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Judiciary 1999 Report on the Island Robert C. Harrall
LETTER OF TRANSMITTAL
Persuant to § 8-15-7 of the Rhode Island General Laws, it is with satisfaction that I submit the 1999 Annual Report on the Judiciary.
The report is comprised of the activities of the state's judicial system during the calendar year and is a valuable source of information on the operation of the Judiciary.
This publication has been made possible through the endeavors of the staff members of the unified court system, especially the State Court Administrative Office.
Respectfully submitted,
Robert C. Harrall State Court Administrator
State of Rhode Island - 1999 Report on the Judiciary 1 Chief justice Joseph R. Weisberger
To THE HONORABLE MEMBERS OF THE GENERAL ASSEMBLY
June 16, 2000
Honorable Members of the General Assembly:
The year 1999 was both productive and generally successful for the Rhode Island judiciary. A number of improve- ments and innovations were accomplished in each of the si* courts which make up the unified judicial system. The Rhode Island Traffic Tribunal under the leadership of Chief Judge Albert E. DeRobbio has made an excellent start in dealing effectively with its massive case load. A new computer system has been installed and various improvements have been made in order to assure that members of the public are served in a mote timely and efficient manner. The District Court has continued to deal effectively with its varied and numerically significant case load. Both civil and criminal cases are dealt with in a timely and user friendly manner. The Family Court under the leadership of Chief Judge Jeremiah S. Jeremiah. Jr. has continued to reach out with innovative pn»grams such as the formation of a new Truancy Court, a new drug calendar, and has dealt aggressively with domestic violence and child support problems. The Workers' Compensation Court under the leadership of Chief Judge Robert F. Arrigan continues to be a model for the nation in its timely disposition of extremely complex cases. It has had a very positive effect upon our business community in reducing workers compensation insurance premiums as well as assuring that employees receive appropriate compensation in a timely manner. Most cases are reached for initial hearing within 30 days or less. The Superior Court under the leadership of Presiding Justice Joseph F. Rodgers. Jr. has continued with its alternate dispute resolution, court annexed arbitration, and mediation programs. The court moves closer to meeting its goals of time standard performance. We believe that this court is one of the most competent trial courts of general jurisdiction in the nation. The Supreme Court continues to reduce its case inventory and remains one of the most current appellate courts of its type in the United States. Cases are resolved in an average of ten months from the time of filing to the time of disposition. The plans of the unified judiciary for logistical, computer, and structural improvements are advancing at a satisfactory- pace. We plan to erect a new building for the Traffic Tribunal at the Howard Complex and to replace the Leighton Judicial Complex in Kent County. Architectural plans for these structures should be presented for approval to the Executive and Legislative departments during the year 2000.
Respectfully submitted.
Joseph R. Weisberger Chief Justice
State of Rhode Island - 1999 Report on the Judiciary 3 1999 Report on the Judiciary Contents Table of
Letter of Transmittal j Letter to the General Assembly 3 Table of Contents 7
1999 in the Rhode Island Courts Rhode Island Court Structure™. .. 9 1999 Report on the Domestic Abuse Victim Advocacy Program 13 1999 Report on the Domestic Violence Training and Monitoring Unit 14 1999 Report on the Victim Services Unit _I5 The Budget for the Rhode Island Courts / / „.. 16 Rhode Island Supreme Court _ t7 Rhode Island Superior Court ... j Rhode Island Family Court 20 Rhode Island District Court J.....J. 22 Rhode Island Workers' Compensation Court „.24 Rhode Island Traffic Tribunal (formerly Administrative Adjudication Court) *f " / •«»•— —25
Boards and Panels Ad Hoc Task Force on Limited English Speaking Litigants —y — 27 Advisory Committee on the Code of Judicial Conduct- — 28 Board of Bar Examiners 1 29 Commission on Judicial Tenure and Discipline ...I 30 Committee on Character and Fitness ...... J^^.... — — 31 Committee on Professionalism and Civility — — - - — Disciplinary Board - i. — •— 32
Future of the Courts Committee™ - —•••» — -35 Judicial Performance Evaluation Committee —- — — — 36 Law Day Committee J- — — ^7 Mandatory Continuing Legal Education Commission — — — 38 National Conference on Building Public Trust and Confidence in the Justice System — L. ——. 39 Permanent Advisory Committee on Women in the Courts - ——— "*0 Permanent Advisory Committee on Women and Minorities in the Courts— — — —— Unauthorized Practice of Law Committee - — - - The User-Friendly Courts Committee — — - .43
Appendices ..46 1999 Judicial Roster...... 47 2000 Court Directory.
