Supreme Court of Puerto Rico
18°27′47″N 66°5′18″W / 18.46306°N 66.08833°W
Supreme Court of Puerto Rico | |
---|---|
Established | 1900 |
Location | San Juan, Puerto Rico |
Composition method | Appointed by the Governor of Puerto Rico with the advice and consent of the Senate |
Authorized by | Constitution of Puerto Rico |
Appeals to | Supreme Court of the United States |
Judge term length | Justices serve until they reach 70 years of age |
Number of positions | 9 |
Website | poderjudicial |
Chief Justice | |
Currently | Maite Oronoz Rodríguez |
Since | February 22, 2016 |
The Supreme Court of Puerto Rico (
Structure and powers
The Supreme Court of Puerto Rico was established by the Foraker Act in 1900[4] and maintained in the 1952 Constitution of Puerto Rico. [5] It is the only appellate court required by the Constitution. All other courts are created by the Legislative Assembly of Puerto Rico. However, since Puerto Rico is under United States sovereignty, there is also a Federal District Court for the island. [6]
The justices (currently eight, with one vacancy) are appointed by the Governor of Puerto Rico and confirmed by majority vote by the Senate. One of the justices serves as Chief Justice; the remaining members are designated Associate Justices. Unlike the Supreme Court of the United States, the justices of the Puerto Rico Supreme Court do not serve for life, as the Puerto Rico Constitution requires that all judges must retire upon reaching age 70. [5]
Although the Constitution of Puerto Rico provides for the Court to be composed of five justices, it also contains a provision that the number may be altered, though only by petition of the Court itself. This provision has been used four times in Court history. Immediately after the Constitution's ratification, the Court asked for two additional judges. During the early 1960s, the Court once again petitioned for the addition of two more judges, arguing that there was a case backlog on its docket. Subsequently, during the 1970s the Court asked for its number to be reduced back to seven members, arguing that the backlog had been attended to. Finally, in 2010 a 4–3 majority of the justices petitioned the Legislative Assembly to once again increase the Court's membership to nine. This decision has generated controversy since it is the first time that such a request has been done without unanimity from the justices.[7]
The jurisdiction of the Supreme Court of Puerto Rico is defined by the Constitution and the laws of Puerto Rico. In general, the jurisdictional structure parallels that of the state Supreme Courts in the continental United States. The Supreme Court of Puerto Rico has concurrent jurisdiction with federal courts to interpret federal laws, unless the Supremacy Clause requires otherwise. Judgments that stand on federal law grounds may be reviewed by the
The term of the Puerto Rico Supreme Court begins on the first Monday of October and ends in the last week of June of the following year. However, during the recess months of July through September, an alternating panel of three justices are allowed to hear cases and their decisions are considered binding precedent. However, in order for any law passed by the Legislative Assembly to be declared unconstitutional, it requires the votes of a majority of the total membership of the Court, therefore, a three-justice panel may not hear constitutional challenges to laws passed by the Legislature.
The justices decide whether or not to hear oral arguments for the case. If the case is controversial or carries high public interest, an oral argument may be scheduled, although oral arguments were rare under Chief Justice Hernández Denton. When oral argument occurs, each side has twenty-five minutes to state its respective claims and five minutes for rebuttal. After the sides have ended their argument, each justice has ten minutes (in order of seniority) to ask questions to each side. Justices may decide to yield the balance of their time to one of their colleagues.
