New Puerto Rico Court System

The merits of Puerto Rico becoming a state have been hotly contested both domestically and internationally. The majority of citizens are opposed to obtaining a new status and are in favor of keeping the commonwealth status. The HR 2499 law was just approved by the house of representatives, giving the people the choice of statehood, independent association with the US, or independent governance. The current situation that the electorate is in is one of freedom of association. Numerous research reveal divergent viewpoints on the approach that the populace would choose; yet, it is significant that the majority of voters would choose statehood.  According to a study by the Herald State, about 22% of the residents preferred independence, about 30% would go for the independence with free association while the majority (58%) settled for the statehood. Development of a new state requires establishment of suitable structures of the government, and one of the most important structures is the judicial system. The article herein offers a discussion on the creation of a judiciary that would best suit Puerto Rico Court if they acquire the statehood that was recently approved by the Congress.

The Current Judicial System

In designing a new judicial system, it is imperative to discuss the existing structure of courts first. Examination of the existing structures would help in understanding the current structures, after which improvements can be made where necessary. The present judicial system in Puerto Rico just like the other states has the Supreme Court at the highest level. Supreme Court managed by seven judges all of whom are appointees of the Governor. Court of Appeal is the second in the hierarchy with a total of thirty-nine judges sitting on the jury. Next are the District and Municipal courts which are all represented by at least a judge. It is important to note that the number of judicial districts is 12, all of which are served by a central District Court (Clark & Rogers, 2015). The court system majorly employs personnel with ideas on legal matters. The junior players in the Court system include clerks, court reporters, and probation officers. According to the Law Teacher (2016), the senior officers, on the other hand, include the US Attorney, Marshall, Magistrates, and the bankruptcy judges and the lowest hierarchy.

The Proposed Structure of the New Puerto Rico Court System

In formulating the set up for the Court System in Puerto Rico state, ideas are borrowed from the judicial systems in the states of South Carolina, Florida, and Tennessee (Nick, 2013). Modeling of the Supreme, Appellate, Circuit, and the Juvenile/Family Courts, I will borrow the concepts from the States of Florida, Tennessee and South Carolina respectively. The states were identified because Tennessee has does not combine the cases concerning family and juvenile issues while State of the South Caroline has a single Court System for family and juvenile cases (Carroll, 2016). The Municipal Courts are modeled from the systems in Tennessee and Florida Courts. The plan for the system will involve discussions from the lowest Courts all the way to the highest Supreme Court structures. As it stands now, Puerto Rico state has the Municipal Courts at the lowest level, with a total of 78 Municipalities (Rivera, 2015). According to a presentation by Rivera, Puerto Rico was to have the Municipal courts structured centrally to enhance service delivery to all the citizens in a more equitable manner. The proposal by Rivera would form the basis for my construction of the municipal courts. The design would involve the full implementation of the plan leading to the creation of 20 municipality courts instead of the 78 that are currently existing.

The municipal courts will be expected to litigate on issues related to municipal ordinance according to the national statutes. The judges will also be required to exercise their jurisdiction on hearing civil dispute matters such as tort contracts, and real property disputes involving things whose values do not surpass $20,000 as it is done in the Florida Court systems. Also, the courts will not have authority over the municipal ordinances that are already are within the jurisdiction of the state laws (Gutiérrez, 2016). In circumstances where there would be cases touching on the state laws, the Circuit Courts will have a jurisdiction and a right of refusal to get involved in the cases. The trials at the municipal courts will not include the jury, and instead, only one judge will be required to listen and make a ruling on all the litigations.

Municipal Judges

The Municipal judges will have to possess a minimum qualification of having served as an attorney, and a member of the Puerto Rico Bar for five years and above (Clark & Rogers, 2015). The maximum age limit will be 70 years while the minimum age requirement will be open for all adults. In addition to these demands, the prospective candidates will also have to be residents of the municipalities that they intend to serve as it happens in the state of Florida (Rivera, 2015). The selection panel must be people of unquestionable integrity, besides being nonpartisan and without a political affiliation. The guidelines for the selection committee has to be like this to ensure that both selection and retention processes are by merit (Colón, 2015).

The candidates are expected to pay a fee or present a petition to be included on the ballot. For the candidates submitting a request, the condition is that the document has to be signed by a minimum number of Puerto Rico residents’ equivalent to 1% of the total voters in the Municipality of interest. The signatures of the electorate are an indication that the residents have endorsed the judicial candidate to go for the position. The elections for the post of a municipality judge will be held after every six years with the winner being decided based on simple majority criteria. After serving for the stated duration of time, the judge will be required to undergo the same selection process for a possible reelection (Law Teacher, 2016). If a need for an interim judicial vacancy arises, the Judicial Council will nominate three people, and then forward the list to the municipal council to vote for the replacement.