Statistical Tables .50 Supreme Court - - - .52 Superior Court - — - — - .58 Family Court - .61 District Court - ——-....».- .64 Workers' Compensation Court - — — .66 Rhode Island Traffic Tribunal (formerly Administrative Adjudication Court).
Pursuant to Chapter 8-15 of the Rhode Island General Laws this report was prepared by the:
Administrative Office of State Courts Frank Licht Judicial Complex 250 Benefit Street Providence,RI 02903 Phone: (401) 222-3266 (Voice) Voice: (401) 222-3269 (TTY/ Text telephone) Fax: (401) 222-3599
Contributors to the 1999 Annual Report: Robert C. Harrall. Administrator, State Courts: Susan W. McCalmont. Editor: Seana P. Thibeault. Production and Design- Robert J. Melucci. Research / Distr,but,01 7 State of Rhode Island - 1999 Report on the Judiciary Rhode Island Court Structure
RHODE ISLAND'S UNIFIED COURT SYSTEM
Rhode Island has six state-funded courts. The District, Family, and Workers' Compensation Courts, and the
Rhode Island Traffic Tribunal are trial courts of limited jurisdiction. The Superior Court is the general trial court, and
the Supreme Court is the court of review. The Supreme Court Chief Justice, executive head of the state court system,
has authority over the judicial budget. The Chief Justice appoints a state court administrator and staff to handle these
budgetary and administrative tasks. Each individual court, however, has both a chief justice or presiding justice or chief
judge and an administrator to handle internal court management.
Administrative Office SUPREME COURT 5 Justices - 1 Magistrate - Staff: 135
APPEALS
FAMILY COURT SUPERIOR COURT 12 Justices - 6 Magistrates - Staff. 146 22 Justices - 2 Magistrates - Staff: 135 Juvenile: Wayward/Delinquent, Dependancy/ Neglect/Child Abuse, Termination of Parental Criminal All Felonies Rights. Adoption. Mental Health Commit- Civil: Over $5,000, Equity. ments. Consent for Abortion-Minors WRIT OF WRIT OF Condemnation. Extradition. All jury Trials, Adult: Contributing to Delinquency. Nonsup- CERTIORARI CERTIORARI Mandamus. Habeas Corpus, Probate Appeals, port, Paternity, Criminal Child Abuse Zoning Board Appeals Domestic Relations: Divorce, Support. Custody, Domestic Assault
WORKERS' DISTRICT COURT COMPENSATION COURT 13 Judges - 2 Magistrates - Staff: 72
10 Judges - Staff 44 Criminal: Violations, Misdemeanors, Appellate Division Felony Initial Appearance i Civil Under $10,000, Small Claims, Mental Health. Housing Code All Controversies Regarding Administrative Agency Appeals Workers' Compensation Claims
| APPEALS | Rhode Island Traffic Tribunal
4 judges - 3 Magistrates - Staff 72 Appellate Division i All Non-Cnminal Matters Regarding Traffic Cases: Control of Traffic Summons. Review of Traffic Offense Decisions of Municipal Courts and Appeals from the Division of Motor Vehicles
State of Rhode Island — 1999 Report on the Judiciary J SUPREME COURT
The Supreme Court has SUPERIOR & FAMILY COURTS final appellate jurisdiction over
questions of law and equity,
supervisory powers over other state
courts, and general advisory
responsibility to the legislative and
the executive branches of state
government concerning the
constitutionality of legislation
The Supreme Court is also responsible
for regulating admission to the
Rhode Island Bar and disciplining
its members.
