Puerto Rico New Court System

Puerto Rico’s New Court System.

Nathanael Hernandez

Columbia College

Judicial Process (POSC 340)

September 18, 2015

Puerto Ricans are very proud of their rich culture, many talented people have come out of the Island. Puerto Rican singers are some of the most famous and loved among the Latino culture, people born on the Island even make the distinction of those of Puerto Rican descend born in America, calling them “New Yorikans,” the ones born in Puerto Rico will tell anyone they are “Boricuas” (Puerto Rican) before they are Americans. To many this might sound arrogant or unpatriotic, but it can be hard to let go of cultural roots that are many centuries old. And to prove they do have loyalty to the United States, many of them have served in the armed forces and many of them are wearing the uniform very proudly today.

   La Isla del Encanto (Isle of Enchantment) as Puerto Rico is known among Latinos, was discovered on November 19, 1493 by Christopher Columbus. The Taino Indians were the first inhabitants of the island, they called it Boriken, which means: “the great land of the valiant and noble Lord.” Puerto Rico has a population of 3,978,702; it has a total area of 9,104 sq. km (3,608 sq. mi), approximately three times the size of Rhode Island. On March 2, 1917 President Woodrow Wilson granted Puerto Ricans U.S. citizenship under the Jones Act. This citizenship was granted by an act of Congress, not by the Constitution, in other words it was not guaranteed. In 1940 the U.S. Nationality Acts  statute on naturalization was amended by Congress. Everyone born after said year had their U.S citizenship protected under the Constitution. In 1951 Puerto Rico was granted  through a referendum the right to draft their own constitution, making them a Commonwealth. The people of Puerto Rico posses all the rights and obligations of those living in the mainland, Puerto Rican’s pay towards social security, they are entitled to receive welfare and serve in the armed forces. One of the most notably differences is that of having representation in the U.S. senate and the right to vote in presidential elections.

   The Island has placed their relationship to the United States to a vote four times, in 1967, 1993 and 1998 all referendums failed. In 2012 the last time the vote was conducted, the people supported the idea for statehood. The benefits of becoming the 51st State are more than the disadvantages; the quality of life will improve. Becoming a State would allow them to benefit from an extra $20 billion a year in federal funds, corporations doing business in Puerto Rico are exempt from paying taxes, Puerto Ricans do not pay federal taxes, once a State, both loopholes would disappear, benefiting the government tremendously. Statehood would give Puerto Rico more say in the political arena, because the size of its population, Puerto Rico would have 9 electoral votes in elections. Not to mention representation in the senate and the House of Representatives, in addition to being able to vote. Another one will be a more open trade market with all of the U.S.A’s alliances; this would stimulate their economy as well.

   Although Puerto Rico has a certain amount of autonomy, the U.S. Constitution states that each territory of America is ultimately governed by the U.S. Congress and the President. Puerto Rican law is modeled on the Spanish Civil law for the most part, but due to the its relationship with the United States it has incorporated the Common law system used in America. Civil law is applied for family law, divorce, child custody, real property law, and contractual law, among others. Common law is applied to constitutional law, bankruptcy law, federal criminal procedures, etc.

   Today Puerto Rico has two legislative chambers, the House of Representatives, 51 seats, and the Senate, 27 seats. The Chief of the state is the President of the United States. This structure is very similar to that of Stateside, given the fact that the population in the U.S. is higher than in the Island, both the House of Representatives and the Senate have more seats.

   The court system in Puerto Rico has many similarities to some States in the Union. At the top of the judicial hierarchy is the Supreme Court. Seven justices that are appointed by the Governor lead it. The next lower level is the Court of Appeals in which 39 judges currently sit. Next are the District Courts and Municipal Courts. Puerto Rico has 12 judicial districts and a District Court in which each district is represented by at least one judge. The court system also employs a variety of other court players such as clerks, probation officers, and court reporters. Additionally, there is a United States Attorney, a United States Marshall, United States Magistrates, and bankruptcy judges. The Court systems of South Carolina, Florida and Georgia are very close to what Puerto Rico uses.

