The Puerto Rico Judiciary: A Model State System - Research Paper Example

The Puerto Rico Judiciary: A Model State System The Commonwealth of Puerto Rico consists of Puerto Rico among other minor islands. It covers an approximate area of 13,780 square kilometers whereby 8,860 square kilometers is the mainland while approximately 4,900 is the area covered with water. In general, the country is mountainous and also has 17 lakes, all of which are man-made lakes. Puerto Rico is located close to the tropics, therefore; they experience an average temperature of 28 °C. Furthermore, Puerto Rico has become home to numerous individuals who have immigrated from the Dominican Republic. According to the Census Bureau in U.S., the inhabitants of Puerto Rico were estimated to be 3,706,690 by 2011. Puerto Pico also has 78 municipalities, which are headed by mayors with the help of the municipal legislature (Rivera 1). The judiciary is the arm of the government which is dedicated to protecting the fundamental rights that are defined in the constitution. In this case, Puerto Rico is considered as an independent commonwealth which is in union with the United States. The chief of state in this case is the President of the U.S. (The Judicial Branch of State Government 1). This system also consists of a head of government who is normally the governor. The judiciary system also comprises of two legislative chambers (The Judicial Branch of State Government 1). The legislative chambers include the House of Senates and Representatives which comprise of 51 seats and 27 seats respectively. This research paper will employ several current court systems to develop Puerto Rico’s system. This research will come up with a favorable court system for Puerto Rico. According to research, the court system in Illinois comprises of the Supreme Court which is considered as the highest tribunal. The Supreme Court has seven justices who operate for a period of 10 years. These justices are elected by different bodies (The Library of Congress 1). The first three justices are elected by the First District which is also known as the Cook County. The other judges are elected from the other four districts. In Illinois, the Supreme Court has supervisory authority and a general, administrative role over all the other courts in the country (The Library of Congress 1). The authority in the judiciary system is exercised by the Chief Justice with the assistance of the staff and the administrative director of the Supreme Court. The Supreme Court deals with appeals from lower courts among other cases. They also have appellate powers that usually deal with the appeals from the Circuit Courts. In fact, the Illinois Courts Commission comprises of a single Supreme Court Justice, two Circuit Judges, two Court of Appeals Judges, and two citizens who have the authority to participate in a public hearing (The Library of Congress 1). In Illinois, the Circuit Court is also known as the Unified Trial Court. The Unified Trial comprises of Circuit and Associate judges (The Judicial Branch of State Government 1). The Circuit Judges hear cases which are assigned to them by the Chief Judge (The Library of Congress 1). On the other hand, Associate Judges preside over criminal cases. Further research on the Missouri Court System proves that the courts in Missouri are divided into three main levels. These levels include the Supreme Court, the Circuit courts and the Court of Appeals. This is the same system in a majority of nations. The circuit judges are usually appointed by the governor (Court Statistics Project 1). They are also supposed to be at least 30 years old. They earn an annual salary of $108,000 while associate judges earn $96,000. The associate judges in Missouri retire at the age of 70 years. Missouri also has municipal courts. The salary of the municipal judges is determined by the local statue. Cities with over 400,000 citizens are supposed to have a municipal division (Court Statistics Project 1). The Court of Appeals is the second level of the judicial system in Missouri. This jurisdiction acts with the aid of the Court of Chancery. This Court of Appeals has jurisdiction over the appellate cases unless stated otherwise by the Supreme Court. Lastly, the Supreme Court in Missouri acts in line with the Office of the State Courts Administrator (OSCA) (The Library of Congress 1). The OSCA is divided into five different divisions. These divisions include Information Technology, Juvenile and Adult Court Programs, Court Services, Administration and Budget and Judicial Department Education. The OSCA is supervised by the Supreme Court that ensures that the integrity of the constitution. The issue of maintaining the integrity in the court system of Missouri led to the formation of the Commission on Retirement, Removal, and Discipline of Judges. This Commission is entirely liable for investigating complaints and suggestions based on the retirement of judges (The Judicial Branch of State Government 1). If this Commission comes across any predicament, it files an exclusive report to the Supreme Court where a ruling is met by the jury. The Supreme Court has also established other Committees, which are responsible for the protection of the public (The Judicial Branch of State Government 1). The court system in Puerto Rico is made up of four levels. They comprise of a Supreme Court, a District Court (criminal and civil), Court of Appeals and a Municipal Court. In Puerto Rico, the highest court is the Supreme Court which consists of six associate