The Superior Court has an
administrative office that oversees
all personnel matters, fiscal SUPERIOR COURT concerns. and purchasing functions
for the entire state court system. Superior Court is the trial Other types of appeals The administrative office also and statutory proceedings, such as performs a wide range of managerial court of general jurisdiction. Civil
tasks, including the development matters involving claims in excess redevelopment, land condemnation,
and operation of automated of $5,000 and all equity proceedings zoning appeals, and enforcement of
information systems for all courts: are heard here. Superior Court also arbitrator's awards, also fall under
long-range planning; the collection, has original jurisdiction over all Superior Court jurisdiction.
analysts, and reporting of information felony cases. As a consequence, all Finally, Superior Court
on court caseloads and operations; indictments by grand jurors and shares concurrent jurisdiction with
the development and implementation informations charged by the the Supreme Court over writs of
of management-improvement Department of the Attorney habeas corpus and mandamus and
projects in specified arras; and the General are returned to this court. certain other prerogative writs.
supervision of facilities. Superior Court also hears Appeals from the Superior Court
The Stale Law Library, appeals from decisions of local are heard by the Supreme Court.
which is also under the direction of Probate and Municipal Courts. In the Supreme Court, provides reference addition, criminal and civil cases tried FAMILY COURT materials and research services for in the District Court, except as
judges and court staff as well as serving specifically provided by statute, are Family Court was created
as the only comprehensive public law also brought to the Superior Court to focus attention on problems
library in the state. on appeal for a trial de novo. involving families and children. Its
State of Rhode Island - 1999 Report on the Judiciary 10 goals are to assist, to protect, and if possible, to restore families whose well being or unity has been or is threatened. This court also insures that children within its jurisdiction receive the care, guidance, and control conducive to their welfare and the best interests of the state. If children are removed from their parents, the court also seeks to provide them with the equivalent of high quality parental care.
Family Court has jurisdiction to hear all petitions for divorce and any motions in conjunction with divorce proceedings, such as property distribution, alimony, support, and child custody. It hears petitions for separate maintenance District Court jurisdiction except when a Municipal Court has and complaints regarding support includes small claims, violations of been established to handle these for parents and children. It has municipal ordinances and regulations, matters. Decisions in all these areas jurisdiction over matters relating to and misdemeanors when the right are subject to review by the Supreme delinquent, wayward, dependent, to a jury trial in the first instance Court only. neglected, abused, or mentally has been waived. If a defendant deficient or disordered children. It invokes the right to a jury trial, the WORKERS' case is transferred to the Superior also has jurisdiction over adoptions, COMPENSATION Court. Appeals from District Court child marriages, paternity proceedings, COURT and other matters involving domestic decisions go to the Superior Court for trial de novo. relations and juveniles. The Workers' Compensation Violations and hearings on Appeals from Family Commission was established in 1954 involuntary hospitalization under Court decisions are taken directly and functioned independently until the mental-health, drug-abuse, and to the Supreme Court. it was made a court within the alcoholism laws also fall under unified court system in 1991. The District Court jurisdiction. DISTRICT COURT Workers' Compensation Court has District Court hears appeals from jurisdiction over disputes between and orders compliance with the Since most people appearing employees and employers in relation subpoenas and rulings of the state before a court in this state initially to compensation for occupational appear in District Court, this court tax administrator and several disabilities, the reasonableness of has been divided into five divisions regulatory agencies and boards. to provide easy geographic access to District Court also hears violations medical and hospital bills, and the the court system. of state and local housing codes extent and duration of a disability.