The Circuit Courts

Geographically, the judicial system will be divided into three, on a one-third –two- third criterion. The decision means one Court for six municipalities, and two for seven districts. The family courts will be established alongside the Circuit Courts to handle the family-related issues within the cities. However, the Courts will serve in such a manner that there would be no overlapping on matters regarding the subject matter to be attended to by the judges of each Court category (Clark & Rogers, 2015). The fact that the courts will have locations in nearly the same localities would only mean that they share the same geographical establishment and not the subject matter jurisdiction. The Circuit courts will deal with issues that touch on the civil and criminal issues that cannot be handled by the Municipality Courts either because of being more weighty or because the state laws do not permit them to do so (Nick, 2013).

Jurisdiction

The Circuit Courts will be the highest court where trials are done, besides hearing the appeals from the Municipality courts. A jury will listen to the trials except for the appeals from the lower courts. Also, the trial will be handled by a one-judge bench, while the appeals heard by a three-judge tribunal. The death penalties will be excluded from the new Puerto Rico state judicial system, just like it stands in the current Commonwealth system (Law Teacher, 2016). The civil cases within the jurisdiction of the circuit courts will be those that involve a value more than 20,000 dollars to allow more room for the lower courts to handle other disputes. Apart from the civil disputes, the Courts will also listen to other public matters like tax disputes, states, mental health issues, and rights legal rights disputes (Gutiérrez, 2016). In certain circumstances, the Circuit courts will issue injunctions in situations where there would need to prevent acts that are considered to be going against the demands of the state laws and regulations. For the felony cases, the jurisdiction will be exclusive, but the writs of certiorari will be issued by the courts where necessary, as it is done in the Florida states.

The Circuit Court Judges

Those who are applying to be circuit judges will have to satisfy a laid out criterion. Indeed, one only qualifies to be a circuit judge after having served as an attorney in the Puerto Rico Bar for five years and above (Colón, 2015). Just like as the case with the municipal judges, one will have to be a resident of the judicial circuit to be occupied. The criterion for one to appear on the ballot for selection is carried out the same way as it is done for the Municipality judges and once in the ballot, the residents of the Puerto Rico who are registered as voters will cast their votes, and the candidate with the majority votes declared the winner. The elections will be conducted in a free and fair manner, and the judges will be expected to serve for six years and below (Clark & Rogers, 2015). There are chances of chances and reelections just like the case of the municipality judges.

The administration of all the circuit courts will be under the jurisdiction of a chief justice selected by all the resident judges to oversee the management of cases and other administrative matters ( Law Teacher, 2016). For the interim judge vacancies, the handling slightly deviates from the way it is done in the Municipalities. In fact, unlike the temporary district judges, the judges here will be selected by the Judicial Selection Commission after-which a list of three nominees will be taken to the legislature to vote, and elect the interim judge (Nick, 2013).

The Family Courts

As stated earlier, the organization of the family courts will follow that of the Circuit courts since the geographical distribution, location and jurisdiction will be the same. The family courts will now deal with domestic and juvenile cases. Also, the family courts will have a jurisdiction over the traffic cases considered criminal, but committed by the people deemed to be juvenile. With regards to the domestic situations, the family courts will hear cases of marriage, divorce, separation, child trafficking, adoption and marital property (Carroll, 2016). Criminal cases that cannot be handled by the family courts may be because they are considered to be more weighty will be referred to the circuit courts. The family court judges are selected on a criterion similar to that of the Circuit judges, including the selection of the interim judge.

The Courts of Appeal

The new Puerto Rico state will have two judges at the court of Appeal. The courts of appeal will be categorized into two: Court of Criminal Appeals (dealing with the appeals on criminal offenses) and the Court of Civil Appeals (dealing with appeals on matters of public interest). The Criminal appeals will have a geographical jurisdiction across the state of Puerto Rico. Also, the courts of appeal will have the power to issue all the writs required for completion of their authority at the district levels. Furthermore, the Courts of Appeal will be responsible for reviewing the government state agency functions, and actions and the reports are considered final though the litigants are allowed room to request a further review by the Supreme Courts. However, it is not a must that the Supreme Court listens to cases arising from disputes of the Court of Appeal ruling. Cases at the Court of Appeal will not involve the use of witnesses, juries or even testimonies but instead, only a presentation of oral and written litigation will be considered. The written statements and arguments should be the presentations of the attorneys (Gutiérrez, 2016).

Court of Appeals Judges

For an individual to be eligible for the position of a court of Appeal court judge, he/she will have to meet the minimum five-year service as an attorney requirement (Rivera, 2015). The membership to the Puerto Rico Bar for at least five years will also apply. The minimum age limit does not apply just like as the case with the other lower courts-this means that any attorney who has met the conditions highlighted above will be eligible to apply for the position of the Court of Appeal judge irrespective of the age. However, those whose ages are above 70 years will not be considered for the post of the court of appeal justice. Those willing to be judges will also have to be residents of Puerto Rico. The appointments of the judges will be based on merit, and the process will be carried out through a legislative election criterion.

