Supreme Court of Puerto Rico
The Supreme Court of Puerto Rico is the highest court of the Commonwealth of Puerto Rico, having the ultimate judicial authority within Puerto Rico to interpret and decide questions of Puerto Rican Commonwealth law. It is head of the Judicial Branch of the Government of Puerto Rico, the other branches being the executive branch and the legislative branch. The Supreme Court of Puerto Rico holds its' sessions in the city of San Juan.
Structure and powers
The Supreme Court of Puerto Rico was established by the Constitution of Puerto Rico in 1952. It is the only high court required by the constitution. All other courts are created by the Legislative Assembly of Puerto Rico. However, since Puerto Rico is also a commonwealth of the United States, there is also a Federal District Court in the country.
The justices (currently seven) are appointed by the Governor of Puerto Rico and confirmed by majority vote by the Senate. One of these seven 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. The Constitution of the island establishes that the justices are obligated to retire on the date they become seventy (70) years old.
Originally the Supreme Court was composed of five justices. However, during the 1960s the number was changed to seven. During the early 1970s the number of justices was raised to nine only to be reduced to seven once again in 1976.
The jurisdiction of the Supreme Court of Puerto Rico is only within the Constitution of Puerto Rico. It works similar way to the state Supreme Courts in the United States. As such, it does not have power to meddle with or enforce federal law. (See Conflicts with the Federal District Court for more information.)
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 political party. So far, the Court has always been dominated by justices affiliated with the Popular Democratic Party. Three women have been appointed justices since 1952; one of them, Miriam Naveira, was Chief Justice for a period of one year. All justices in the history of the court have been white and catholic.
Current Chief Justice Hernández Denton was first appointed to the court by Governor Rafael Hernández Colón in 1985 and was elevated to Chief Justice by Governor Sila Calderón. Currently, there is one vacant seat in the Supreme Court after the retirement of Associate Justice Baltasar Corrada del Río. Current Governor Aníbal Acevedo Vilá has not nominated anyone for the position.
As of 2005, the Supreme Court is perceived as being equally divided between conservatives and liberals. Chief Justice Hernández, Justice Fuster and Justice Fiol are generally regarded as the "liberal" wing of the court, while Justices Rivera, Rebollo and Rodríguez are seen as conservatives.
Current Composition of the Court
| Justice | Age | Appointed by | Year Appointed | Prior Positions |
|---|---|---|---|---|
| Federico Hernández Denton (Chief Justice) |
61 | Rafael Hernández Colón, elevated by Sila Calderón | 1985 | Legal Advisor to the Governor of Puerto Rico |
| Francisco Rebollo López | 67 | Carlos Romero Barceló | 1982 | Judge at the District Courts of Puerto Rico |
| Jaime Fuster Berlingeri | 63 | Rafael Hernández Colón | 1992 | Resident Commissioner of Puerto Rico, Dean of University of Puerto Rico Law School |
| Efraín Rivera Pérez | 54 | Pedro Rosselló González | 2000 | Legal Advisor to the Governor of Puerto Rico, Deputy Secretary of Justice of Puerto Rico, Judge at the Puerto Rico Court of Appeals |
| Liana Fiol Matta | ?? | Sila Calderón | 2004 | Judge at the Puerto Rico Court of Appeals |
| Anabelle Rodríguez Rodríguez | ?? | Sila Calderón | 2004 | Solicitor General, Secretary of Justice of Puerto Rico |
| Vacant Seat |
Conflicts with the Federal Court
According to the Constitution of Puerto Rico of 1952, the jurisdiction of the Supreme Court is only within laws of the Commonwealth of Puerto Rico. However, on several occasions the U.S. District Court for the District of Puerto Rico has taken jurisdiction on cases having to do with Puerto Rican law. The most controversial of these cases occurred in November, 2004 when the Supreme Court of Puerto Rico declared that all ballots should be counted during the Puerto Rico General Election of 2004. The New Progressive Party then appealed to the Federal Court, claiming that some of the ballots should be nullified. Federal Judge Daniel Dominguez then took jurisdiction of the case, effectively nullifying the decision of the Supreme Court.
On December 15, 2004, the United States Court of Appeals for the First Circuit nullified the decision of Judge Dominguez, saying that questions on the electoral process of Puerto Rico are matters for the Supreme Court of Puerto Rico.
External links
- tribunalpr.org - official site, in Spanish.