State of Rhode Island - 1999 Report on the Judiciary The workers' compensation If either party is aggrieved In 1992 the Administrative statutes establish that employers by the decision of the appellate di- Adjudication Court (AAC) was assume the cost of occupational vision, that party may petition the established to succeed the AAD. disabilities without regard to fault. Supreme Court by writ of certiorari. Operating under Title 31, Chapter
Six basic objectives underlie workers' 43, of the General Laws, the AAC compensation laws: was responsible for hearing most
' To provide sure, prompt, and reasonable RHODE ISLAND traffic cases, for distributing and income and medical benefits to work-ac- TRAFFIC TRIBUNAL controlling traffic summonses, for cident victims or income benefits to their operating driver retraining schools, dependents, regardless of fault. The Rhode Island Traffic and for maintaining accurate driver
* To provide a single remedy and to Tribunal was created effective July accident and violation records. The reduce court delays, costs, and work loads 1, 1999, as successor to the Admin- AAC heard appeals from the Division arising out of personal-injury litigation. istrative Adjudication Court. The of Motor Vehicles and the Municipal
' To relieve public and private charities new Tribunal was established un- Courts. of financial drains incident to uncompensated der the Rhode Island Traffic Safety Upon the establishment of occupational disabilities. and Accountability Act of 1999, the new Traffic Tribunal, many Chapter 8-8.2 of Title 8 of the * To regulate payment of fees to lawyers changes have occurred, both General Laws. Although it is a separate and witnesses as well as time-consuming structural and procedural. entity, the Tribunal is supervised by trials and appeals. * The administrative functions of the Chief Judge of the District * To encourage maximum employer Operator Control and Driver Retrain- Court. interest in safety and rehabilitation ing have been returned to the Registry of through an appropriate experience-rating Prior to 1975 all traffic Motor Vehicles. mechanism. offenses in Rhode Island, except * A three-judge appeals panel continues
' To promote frank study of the causes parking, were criminal violations to hear appeals within the Traffic Tribunal, of accidents (rather than concealment of (misdemeanors or felonies) and but all appeals from the Tribunal are now fault), thereby reducing the number of were heard by the District Court. heard in the District Court. preventable accidents and consequent With the establishment of the * The Traffic Tribunal bos the authority human suffering. Appeals from Workers' Administrative Adjudication Division to enforce its own judgments.
Compensation Court decisions are first (AAD) under the Department of * The Traffic Tribunal's new judicial heard by an appellate division within the Transportation, most traffic of- officers are magistrates. As present judges court. The appellate division is a three- fenses were decriminalized and retire, they will be replaced by magistrates. placed under the jurisdiction of this judge panel made up of any three judges * New rules of Procedure for the Traffic quasi-judicial body. Those that of the court other than the trial judge. This Tribunal were promulgated by the Chief were not decriminalized are still panel first determines if a basis for appeal Judge and approved by the Supreme Court, handled by the District Court and exists by reviewing the transcript and the effective March 31, 2000. record of the case along with any briefs or include driving under the influence
memoranda of law submitted by the of alcohol or drugs, reckless driving,
appellant. If a basis is found, the panel hears driving with out a valid license, and
oral argument and enters a final decision. leaving the scene of an accident.
12 State of Rhode Island - 1999 Report on the Judiciary Domestic1999 Report Abuse on the Victim Advocacy Program
Since 1988 the Supreme Court has protective orders in the Family or the District contracted with the Rhode Island Coalition Courts throughout the state. The third Against Domestic Violence to administer a component, located in Superior Court in court-based domestic-abuse victim-advocacy Providence County, serves those domestic abuse program. The statewide program was victims whose cases have resulted in the filing established in accordance with R.I.G.L. of felony charges. In addition to assisting §12-28-10 and §12-29-7. The advocacy victims through the court process, the program helps victims of domestic violence to advocates help victims to protect themselves obtain protection through the criminal and the and their children and to obtain other support civil systems in the Family Court, the District services.