Reelection/Retention of the Judges

Duration of service for the selected judges will be a minimum of six years, after which they can be considered for a legislative reelection or retention (Clark & Rogers, 2015). For the judges who have already served and would like to be retained or reelected, they will have to write a request to the Judicial Selection Commission expressing their interest, and then the Commission will investigate their background to determine their track records and hence suitability. One-on-one interviews will then follow the investigations, and finally the examinations on the court procedures. The purpose of the studies is to provide a thorough screening for the prospective candidates. After the due process, the Selection Commission will write a report that provides a summary of the qualification and suitability of the candidate for the position of interest. The process will be succeeded by a nomination of three qualified candidates, whose names would be forwarded to the Legislature for selection and further appointments.

The Supreme Court

The Supreme Court will be highest in the judicial hierarchy in Puerto Rico (Rivera, 2015). The Supreme Court will comprise of seven judges, and five of the judges will form part of the team that regularly participates in the review of cases referred from the Courts of Appeal. For decision-making procedures, all the seven judges will be required to take part, and the decision will be made on a four vote’s basis, meaning that the idea agreed upon by four participating judges will take the day. For the administration and management of the Supreme Court activities, one of the judges will be selected on a majority vote basis to work as the Chief Justice deputized by a senior justice, who will always act as the president of the Supreme Court in case the chief justice is absent (Carroll, 2016). The position will be maintained by a particular individual for two years, after which a new judge will take over.

Jurisdiction of the Supreme Court

The areas of operation of the Supreme Court will be outlined clearly in the Constitution of the state. The court will be established with the sole responsibility of reviewing the decisions of the District Courts that consider parts of the state statutes or constitution invalid. The Court will also examine at its will the actions of the Court of Appeal, and other lower courts upon request by the litigants in the cases. However, most of the cases to be reviewed will be expected to be those that cannot be handled by the Court of Appeal (Law Teacher, 2016). The authority of the Supreme Court to issue writs necessary for completion of its jurisdiction will be ultimate and will not involve any consultation. The Governor of the state will also be at liberty to seek a constitutional advice from the highest court of the state. The Supreme Court will also be the responsibility of ensuring full implementation of the rules and regulations concerning the administration and management of the lower courts.

Appointment of Judges

The justices of the Supreme Court will be selected by the Governor of the Puerto Rico state. The prospective candidates will be required to apply, but before application, they will have to qualified electors, residents of the state and must have qualified to practice law for the past ten years (Carroll, 2016). The judges will have to retire at 70 years of age, after serving for at least six years. There will be no room for another appointment into the same position. However, the judges will be given an opportunity to request for an early retirement and apply for re-appointment in case their term expires before attaining the retirement age. Those seeking retention will have to make applications through the Judicial Merit Selection Commission which then forwards the list to the governor for consideration for selection. In cases, where the governor delays to make an appointment, the nominees will be transmitted to the state legislature for selection.

Strict Ethical Standards

To ensure sobriety and proper practice, the state of Puerto Rico will have a judicial system governed by strict ethical standards. There will be a judicial service branch to ensure that the enforcement of the rules is done following the law thus protecting the public against the unethical legal exploitations. The Puerto Rico Bar Association which is already a well-established organization will assist the ethics body and is always responsible for ensuring discipline within the legal practice fraternity. The conduct of judges will be managed by the Judicial Qualifications Commission which is an independent body.

Conclusion

The structure discussed in this paper will give a structure that will best suit the new judicial structure and processes of the new Puerto Rico state. However, it would be imperative to note that the newly founded state would require an improvement on the already existing structures to ensure continuity and avoid unnecessary complications in the process of the establishment such as opposition by the citizens. Therefore the Commonwealth status will have to honor and any changes made in an appropriate legal manner. The proposed system will take care of the people’s needs as well as giving the governor a chance to take part in the judicial process by selecting the judges of the Supreme Court.

References

Carroll, K. S. (2016). Understanding Perceptions of Language Threat: The Case of Puerto Rico. Caribbean Studies, 44(1), 167-186.



Clark, C. E., & Rogers, W. D. (2015). The New Judiciary Act of Puerto Rico: A Definitive Court Reorganization. The Yale Law Journal, 61(7), 1148-1171.



Colón, S. (2015). Puerto Rico: Still in the Spotlight. American Bankruptcy Institute Journal, 34(6), 14.



Gutiérrez, D. G. (2016). A historical overview of Latino immigration and the demographic transformation of the United States. The New Latino studies reader: A twenty-first-century perspective, 108-125.



Nick, R. (2013). Structure matters: The impact of court structure on the Indian and US Supreme Courts. The American Journal of Comparative Law, 61(1), 173-208.



Rivera, M. L. (2015). Chief Justice of Puerto Rico's Supreme Court: A Gubernatorial Appointment or a Court Election. Rev. Jur. UPR, 84, 1077.



Teacher, L. (2016, July 7). The Puerto Rico Court Systems Administrative Law Essay. Retrieved July 26, 2017, from LawTeacher.net: https://www.lawteacher.net/free-law-essays/administrative-law/the-puerto-rico-court-systems-administrative-law-essay.php?cref=1