Attorney General Recommends Independent Counsel for Elections Board in McClafferty Lawsuit

The Virgin Islands Justice Department has declined to represent the Board of Elections and Supervisor of Elections Caroline Fawkes in Brett “Mac” McClafferty’s federal lawsuit challenging his disqualification from the delegate to Congress ballot, with Attorney General Gordon Rhea concluding that doing so could undermine public confidence in the electoral process and recommending the board immediately retain independent counsel.

The July 13 letter marks a significant development in one of the territory’s most closely watched election disputes, offering the first public explanation for why the Justice Department declined Gov. Albert Bryan Jr.’s earlier request to issue a formal legal opinion on questions surrounding McClafferty’s disqualification.

In the letter addressed to Fawkes, Rhea wrote that several circumstances make DOJ’s representation inappropriate. McClafferty is currently being prosecuted by the department in an unrelated criminal matter, the Board of Elections could later refer issues arising from its disqualification decision to DOJ for investigation, and the department must avoid any appearance that its impartiality could reasonably be questioned during an election year.

“VIDOJ can decline representation in matters where the impartiality and integrity of the Department may be questioned,” Rhea wrote. “Moreover, given that this is an election year, voter confidence related to the electoral process must be prioritized.”