Abstract
In any state, the court system and structure plays a significant role in ensuring the judicial system is effective. States that have a strong court system have proved to be successful in solving major challenges as pertains to the interpretation of the constitution. Puerto Rico needs to have in place a strong court system to ensure that the enforcement of various dynamics is effective.
In coming up with the court system and structure, this paper heavily borrows from three states: Tennessee, Florida and South Carolina. These states are well-known for their strong legal systems. Because of this, it would be prudent for Puerto Rico to borrow an idea or two in setting up its court system. The paper relies on the three states to set up the possible court system in Puerto Rico.
The paper discusses various levels of the court system that is suitable for Puerto Rico. These may include the municipal courts, the circuit court, the court of appeal, the family court and the Supreme Court. In every level, the paper discusses aspects such as qualifications of judges to these courts, their jurisdiction and the ethical standards required. This is done in a simple and direct manner, with the three states as the guidelines.
Introduction
The concept of whether or whether not Puerto Rico ought to be a state of its own has been subjected to both internal and external debate. In the past, the residents rejected statehood, and went as far as opting to retain their commonwealth status. Recent activities have seen the passing of HR 2499, a legislation that will give the residents the opportunity to choose between independence, statehood or to have an ‘independent free’ association with America. As it stands, majority of the Puerto Ricans would prefer statehood. This is contrary to the past demands and needs where statehood was not considered as a better option. The Puerto Rico Herald recently posted statistics over the same, where 58 percent of the participants argued that they would opt for statehood, unlike 21 percent who argued they would prefer independence. If this urge by the people to have statehood or independence is to be realized, several changes will come into play. One of the institutions that will have to be developed is the judiciary, and specifically the court system (Azmi, 2007). A clearly defined court system is as essential as the laws of a state. The critical role that the court systems play means that there is a need to iron out all issues to ensure that every aspect is taken into account. Geographical aspects, population and size, for instance, are some of the pertinent issues that ought to be taken into consideration. In addition, the constitution of these courts ought to be defined. The number of judges, how the judges will be selected, the ethical standards of the judges and their retirement age, for instance, ought to be all taken into account. This paper seeks to describe the possible court system of Puerto Rico. In doing so, reference shall be made to other states.
In creating the court system of Puerto Rico, various issues ought to be taken into account. Although it is not yet a state on its own at the moment, it is prudent to understand and analyze the current judicial structure and the court system of Puerto Rico. In addition, it is important to understand Puerto Rico’s terrain: its population, geographical aspects, religion and the beliefs that people in this place hold. Although Puerto Rico is not yet a state, it’s judicial and court structure at the moment is similar to that of many other states, such as Tennessee. Regardless, there is no doubt whatsoever that it can be greatly improved to offer better protection and services to its people.
The Current Court System
As currently constituted, the Supreme Court is the highest in the judicial hierarchy. Again, this is similar to several other states which have the Supreme Court as the highest court of the land. The court is led by justices (7 in number), who are directly appointed by the Governor. These judges have original and exclusive jurisdictions in various issues that affect the citizens. After the Supreme Court, follows the Court of Appeal. Like many other states, the court of appeal does not have any original jurisdiction in any matters, whether civil or criminal. Its duty is strictly limited to appellate matters that arise from other lower courts. Currently, the court of appeal has 39 judges, who are tasked with hearing and determining appeals from lower courts (International Labour Law Rep, E, 2008). The Court of Appeal is then followed by the District Courts. Lastly, the Municipal Courts follow. At the moment, the Puerto Rico system has 12 judicial districts. Each district, as a matter of fact, has a judge to oversee criminal and civil matters. Other judicial players in the districts include probation officers, clerks and court reporters (Azmi, 2007). For a long time, this has been the judicial position of Puerto Rico. There is no doubt that there is a need to have in place a new court system that will reflect Puerto Rico as an independent state. Such a new court system, in addition, ought to take into consideration new and arising issues that were not adequately covered previously.
Setting up the new court system
In setting up a new court system for Puerto Rico, there is a need to have a comparative study on how the courts in other states go about the issue. In doing this, the paper heavily relies on the states of Tennessee, South Carolina and Florida. The three states are widely known to have some of the best and well-defined court systems that dispense justice to the citizens. Although the three states do not have similar court systems, they have certain positive elements that should be adopted when adopting Puerto Rico’s court system. Florida’s Supreme Court, for instance, is widely known for its effective nature, making it the ideal model and example to learn from. Tennessee’s courts of appeal will be adopted in this matter, because they are well elaborated and criminal matters and civil matters (appeals) are determined separately. By adopting the best practices from some of the best courts, it becomes possible to have in place a court system that is not only robust, but also that ensures all aspects are dealt with conclusively. This limits the lacuna and loopholes that exist in various court systems and the overlapping of roles.