justices and chief justice. These justices are appointed by the governor just like the rest of the judges. The judges are usually appointed with the consent of the senate, and they usually serve in the judiciary until a retirement age of 70. The Supreme Court can be allowed to sit in separate panels for different purposes. However, this is not allowed in cases dealing with matters of commonwealth law. In such cases, the how body assembles to discuss the matter at hand. The decisions of the Supreme Court in Puerto Rico pertaining to the constitution of the United States can be petitioned at the Supreme Court (Library of Congress 1). The judiciary system in Puerto Rico also comprises of the Circuit Court which is made up of 33 justices. These justices are also named by the governor in line the approval of the senate decisions of the court. The Circuit Court of Appeals, created in 1994, is a conciliator tribunal between the Supreme Court and the lower courts. This tribunal is located in San Juan. San Juan is considered as the seat of the U.S. District, regional, Court for Puerto Rico (The Judicial Branch of State Government 1). This seat is equal to the same jurisdiction as the federal district courts on the mainland in the United States. In Puerto Rico, there are nine superior courts. These courts are the main trial courts of Puerto Rico. In 2003, the superior courts were alienated into 13 diverse districts. These courts have a unique jurisdiction in most of the civil cases that do not exceed $10,000 (Court Statistics Project 1). This also applies in minor criminal cases. The municipal judges serve for a period of five years in the rural areas where they decide over cases involving local ordinances. The district courts also deal with some of the common preliminary motions that are considered as serious criminal cases. The death penalty in their constitution is forbidden. However, this case depends on the crime committed and the Federal Death Penalty Act (Rivera 1). Puerto Rico has full authority over matters regarding internal affairs. The United States controls foreign relations, interstate trade and commerce, control of air, land and sea, customs administration, immigration and nationality and citizenship. It also controls emigration, currency, military service, maritime laws, military bases, navy, army and air force, constitutionality of laws, jurisdictions and legal procedures, declaration of war, radio and televised communications. Finally, the U.S government oversees international treaties, mining and minerals, agriculture, postal system highways and social security (Rivera 1). The institutions in Puerto Rico control internal affairs unless the law of the United States is involved. This involves matters pertaining to public health and pollution. The major differences between Puerto Rico and the other states are the exemption of certain aspects of the Internal Revenue Code, lack of voting representation in either house of the Congress (Senate and House of Representatives), the ineligibility of Puerto Rico citizens to vote in presidential elections, and lack of assignations of some revenues reserved for the states (Rivera 1). Puerto Rico also has a regional (district) court that can be compared to those in found, in the states of U.S. The district courts have at least one district judge and several regional associates. They also have a U.S. Attorney, a clerk, a U.S. Marshall, Magistrates, bankruptcy judges, court reporters, probation officers and their staff. The government of Puerto Rico, which is located in San Juan, is embodied by 2 district judges and the procurator, who is elected by the President of the United States (Court Statistics Project 1). The Federal Court has final authority, appellate powers, of the ELA. The region is not split into counties. However, it has 78 municipalities. The municipalities are governed by an elected mayor with the help of the municipal assembly. Puerto Rico has only one resident commissioner, who has no voice or say in the Congress of United States (Rivera 1). The mayor usually elects a treasurer and a secretary-auditor. Puerto Ricans cannot vote in the United States presidential elections. Originally, most of the judges in the courts were elected by the governor and confirmed by the Senate. However, this method was not welcomed by most individuals. Therefore, this system has to be eradicated so as to allow citizens to vote when choosing the judges. This exercise can be performed by the judiciary board. The Puerto Rican Supreme Court is supposed to handle most of the appeal cases (Court Statistics Project 1). These appeals can be made by the administrative agency and the civil body. The Court of Appeals also deals with the same cases encountered in the Supreme Court. Lastly, the municipal and district courts deal with minor criminal offenses such as domestic relations, infraction, and ordinance violence among other claims up to $5,000 (Court Statistics Project 1). Among the law courts, there are diverse levels of courts. The criminal cases usually begin at the state trial courts. Taking pleas, conduction of trials and setting bails is performed in the trial courts. These courts are also known as lower courts, because they have limited jurisdiction. According to various sources, these lower courts only hear less serious criminal cases such as misdemeanors, traffic violation, family disputes and small claims. The next state court is the state appellate courts where most cases are appealed. The appellate court is also known as the court of