   The municipal Courts in Puerto Rico are lower courts. Lower courts in America also include, magistrate court, justice of the peace court, and traffic court. These tribunals handle only minor civil cases. Puerto Rico currently has 78 municipalities, for an Island that is approximately 100 miles long and 35 miles wide, 78 municipalities is too excessive. It would be more convenient to merge some of them in order to lower the number. This would reduce the problem with jurisdiction. The Island can be divided into North, South, West and East counties. Each county will have 5 municipalities in them.

   Municipal courts will have jurisdiction over misdemeanors and civil disputes. The judge for these courts has to have a license to practice in Puerto Rico, fluent in both English and Spanish language. They need to be a resident of the municipality they want to run. The people will vote judges in; they have to run as a non-partisan candidate. If they perform with integrity, fairness and honesty judges will continued to serve for a maximum of six years. Judges can run again for the seat if they wish to do so.

   Circuit courts will be established as follows. The Circuit court will continue to be the highest trial court in Puerto Rico. There will be two circuit courts, each serving ten municipalities. The Circuit courts will try not to interfere with each others jurisdiction, unless the plaintiff and or the defendant resides within in another jurisdiction. These tribunals will preside over civil disputes that involve $15,000 or more, they will have jurisdiction over felony cases, they will review the decisions of the municipal courts. They will hear appeals from the lower courts. All trial will be by juries, one judge will be conducting the trial, death penalty will not be allowed in the new Court system.

   Family Courts will be working alongside the Circuit Courts; there will not be overlapping in the jurisdiction between both courts. There will be three family Courts for the Island. Family courts will preside matters such as; marriage, divorces, child custody, child support and adoption. Serious cases will be taken by the Circuit Courts. Puerto Rico does not have a Juvenile Court, if granted statehood; a Juvenile Court will be established. These tribunals will handle cases involving children under the age of 18. Serious felonies will be handled by a higher Court if the offender is between the ages of 16 through 18.

  Judges for both family and juvenile Courts will be selected and will adhere to the same rules of those of municipal judges.

  Puerto Rico will have two appellate courts, the Court of Civil Appeals and the Court of Criminal Appeals with jurisdiction over the entire state. “Court of Appeals hearings do not include witnesses, juries or testimonies. Instead, attorneys present oral and written arguments to be considered. The Courts of Appeal hear appeals in three-judge panels. There are no juries, witnesses, or testimony. The three-judge panel reviews oral and written arguments presented by attorneys (Court of Appeals).”

   In order to qualify as a judge on the Court of Appeals, one most be licensed to practice law in Puerto Rico, again, should be fluent in the English and Spanish language. A minimum age of 35 for this position shall be imposed. There will not be a legislative election; the people will also elect the judges. They will serve for a period of six years, in order to be retained, the Judicial Merit Selection Commission, will perform background investigations, personal interviews will be conducted. A report of their previous judgeship shall be made and examined.

    The highest court in the state of Puerto Rico will be the Supreme Court. There will be a total of seven judges of which five must participate in reviewing cases. Four votes in agreement are required for a decision. One justice will be selected by a majority vote to serve as the Chief Justice, a position that rotates every two years. The senior Justice will act as the Chief Justice in the Chief Justices’ absence (Florida State’s Court System).

   The Supreme Court will have jurisdiction over the entire State of Puerto Rico. The Supreme Court will review questionable cases that could be interpreted invalid in Puerto Rico’s Constitution. “The Court will review, at its discretion, any decision by the Courts of Appeals, Circuit Courts, Family Courts, or Municipal Courts however; most decisions reviewed will come from the Courts of Appeals. The Supreme Court has the constitutional authority to issue the extraordinary writs of prohibition, mandamus, quo warranto, and habeas corpus and to issue all other writs necessary to the complete exercise of its jurisdiction” (Florida State’s Court System).