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The Structure of the Court system in Rhode Island It is very important to understand the legal system and the role it plays in the society. Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rules of law. (Code of Judicial Conduct, Preamble) The court system in the state Rhode Island consists of the Supreme Court, Superior Court, Family Court, District Court, Workers Compensation Court and Traffic Tribunal. The last four are trial courts of limited jurisdiction: Family juvenile, adult and domestic relations cases; District criminal cases and civil cases of less than $ 10 000; Workers Compensation all controversies regarding workers compensation claims; Traffic Tribunal non-criminal matters involving traffic cases.
The Supreme Court, as the court of last resort has final appellate jurisdiction over questions of law and equity, supervisory powers over other state courts, and general advisory responsibility to the legislative and the executive branches of state government concerning the constitutionality of legislation. Regulating admission to the Rhode Island Bar and disciplining its members are also responsibilities of this court. Though they all have different jurisdiction, but the procedure for selecting and appointing judges is mostly the same for each court. It is outlined in Rhode Islands Constitution. The governor shall fill any vacancy of any justice of the Rhode Island Supreme Court by nominating, on the basis of merit, a person from a list submitted by an independent non-partisan judicial nominating commission, and by and with the advice and consent of the senate, and by and with the separate advice and consent of the house of representatives, shall appoint said person as a justice of the Rhode Island Supreme Court. The governor shall fill any vacancy of any judge of the Rhode Island Superior Court, Family Court, District, Workers' Compensation Court, Administrative Adjudication Court, or any other state court which the general assembly may from time to time establish by nominating on the basis of merit, a person from a list submitted by the aforesaid judicial nominating commission, and by and with the advice and consent of the senate, shall appoint said person to the court where the vacancy occurs. (Constitution, Article X, section 4).
Its interesting that Rhode Island was the most recent state to adopt merit selection system by constitutional amendment in 1994. Judges for nomination are chosen statewide. To be chosen for nomination they need to have the following qualifications: to be an attorney, licensed in state, to be a state bar member with good standing. And a lawyer who is a candidate for judicial office shall comply with the applicable provisions of the Code of Judicial Conduct. Judges have life tenure. For Supreme Court judges life tenure is prescribed in the Constitution, for judges other than Supreme Court justices it is established by statute.
But it doesnt mean that once appointed, one will have absolute judicial immunity in any case for the rest of ones life. As the Constitution says, Justices of the Supreme Court shall hold office during good behavior (Constitution, Article X, section 5). The judiciary's behavior of Rhode Island is governed by the Code of Judicial Conduct. To implement this Code and discipline the judges The Commission on Judicial Tenure and Discipline was created in 1974. Its mission is to provide a forum for complaints against any judge or magistrate of the Supreme, Superior, Family, District, and Workers' Compensation Courts, or the Traffic Tribunal. The commission reviews allegations of serious violations of the Code of Judicial Conduct, including willful and persistent failure to perform judicial duties; disabling addiction to alcohol, drugs, or narcotics; conduct that brings the judicial office into serious disrepute; or a physical or a mental disability that seriously interferes with, and will continue to interfere with, the performance of judicial duties.
If the commission sustains charges, it reports to the Supreme Court and recommends either reprimand, censure, suspension, removal, or retirement of the judge. The Commission has the power to discipline, suspend or remove judges of all courts except the Supreme Court. As the Supreme Court is a constitutional court under Article X, Section 4 of the Rhode Island Constitution, the Commission may only recommend appropriate discipline for Supreme Court justices and transmit its findings to the Speaker of the House of Representatives for impeachment proceedings in accordance with Article XI of the Rhode Island Constitution. Judges may be impeached by a majority of the house of representatives and convicted by two thirds of the senate.
Rhode Island lawyers are licensed by the Supreme Court. Unlike some other states, in Rhode Island the court does not license or certify any lawyer as an expert or specialist in any particular field of practice. They are all licensed in the general practice of law. All Rhode Island licensed attorneys must join the Rhode Island Bar Association. For admission to it they should submit documents, have interview with a member of the Character and Fitness Committee and sit for the Bar Examination. And even after licensing and addition to the Bar, they should constantly improve their knowledge and qualification, as according to the Continuing Legal Education Requirement, attorneys admitted to practice in Rhode Island are required to complete ten hours of continuing legal education in each reporting year.
If an attorney does not follow these requirements, he or she will be sent a delinquency notice. The attorney shall correct his or her failure to comply with the Continual Legal Education requirements within ninety days of the date of the notice or the attorney shall be suspended by the Rhode Island Supreme Court. Activities of Rhode Island lawyers are regulated solely by the judiciary through the Supreme Court and the Disciplinary Counsel and Disciplinary Board the Court appoints. In their activity they should comply with the Rules of Professional Conduct, which are the standard of behavior for all practicing lawyers. It is considered professional misconduct for a lawyer to violate these rules. Ethnic Advisory Panel appointed by the Supreme Court assists the lawyers in complying with these rules.
The Panel has the authority to interpret such rules and to provide an opinion upon the request of any lawyer concerning a proposed action and its propriety in light of said rules. And any lawyer who acts in accordance with the Panels opinion shall be presumed to have added by the Rules of Professional Conduct. Rhode Island has had the reputation of being overly restrictive on attorneys who are not licensed here. As it is stated in the General Laws of Rhode Island No person, except a duly admitted member of the bar of this state, whose authority as such member to practice law is in full force and effect, shall practice law in this state. (11 - 27 - 5 Practice restricted to members of bar. ) Though recently the state Supreme Court has taken several steps that will make it easier for out-of-state lawyers to practice in Rhode Island.
Lawyers play a vital role in the preservation of society. The fulfillment of this role requires an understanding by lawyers of their relationship to the legal system. And the Rules of Professional Conduct, when properly applied, serve to define that relationship. As it is written there Many of a lawyer's professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers.
A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession's ideals of public service. (Preamble, p. 6) In different sources, in periodicals one can meet very diverse opinions, even strong criticizing of court system, selection methods, conduct of juries and lawyers. Irrespective of whether this criticism warranted or not, it just witnesses that community is not indifferent to the problems of society and serves as a stimulus for further development, encourages to take rational and appropriate steps, which help to improve the quality and availability of the system of justice. Bibliography: Code of Juridical Conduct, pp. 19 - 29. Rhode Island Judiciary Website web seen Nov 2, 2004 Constitution of the State Rhode Island and Providence Plantations.
Official documents. Warwick. Rhode Island. web seen Nov 2, 2004 General Laws of Rhode Island.
web seen Nov 2, 2004 Rhode Island Disciplinary Rules of Professional Conduct. American Legal Ethics Library. Legal Information Institute, web seen Nov 2, 2004 Rhode Island Judiciary. web updated 6 / 10 / 04, seen Nov 2, 2004
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Research essay sample on The Structure Of Court System In Rhode Island
