THE JUDICIARY

First and foremost, I admit that I am a licensed attorney in Rhode Island, but I also note that this has never stopped me from being critical of the judiciary and its works. This cuts both ways. I feel that being involved in the system has given me an understanding of legal concepts that may appear wrong to the public, but they are based on solid legal principles. Still, as an attorney, I am susceptible to claims that I am just covering for the system.

The reality is that like almost anything in life, there is a good and bad side. For the most part, I find that we have a solid judiciary. I cannot claim it to be the most intelligent or the most effective, but it is better than most. Our judiciary problems are usually results of our shooting ourselves in the foot.

When we use judicial appointments to satisfy social goals or to pay off political (or bar association political) debts, we are not working in the interest of the judiciary. We compromise and thus, we are lost. That said, the pool of legal talent in this state makes it difficult to make a bad appointment through the existing system. It happens, but not as often as one would believe.

Still, our system, while not perfect, is good. It is better to have an appointed in the first instance judge in place of an elected one, at least on the Superior and Supreme courts of Rhode Island. Other inferior courts could possibly be elected, but that just adds another layer to the system. I also have long argued for a system of retention elections of judges, in essence a reconfirmation after ten years for judges below the Supreme Court, but such an approach is actually more of a safety valve allowing removal rather than an appointment mechanism.

While I find that the judicial talent is sufficient, I must say less and less about the administration of justice under this system. We have clogged courtrooms, unreasonable calendars, a broken sentencing system and more.

For anyone that has tangled with the legal system it is evident. There are standing room only courtrooms, no parking for the facilities, forms and procedures that bog down the system in the name of justice, and a general feeling of lack of accomplishment. And since the system is not limited to criminals, landlords and tenants, business interests and small claimants are forced to swim in a pool that hasn’t been chlorinated in years.

The plea bargaining system has turned the criminal process into horse trading. The lack of the ability to quickly and efficiently service the public has lead many to put civil cases into arbitration instead of waiting for the legal process, even though calendars have been shortened in recent years. As you can see, the problem is in the system itself.

I can honestly say that in the near twenty five years of practice, I have been before a good percentage of our judges and I disagreed with many as to their legal decisions, but I am hard pressed to say that more than three were too stupid for their position; even most of the politically connected appointments have been minimally competent jurists. But a capable judiciary cannot save an ill-fated judicial system.

In the future I will discuss how the Legislature can make the Judiciary more effective. I will attempt to demonstrate how the over-regulation of society is the real menace to swift and fair justice. I will also make an attempt to demonstrate how a more realistic legal system could reduce state tax money being spent on the cottage industry called law enforcement.

Until Rhode Island confronts its predilection for an over-regulated society, our justice system will always serve as an inefficient system of monitoring its population instead of a means of providing justice.