Because several Federal judges have voluntarily withdrawn from the
Chief Justices
The
- 1900–1909: José Severo Quiñones
- 1909–1922: José Hernández Santiago
- 1922–1943: Emilio del Toro Cuebas
- 1944–1948: Martín Travieso Nieva
- 1948–1951: Angel de Jesús Sánchez
- 1951–1952: Roberto Todd Borrás
- 1953–1957: A. Cecil Snyder
- 1957–1957: Jaime Sifre Dávila
- 1957–1972: Luis Negrón Fernández
- 1973–1974: Pedro Pérez Pimentel
- 1974–1985: José Trías Monge
- 1985–1992: Víctor Pons Núñez
- 1992–2003: José Andréu García
- 2003–2004: Miriam Naveira Merly
- 2004–2014: Federico Hernández Denton[11]
- 2014–2016: Liana Fiol Matta
- 2016–present: Maite Oronoz Rodríguez
Associate Justices
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- 2009–present: Rafael Martínez Torres
- 2009–present: Mildred Pabón Charneco
- 2009–present: Erick Kolthoff Caraballo
- 2010–present: Edgardo Rivera Garcia
- 2011–present: Luis Estrella Martínez
- 2011–present: Roberto Feliberti Cintrón
- 2016–present: Ángel Colón Pérez
Lower courts
During much of the 20th century, the court system in Puerto Rico had consisted of
Appointments
Appointments to the Supreme Court of Puerto Rico have traditionally been a politicized and often controversial process. The Governor of Puerto Rico usually appoints someone who is affiliated with his own
Then Associate Justice Oronoz was confirmed in 2016 becoming the first lesbian and third woman to perside the court.[16] This also marked the point in which four female justices constituted the largest number of women in history to serve on the court simultaneously.[17]
Current composition
Name | Year appointed | Reaches age 70 | Appointed by |
---|---|---|---|
Maite Oronoz Rodríguez, Chief Justice born 1976 (age 47–48) |
2016 | 2046 | Alejandro Garcia Padilla
|
Rafael Martínez Torres born February 14, 1959 |
2009 | February 14, 2029 | Luis Fortuño |
Mildred Pabón born November 27, 1957 |
2009 | November 27, 2027 | Luis Fortuño |
Erick Kolthoff born September 15, 1961 |
2009 | September 15, 2031 | Luis Fortuño |
Edgardo Rivera García born January 3, 1955 |
2010 | January 3, 2025 | Luis Fortuño |
Roberto Feliberti Cintrón born April 7, 1963 |
2011 | April 7, 2033 | Luis Fortuño |
Luis Estrella Martínez born November 17, 1971 |
2011 | November 17, 2041 | Luis Fortuño |
Angel Colón-Pérez born 1977 (age 46–47) |
2016 | 2047 | Alejandro Garcia Padilla
|
seat vacant | – | – | – |
Controversies
The realignment on the court has led to several significant court decisions. In Suarez Caceres vs CEE, the court overruled a previous court decision that required that a "None of the Above" option be included in political status plebiscites. That option obtained an absolute majority of votes in the 1998 political status plebiscite.
A 4–3 majority amended Rule 5 of the court's regulations to enable the most senior judge on the majority side of every case to determine the member of the Court that would write the majority opinion, which is the practice in the Supreme Court of the United States. Previously, the Chief Justice, even when on the minority side of a case, assigned the writing of the opinion of the Court.[18]
Conflicts with the US Federal Court
From 1915 to 1961, decisions of the Puerto Rico Supreme Court could be appealed to the United States Court of Appeals for the First Circuit. In earlier years, the First Circuit frequently reversed the Puerto Rico Supreme Court, sometimes attempting to impose its own interpretations of Puerto Rico's civil law legal norms despite the Boston-based court's unfamiliarity with Puerto Rico jurisprudence, until a series of opinions by United States Supreme Court Justice Oliver Wendell Holmes instructed that the Puerto Rico Supreme Court's interpretations were not to be overturned by the federal appeals court unless they were "manifestly wrong."[citation needed]
With the standard of review so limited, and especially after Puerto Rico attained Commonwealth status under the 1952 Constitution, the route for appeals was deemed anachronistic and was repealed in 1961 providing Puerto Rico with a judicial state-federal court structure equal to that of States.[19]
Today, decisions of the Puerto Rico Supreme Court are as final as those of any state supreme court and are reviewable by the Supreme Court of the United States only pursuant to a writ of certiorari, when an important question of federal law is involved.
Conflicts between the Puerto Rico courts and the federal court do arise from time to time. According to the 1952 Constitution of Puerto Rico, the jurisdiction of the Supreme Court is only for laws of the Commonwealth of Puerto Rico. However, on several[
In 2016, the US Supreme Court decided in the case of Puerto Rico v. Sanchez Valle that on the point of double jeopardy, Puerto Rico was not sovereign; thus it could not charge someone with crimes that the person had already been tried for by the United States.[20]
2004 general election
A highly controversial instance occurred in November 2004, when the Supreme Court of Puerto Rico declared that all ballots should be counted during the
See also
References
- ^ "Puerto Rico Basic Facts". Puerto Rico Government Development Bank. Paragraph 6. Retrieved December 30, 2012.
The highest court within the local jurisdiction is the Supreme Court of Puerto Rico.
- ^ "Supreme Court Building in Puerto Rico". National Park Service. Paragraph 1. Retrieved December 30, 2012.
[ ... ]of the highest court of law on the island.