It is prudent to note that in any jurisdiction, the court systems have various levels (Motes & Nurse, n.d). From Municipal Courts to the Supreme Court, various levels of the court system have different jurisdictions. Any discussion of the court system, as a matter of fact, ought to address the various levels involved. In this paper, the courts will be analyzed from the lowest to the highest court.
Municipal Courts
Municipal Courts in Puerto Rico ought to be the lowest courts. As currently constituted, there are 78 municipalities in Puerto Rico. These courts will be structured geographically to ensure that all places are sufficiently addressed. There have been arguments that this number of municipalities is high, with various experts advocating for a significant reduction of the municipalities to about twenty. In the year 2009, for instance, Eric Rivera (Puerto Rico representative) presented a proposal to oversee such a reduction of the municipalities. Although the same has not been deliberated on, the position of this paper is that 20 Municipal Courts will be sufficient to address the pertinent issues of Puerto Rico effectively. This makes sense when one takes into account geographical aspects and the population of Puerto Rico.
Jurisdiction
Having in place an adequately defined jurisdiction is important insofar as avoiding overlap of roles is concerned. Primarily, the subject matter jurisdiction should be limited to misdemeanors and violations of the municipal ordinances. In addition to this, the municipal courts should have original jurisdiction in civil disputes on areas of contract, tort, real property and any other small claims, whose monetary dispute is less than $15,000. Despite this being the case, it is crucial to note that the courts will lack jurisdiction on municipal ordinances in situations where these ordinances are similar to the state laws. When and if this is the case, such jurisdiction will lie on the Circuit Court, which will also have the first right of refusal. Clarifying this is essential in that it will avoid conflict of interest when the court officers are dispensing justice. Borrowing from other state courts, Puerto Rico’s Municipal Court trials should and will not make use of the jury system. The hearings will be heard and presided by a single judge. This is essential in expediting proceedings.
Qualifications for Municipal Court Judge
Every legal system has in place set qualifications for a judge (Motes & Nurse, n.d). The same will be the case with Puerto Rico. To be a Municipal Court Judge in Puerto, one ought to be a qualified attorney and must have been a member (for more than five years) of the Puerto Rico Bar. Regardless, this eliminates the element of the minimum age for one to qualify. Despite this, there should be a maximum age for one to be a judge (70 years, similar to other states). It would also be crucial that the judge be a resident of the municipality in question. This ensures they understand the pertinent issues of the municipality in question, hence better-placed to dispense justice. The selection process should be purely on merit, as opposed to other factors. This will ensure that only the competent judges are selected.
Judges in this level will be elected, as opposed to being nominated. Such election is after the candidate in question has paid a fee and presented a petition in which they request to appear on the ballot to be elected. The election process should take six years, to ensure that citizens have the power to elect a judicial officer of their choice. The Judicial Council of Puerto Rico should oversee all these processes.
Ethical standards
Similar to attorneys, judicial officers have high ethical and moral standards in the society as compared to other professions. Simply put, this is because of the sensitive role they play as the custodians of the law. Although the ethical standard is not defined, there is a need that all judicial officers at all levels monitor their behavior and actions to ensure that they reflect a positive image to the constituents.
Circuit Courts
Next after the municipal courts will be the circuit courts. To define geographical jurisdiction, Puerto Rico will be divided into three regions. The first circuit court and the second circuit court will serve seven municipalities each. The third circuit court will serve six municipalities. It is crucial to note that the monetary jurisdiction of the circuit courts is higher than that of the municipal courts. In addition, all appeals from the municipal courts will be directed to the circuit courts. Alongside the circuit courts, Family Courts will handle family matters of the same level. Although these courts (circuit courts and family courts) are different, they are of the same level. They, however, do not have overlapping roles as their subject matter is defined and distinguished. Their correlation is based on their geographical jurisdiction, as opposed to subject matter jurisdiction.
Jurisdiction
Qualification of Judges
A person aspiring to be a judge of the circuit court ought to be an attorney, whose membership in the Puerto Rico Bar is of more than five years. Like the municipal judges, circuit judges will be elected, hence the need that they be residents of the circuits in which they want to be judges. A person from circuit A, for instance, will not be a judge in circuit B. All candidates will petition for their names to be in the ballot, then the citizens should vote. The one garnering the highest votes should become the judge. The term of a circuit judge should not be more than six years (Harrington, 2010). However, such judges holding office may decide to offer their candidature for re-election. Oversight and administrative functions in the circuits will be done by the chief judge. The chief judge will be selected by the other sitting judges to give him/her the responsibility of overseeing the operations of the circuit courts.
Ethical Standards
The ethical standards for all attorneys and court officers is the same: high. This is based on the sensitive positions they will hold in the community. Judges whose conducts, behavior and actions are inconsistent with the expectations will be punished by the Puerto Rico Bar.