appeals (The Judicial Branch of State Government 1). All states in the United States have a Supreme Court, although some of them have the intermediate appellate courts which serve the same purpose as the Supreme Court. The Supreme Court in Puerto Rico deals with several kinds of crimes. In some of the countries, the Supreme Court is known as the Court of Last Resort (Rivera 1). Supreme courts usually have either five to nine justices on the panel, which can hear the trials. However, the number of the jury depends on the country and the constitution of the state. In most cases, the Supreme Courts mostly hear the lower level court cases. For example, they hear issues and rulings that deal with the state or statutory issues. If the Supreme Court is not able to hear these cases, then, they are heard by the Federal Courts. The federal courts are considered as the last option (The Library of Congress 1). Federal courts are also existent under the constitution of the United States. The Federal Courts usually settle disputes among different states. Federal Courts have three vital court levels. These Federal Courts include the District courts, the Courts of Appeal and the Supreme Court. These courts play a significant role in the government of government (The Judicial Branch of State Government 1). The District Courts have the ability to handle trial court cases that are used by the federal court systems. There are two supplementary courts within the trial courts that handle different jurisdictions. One of the courts handles other international courts and oversees the customs and trade-related issues. The other court deals with monetary among other damages within Puerto Rico. The trial courts have certain limitations, which are set by Congress. These courts also act according to the jurisdiction to listen to all civil matters. In the United States, there are approximately 90 different federal districts. The number of districts in a state relies on the capacity of the state. Some cases have the original jurisdiction over the cases which are in violations of the federal statutes (Court Statistics Project 1). The district courts comprise of 650 judges because they are considered as the busiest courts in a state. The other courts are made up of 27 judges working with them due to their low pace (Court Statistics Project 1). These judges are supposed to be appointed by the president. They serve for the rest of their life. The district courts in Puerto Rico were established due to the augmenting number of cases in the Supreme Court. The next federal court is the Court of Appeals. In these courts, there are 94 judicial districts which are made up of up to 12 regional courts. These courts are also known as the circuit courts. There can be up to 12 judges depending on the case load to be addressed. These courts usually hear cases from diverse criminal appeals, which include the district courts. The cases in these courts are usually heard by a panel of court judges. In the Court of Appeals, the judges earn an annual salary of up to $120,000 (The Judicial Branch of State Government 1). They usually serve for a period of 15 years. The judges should be elected by a nonpartisan judicial commission. Lastly, the Supreme Court, which is the highest court in Puerto Rico, hears exceedingly few cases. The Supreme Court of Puerto Rico was instituted by the Foraker Act. This court has been maintained by the constitution of Puerto Rico since 1952 (The Judicial Branch of State Government 1). The main reason why the Supreme Court handles fewer cases is because the court only allows a specified number of cases to be reviewed. The judges in this court can be elected through election except for the judges who are nominated by a nonpartisan judicial commission. These judges serve for a period of four years. This court is also expected to meet the same requirements as the Court of Appeals. The 20th century marked the introduction of lower courts in Puerto Rico. The cases handled by the lower courts can be appealed from the municipal courts to the district courts (The Library of Congress 1). The military regime in Puerto Rico promulgated a system whereby all Courts of First Instance and the Criminal Courts were replaced by five different courts that are located in Arecibo, Humacao, Ponce, San Juan and Mayaguez (Rivera 1). Nowadays, most of the decisions of the Supreme Court in Puerto Rico are reviewable by the Supreme Court of the United States under a writ pursuant of certiorari when a federal law is involved. In conclusion, the dual court system is an extremely efficient system in the court systems. This is because, without the dual court system, most cases will take an exceptionally long period to be handled by the judiciary body. Therefore, the dual court system is highly beneficial to the process of hearing cases. In overall, all cases will be solved efficiently with the dual court system. This will also aid in addressing the conflicts that occasionally arise between the Puerto Rico and the Federal Court (The Judicial Branch of State Government 1). Works Cited Court Statistics Project. Puerto Rico. United States: Court Statistics Project Press, 2009. Web. Rivera, Magaly. Welcome to Puerto Rico. San Juan: Magaly Rivera Press, 2012. Web. The Judicial Branch of State Government. Supreme Court. Missouri: Missouri Courts Press, 2012. Web. The Library of Congress. Primary Documents in American History. United States: Congress Press, 2012. Web. < http://www.loc.gov/rr/program/bib/ourdocs/Constitution.html> Read More