- ^ Rico, Government of Puerto (April 11, 2021). Constitution of the Commonwealth of Puerto Rico. Good Press.
- ISBN 9780429981036.
- ^ a b Affairs, United States Congress House Committee on Interior and Insular (1952). Text of the Constitution of the Commonwealth of Puerto Rico...submitted by Hon. A Fernos-Isern...
- ^ Rights, United States Congress House Committee on the Judiciary Subcommittee on Civil and Constitutional (1979). The Use of Spanish in the Federal District Court of Puerto Rico: Hearing Before the Subcommittee on Civil and Constitutional Rights of the Committee on the Judiciary, House of Representatives, Ninety-sixth Congress, First Session on the Use of Spanish in the Federal District Court of Puerto Rico, May 17, 1979. U.S. Government Printing Office.
- ^ "Malletazo de los jueces azules". El Nuevo Dia (in Spanish). November 7, 2010. Retrieved March 10, 2019.
- ^ "Article III, Section 4". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article V, Section 3". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Article III, Section 21". Constitution of Puerto Rico. July 25, 1952. Retrieved August 11, 2013.
- ^ "Biografías Jueces Presidentes". Archived from the original on December 25, 2008.
- ^ The People v. Casiano. Appeal from the District Court of Ponce. No. 7. Decided April 26, 1905. Report of Cases Adjudged in the Supreme Court of Puerto Rico. Coleccion de Sentencias y Soluciones Dictadas por el Tribunal. Volumen 8. (January 23 to June 17, 1905) Puerto Rico. Supreme Court, Antonio F. Castro, Rafael Hernandez-Usera, Raleigh F. Haydon, Pablo Berga y Ponce de León, Joaquín López. Pages 344–346 and others. Printed by the Bureau of Supplies, Printing, and Transportation. San Juan, Puerto Rico. Retrieved 1 December 2011.
- ^ REGISTER OF PORTO RICO FOR 1903. Hon. Charles Hartzell, Secretary of Porto Rico. October, 1903. San Juan, Puerto Rico: Press of Lou 18 E. Tuzo and Company. 1903. (AUG 14 1944). Page 82. Retrieved 19 December 2011.
- ^ El libro de Puerto Rico: Chapter IV: Government: The Judiciary - Its Importance and Influence, by Emilio del Toro Cuebas. E. Fernandez Garcia, editor. Francis W. Hoadley & Eugenio Astol, co-editors. San Juan, Puerto Rico: El Libro Azul Publishing Company. 1923. Page 181. Retrieved 20 July 2012.
- ^ a b Rivera, Iván (December 21, 2020). "Banquete total, parte 2" [Total Banquet, part 2]. El Vocero (in Spanish). Retrieved September 21, 2021.
- ^ "Presta juramento Maite Oronoz, primera mujer lesbiana en presidir el Supremo en PR" [Maite Oronoz takes the oath of office, first woman lesbian to preside Supreme Court of PR]. Univision (in Spanish). April 3, 2013. Retrieved September 21, 2021.
- ^ "Juramenta nueva jueza asociada Hon. Maite Oronoz" [Swearing in of associate judge Honorable Maite Oronoz]. Microjuris al Día (in Spanish). July 16, 2014. Retrieved September 21, 2021.
- ^ "2010 DTS 027 ENMIENDAS A LA REGLA 5 DEL REGLAMENTO DEL TRIBUNAL SUPREMO 2010TSPR027 Jurisprudencia del Tribunal Supremo de P.R. de 2010". www.lexjuris.com. Retrieved October 22, 2019.
- ^ CONSEJO DE SALUD PLAYA DE PONCE v JOHNNY RULLAN, SECRETARY OF HEALTH OF THE COMMONWEALTH OF PUERTO RICO (PDF), The United States District Court for the District of Puerto Rico, archived from the original (PDF) on May 10, 2011, retrieved January 15, 2010
- ^ Delgago, José A.; López Cabán, Cynthia (June 10, 2016). "Source of Sovereignty is on Federal Land". El Nuevo Dia (in Spanish). Retrieved April 15, 2020.
- ^ "PUERTO RICO'S RECOUNT BEGINS". Orlando Sentinel. Retrieved June 30, 2022.
- ^ "Rossello-Gonzalez v. Calderon-Serra, 398 F.3d 1 | Casetext Search + Citator". casetext.com. Retrieved June 30, 2022.
External links
- Supreme Court of Puerto Rico – official site, in Spanish.