Court of Appeals
Every legal system ought to have an appellate system (Juvenile Justice in Tennessee, n,d). In Puerto Rico, there will be two appellate courts: criminal appeals court and civil appeals court. Unlike the municipal and circuit courts, the court of appeals will have its geographical jurisdiction being the entire state. The jurisdiction extends to empowering the judges to issue writs such as prohibition, certiorari and mandamus. Unlike the circuit courts, the court of appeals will have the capacity to review actions of state agencies and other branches of the government.
At this level, hearings will not make use of witnesses, testimonies or juries. The appellant attorneys will present their submissions in an oral or written manner for the appellate judges to determine. Appeals should be strictly heard by a panel of three judges.
Qualification of judges
Qualification to be a judge in the court of appeals should be similar to those of the municipal and circuit courts. In addition to being an attorney, an aspirant ought to be a member of more than five years in the Puerto Rico Bar. No minimum age limits. However, there should be a maximum of seventy years for one to be a judge. Court of Appeal judges ought to be members of Puerto Rico, and appointment is by legislative election. Like other levels, the judges in the court of appeal will serve for a period of six years. They have an option of offering themselves to be re-elected through the legislative re-election process.
The ethical and moral standards of the judges of the court of appeals is high, similar to the standards in other judicial positions.
The Supreme Court
Most jurisdictions in the world have the Supreme Court as the highest court (Juvenile Justice in Tennessee, n.d). This will be the case with Puerto Rico. Unlike other levels of the court system, the composition of the Supreme Court will be seven judges. This does not imply that all the seven judges ought to participate in making decisions. As a matter of fact, five judges will be enough to review cases that are brought from other courts. In order for a position to be adopted by the Supreme Court, majority of the judges must be for it. For instance, if there are five judges reviewing a decision, three votes are enough to see a decision sail. If seven are sitting and reviewing a decision, then four judges will be required. The judges will chose among themselves a chief justice, who will ensure that all necessary operations are followed.
Jurisdiction
The Supreme Court jurisdiction in other states is well defined in their constitution. This will be the case with Puerto Rico. However, its jurisdiction will involve reviewing decisions of district courts which declare any section of the Puerto Rico constitution or statute invalid. This implies that the Supreme Court has the original and exclusive jurisdiction on the interpretation of the constitutional provisions.
The court’s jurisdiction will also entail reviewing (at its discretion) decisions from the municipal courts, family courts, circuit courts and courts of appeal. Because of this, the court will have authority to issue sensitive writs such as habeas corpus, quo warranto, prohibition and mandamus. Because of its position as the Supreme Court, its duties will involve advising the Puerto Rico Governor (upon request) on his constitutional duties and powers. It is also important to note that the Supreme Court will be tasked with promulgating judicial practices and guidelines of other lower courts. Such practices and rules are binding to all courts in Puerto Rico.
Appointment of Supreme Court judged
The Puerto Rico Governor will have the duty and powers to appoint the Supreme Court judges. Such appointment, however, should be within various parameters to ensure that only the qualified candidates can occupy the positions. Because of the sensitivity of the position, it is crucial to have in place strict qualifications that one must meet before they can be appointed to such positions. First, one must be a resident of Puerto Rico. Foreigners should not be considered for such positions. In addition, one must have been in the law practice for a period of not less than fifteen years. This enables them to have a better appreciation of the substantive and procedural law. Reviewing decisions of other courts calls for adequate experience and appreciation of the law. Despite this, it is important that these judges retire by the the time they are seventy years. This is crucial as it promotes continuity and inculcating of fresh ideas in the legal system.
Ethical standards
The ethical standards of the Supreme Court judges will be high. It will be similar to all other attorneys and judicial officers. This is because of the senior positions they hold in the community. Displinary measures to be taken against rogue officers and attorneys include: probation, public reprimand, suspension, disbarment and admonishment. Enforcement of the standards and investigations as to misconducts will be done by the Judicial Qualification Commission. This body should be independent in dispensing its duties.
References
Azmi, I. M., & Engku Ali, E. R. (2007). Legal Impediments to the Collateralization of Intellectual Property in the Malaysian Dual Banking System. Asian Journal of Comparative Law, 2(1). doi:10.2202/1932-0205.1031
Harrington, A. R. (2010.). Institutionalizing Human Rights in Latin America: The Role of the Inter-American Court of Human Rights System. SSRN Electronic Journal. doi:10.2139/ssrn.1980796
International Labour Law Rep, E. (2008). UNITED STATES OF AMERICA. International Labour Law Reports Online, 19(1), 75-94. doi:10.1163/221160299x00099
Juvenile Justice in Tennessee. (n.d.). PsycEXTRA . doi:10.1037/e508342010-004
Motes, P. S., & Nurse, J. V. (n.d.). Racial Disparities and the Juvenile Justice System in South Carolina. PsycEXTRA . doi:10.1037/e521512014-101
