Rhode Island Supreme Court Explained

Court Name:Rhode Island Supreme Court
Established:1747 (colonial form) 1841, (current constitution)
Jurisdiction:Rhode Island
Location:Providence, Rhode Island
Type:Appointment by governor, legislative consent
Authority:Rhode Island Constitution
Appealsto:Supreme Court of the United States
Positions:5
Website:Official website
Chiefjudgetitle:Chief Justice
Chiefjudgename:Paul Suttell
Termstart:July 16, 2009

The Rhode Island Supreme Court is the court of last resort in the U.S. State of Rhode Island. The Court consists of a Chief Justice and four Associate Justices, all selected by the Governor of Rhode Island from candidates vetted by the Judicial Nominating Commission. Each justice enjoys lifetime tenure and no mandatory retirement age, similar to Federal judges. Justices may be removed only if impeached for improper conduct by a vote of the Rhode Island House of Representatives and convicted by trial in the Rhode Island Senate.

History

In 1747, the Rhode Island General Assembly authorized the creation of a Superior Court of Judicature, Court of Assize, and General Gaol Delivery, consisting of one chief justice and four associates, all serving one year terms. The 1747 enactment replaced an earlier appeals court of the same name, which had been composed of the governor or deputy governor and at least six of the elected "assistants," which dated to 1729 under the same name and the composition dated back to the 1663 charter when it was known as the "General Court of Trials." This court had replaced an even earlier court formed under the Charter of 1644, a 1647 enactment of a code of laws, and a 1651 amendment creating appellate jurisdiction.[1]

Most of the judges during the 18th century were laymen, merchants or farmers and did not possess formal legal training, and therefore the court did not explicitly follow English common law. Parties, however, could still appeal to either the British monarch, English courts or the General Assembly until independence in 1776.[2]

In 1747 the General Assembly appointed the first Chief Justice, Gideon Cornell, who was a judge, farmer, and merchant, and the second, Joshua Babcock, a Yale-educated physician. Stephen Hopkins, later signatory of the Declaration of Independence, served as the third Chief Justice from 1747 to 1755.[2]

In 1798, the General Assembly renamed the Court the "Supreme Judicial Court," and in 1843, the "Supreme Court." The first officially recorded decision was Stoddard v. Martin, 1 R.I. 1 (1828), a case involving gambling on an election. Since 1930, the Court has been located within the Licht Judicial Complex at the base of College Hill in Providence, Rhode Island. Until 1994, the General Assembly sitting with both houses in "Grand Committee" chose the Supreme Court justices without the governor's consent. In 1994, after a wave of corruption scandals, citizens amended the Rhode Island Constitution to allow the governor to choose Supreme Court nominees from a list of candidates approved by a non-partisan nominating committee. Both houses of the General Assembly still must approve any nominees.

Current justices

JusticeBornJoinedAppointed byLaw school
, Chief Justice10 January 1949Donald Carcieri (R)Suffolk
11 February 1951Lincoln Almond (R)Suffolk
30 January 1940Donald Carcieri (R)Boston College
17 May 1975Gina Raimondo (D)Catholic
Gina Raimondo (D)George Mason

Notable cases


Notable justices

See also: List of justices of the Rhode Island Supreme Court.

Chief justices

See also: List of Chief Justices of the Rhode Island Supreme Court.

A few noted Chief Justices of the Rhode Island Supreme Court include:

External links

Notes and References

  1. Gail I. Winson, "Researching the Laws of the Colony of Rhode Island and Providence Plantations: From Lively Experiment to Statehood" pg. 19–22 http://law.rwu.edu/sites/law/files/rwu/Library/pdf/rhode_island_gw_0104.pdf
  2. Book: RHODE ISLAND. RICHMAN, I.B.. 1905. 191. 2015-09-11.
  3. Warren, Charles. History of the Harvard Law School and of Early Legal Conditions in America. New York: Lewis Publishing Company, 1908. Three volumes, pg. 66 https://books.google.com/books?id=7GbD_J57LbQC&pg=PA66