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Rhode Island is one of the nation’s smaller
states in both land mass and population. But its judicial Web site is
a big help to anyone who might find himself faced with a date in a
Rhode Island courtroom.
Rhode Island Supreme Court
Rhode Island’s court of last resort, the Supreme
Court is the place where a final decision is reached on questions of
law and equity in the state. The court fields appeals from Superior
Court and Family Court, and also will hear some matters on appeal from
the Rhode Island District Court and Workers’ Compensation Court.
The Supreme Court also has supervisory powers
over all other state courts, including the judicial budget, and it
serves a general advisory role to the legislative and executive
branches of state government concerning the constitutionality of
proposed legislation. The court also supervises the process of
admitting attorneys to the Rhode Island bar, makes the rules for
practicing law and operating courtrooms in the state, and can
discipline attorneys and judges who violate those rules.
The court is composed of five justices who
usually sit “en banc” – that is, all of them in session together – for
the first full week of each month, except in the summer, to hear oral
arguments of appeals. During oral argument week, the court hears cases
that are scheduled for each day, one after another. The public is
welcome to attend oral arguments on the seventh floor of the Licht
Judicial Complex, 250 Benefit St., Providence.
Once oral arguments have been heard, justices
will
render an opinion based on those arguments, prior case records and
any new briefs filed by attorneys on both sides of the case. An
archive of the court’s
orders also is kept online.
The court currently is composed of Chief Justice
Frank J. Williams, and justices Maureen McKenna Goldberg, Francis X.
Flaherty, Paul A. Suttell and William P. Robinson III.
Rhode Island Superior Court
Rhode Island’s
Superior Court system provides the state’s trial courts of general
jurisdiction. The superior courts have original jurisdiction in all
felony proceedings, civil matters valued at $10,000 or more, and
matters of equity. Its jurisdiction is concurrent with District Court
in civil matters valued between $5,000 and $10,000.
Superior Court also serves as an appellate court
for civil and criminal cases appealed from District Court. In the case
of these appeals, a trial de novo (completely new trial) is
held in Superior Court. That is different from many appellate courts,
wherein the decision on the appeal is reached by reading the record of
the prior court’s proceedings, receiving briefs from attorneys and
perhaps hearing oral arguments but with no witnesses on the stand. The
superior courts also are appellate venues for cases arising from
decisions made by municipal and probate courts, and governing bodies
such as local zoning boards.
Superior Court has concurrent jurisdiction with
the Supreme Court in writs of habeas corpus and mandamus. Appeals from
Superior Court are taken directly to the Supreme Court.
Rhode Island has but five counties, and they are
divided into four Superior Court districts. Kent, Washington and
Newport counties have their own superior courts, while Providence and
Bristol counties are combined in a two-county district.
Rhode Island’s Superior Court has made several
progressive steps in changing the state’s judicial system. In the past
10 to 15 years, the superior courts have instituted a new Gun Court
(the first of its kind nationally, cutting by two-thirds the amount of
time it takes for gun-related crimes to be heard in court),
Drug Court to rehabilitate rather than just punish
substance-abusing offenders, and a Court-Annexed Arbitration Program,
which seeks quick resolutions to civil disputes less than $100,000.
Rhode Island Superior Court
decisions and
orders can be found online.
Rhode Island Family Courts
Rhode Island’s Family Court system was designed
to focus attention on issues that trouble families and children. Its
goals are to assist, protect and, if possible, restore families whose
well-being is threatened.
The courts also are to ensure that children
within their jurisdiction receive the care, guidance and control
necessary to safeguard their welfare and development, and to serve the
best interests of the state.
When children are removed from their parents’
home, the court seeks to provide them with high-quality care in a
variety of court-approved settings.
Family Court has jurisdiction to hear petitions
for
divorce (and can provide
divorce mediation), and many motions in conjunction with such
proceedings, including property distribution, alimony, child support
and child custody. Judges in Family Court also hear petitions for
separate maintenance and complaints regarding support for parents and
children. The court has jurisdiction over matters relating to
delinquent,
truant, wayward, dependent, neglected, abused or mentally
deficient or disordered juveniles. It also has jurisdiction over
adoptions, “child marriages,” paternity proceedings and other matters
involving
domestic violence, domestic relations and juveniles.
Family Treatment Drug Court and
Juvenile Drug Court also fall under this court system’s umbrella.
The Court Appointed Special Advocate program plays a vital role in
providing a safe and fair environment to children caught in the court
system.
Appeals from Family Court are taken directly to
the
Rhode Island Supreme Court.
Rhode Island District Courts
Most people who find themselves in a Rhode Island
courtroom, find themselves in
District Court. Thus, the system has been organized into
five divisions to provide localized service and access.
District Court jurisdictions include
small claims,
landlord/tenant disputes, violations of municipal ordinances and
regulations, and misdemeanors when the right to a jury trial in the
first instance has been waived. If a defendant invokes his right to
jury trial, the case will be transferred to Superior Court. Appeals
from District Court go to
Superior Court for a trial de novo.
Hearings on the involuntary hospitalization of
individuals suffering from mental health and substance abuse issues
also fall under District Court jurisdiction. The court hears appeals
on orders of compliance with subpoenas and rulings from the state tax
administrator’s office and several other regulatory agencies and
boards. And, District Court handles cases involving violations of
state and local housing codes except where a Municipal Court has been
established for these matters. Decisions in all these matters are
subject to review only by the
Rhode Island Supreme Court.
RI Workers’ Compensation Court
Rhode Island in 1991 established
Workers’ Compensation Court to decide all disputes between injured
employees and their employers relating to workers’ compensation
benefits. The system is intended to assure that employees who merit
benefits, receive them, and that workers who are not or are no longer
disabled to not continue to receive workers’ compensation benefits at
unfair expense to the employer.
The court’s
roster of judges, its
calendar and its
decisions are available online.
Rhode Island Traffic Tribunal
Sweeping changes to the Rhode Island justice
system eventually led to the establishment of the
Traffic Tribunal under the Rhode Island Traffic Safety and
Accountability Act of 1999. Prior to 1975, all traffic offenses in the
state, except parking violations, were criminal offenses (either
misdemeanor or felony). With the establishment of the Administrative
Adjudication Division of the Department of Transportation, most of
these offenses were decriminalized and placed under the jurisdiction
of that quasi-judicial body.
In 1992, the Administrative Adjudication Court
succeeded the AAD. Now the courts are known as the Traffic Tribunal,
and while they are presided over by magistrates rather than judges,
the system is administrated by the chief judge of the
District Court. |