The defendant was employed with a government agency in the Virgin Islands and was convicted of soliciting sexual favors in exchange for not reporting a female immigrant who was unlawfully present. The Third Circuit vacated one of several convictions but wrote primarily to “take this opportunity to identify several considerations that should guide a court’s decision of whether to certify questions to a state’s highest court.” The defendant asked the Third Circuit to certify questions on interpreting a local statute to the Supreme Court of the Virgin Islands. The Third Circuit identified three critical factors: (1) “the relevant question’s eventual resolution should be unclear and control an issue in the case”; (2) “courts should consider what . . . the importance of the question”; and (3) “courts should consider judicial economy.” The Court then declined the defendant’s invitation to certify his question to the local courts.
