thursday, removing the largest single element of the suit, and directed the attorneys on both sides to submit briefs addressing case law affecting the other counts.

"The suggestion that somehow there was a contract and that somehow created an entitlement to comp time, the court is not persuaded. Dismissed," Gomez said.

During the hearing, Gomez repeatedly questioned Elovecky about what statutory or other legal authority would allow the court to give comp time to judges as a cash payment. Elovecky said it amounted to overtime payments, which court employees would normally receive. Gomez drew a distinction between judges, who are appointed by the governor and approved by the Legislature, and regular employees of the court, who are hired by the court.

"What is the statutory authority for giving overtime for judges?" Gomez asked. Elovecky cited the employee manual issued by the V.I. Superior Court presiding judge."Why would it apply to a judge?” Gomez asked further, suggesting that a judge was the court, signed for the court, was not hired by the court, and so was not a regular employee.

A hearing is scheduled for Dec. 3 to consider the remaining counts of Kendall’s claims.

Print Friendly, PDF & Email
Keeping our community informed is our top priority.
If you have a news tip to share, please call or text us at 340-228-8784.

Support local + independent journalism in the U.S. Virgin Islands

Unlike many news organizations, we haven't put up a paywall – we want to keep our journalism as accessible as we can. Our independent journalism costs time, money and hard work to keep you informed, but we do it because we believe that it matters. We know that informed communities are empowered ones. If you appreciate our reporting and want to help make our future more secure, please consider donating.