Court, and the Superior Court. In 1999 the program provided services
The coalition is an association of six to almost 8,299 unduplicated clients. Of those
nonprofit domestic-violence prevention clients, 5,078 were assisted through the
programs including the Blackstone Shelter, the District Court criminal justice system, and
Elizabeth Buffum Chase House, the Newport 3,658 victims of abuse obtained Temporary
County Women's Resource Center, Sojourner Restraining Orders. The numbers of victims
House, the Women's Center of Rhode Island, of domestic violence seeking help continues
and the Women's Resource Center of South to increase each year; in 1999 there were
County. 19,719 callers seeking support and information
The victim-advocacy program has from the domestic violence helplines. Since
three components. Victim advocates are the inception of the Victim Advocacy
assigned in each of the divisions of the Program, the Rhode Island Coalition Against
District Court to assist victims of Domestic Violence and its member agencies
misdemeanor crimes involving domestic have provided comprehensive assistance to
violence. In addition, the coalition assists victims of domestic violence in more than
victims of domestic violence in obtaining civil 85,000 cases.
State of Rhode Island - 1999 Report on the Judiciary 13 1999 Report on the Domestic Violence Training and Monitoring Unit
The Domestic Violence Training and Monitoring Unit has existed in some form since 1980 and is presently housed
within the McGrath Judicial Complex. Since the passage of the 1988 Domestic Violence Prevention Act, one of the Unit's
responsibilities has been the development, printing, dissemination and collection of the legislatively mandated DV-I Police
Reporting Form now known as the DV/SA Form). Over the years, the Domestic Violence Training and Monitoring Unit has
developed a statewide DV/SA database containing information on all domestic violence and sexual assault/child molestation
incidents.
In addition, the Unit collaborates with other agencies, such as the Rhode Island Coalition Against Domestic Violence,
the Sexual Assault and Trauma Resource Center of Rhode Island (formerly Rape Crisis Center), the Attorney General's Task
Force on Domestic Violence, and the Rhode Island Justice Commission, on policy and training matters relating to domestic
violence and sexual assault. The Unit also works with each police department and the Rhode Island State Police.
Domestic Violence and Sexual Assault/Child Molestation Cases by County
Population, DV Forms rec'd. DV Forms rec'd. DV Forms rec'd. DV Cases under Domestic Violence Towns/Cities for all incidents fo arrests only for non-arrests only investigation
Newport County police departments & R ISP (Portsmouth Barracks) 82,746 771 478 292 1
Providence County police departments RISP (Headquarters, Chepachet & Lincoln Barracks), and DEM 627,1 19 4,546 3,525 989 31
Washington County police departments, R1SP (Hope Valley & Wickford Barrack' , and UR 1 133,584 719 624 91 4
SlaUwiJt Total 1,005,634 7,796 5,998 1,755 42
Sexual Assault Population SA Forms rec'd. SA Forms rec'd. SA Forms rec'd. SA Cases under Child Molestation Towns/Cities for all incidents for arrests only for non-arrests only investigation
Kent County police departments
& Rhode Island Airport Police 162,185 38 25 10 3
Newport County police departments
k RISP (Portsmouth Barracks) 82,746 34 20 II 3
Pro»idence County police departments, RISP (Headquarters, Chepachet, &
Lincoln Barracks), and DEM 627,1 19 132 98 19 15
Washington County police departments, RISP Hope Valley & Wickford Barracks), and URI 133,584 28 17 9 2 Statewide Total 1,005,634 260 177 58 23
State of Rhode Island - 1999 Report on the Judiciary 14 1999 Report on the Victim Service Unit
Justice Assistance is a private, nonprofit organization that has operated Project Victim Services since I9»5 under a state court contract. This project provides support, counseling, and advocacy for Rhode Island crime victims. Project Victim Services requests each victim to complete and return to Justice Assistance a victim-impact statement that records physical, financial, emotional, and/or other losses that have resulted from or reflect the impact of the criminal action. l h statement becomes part of the court record and may be used to assess damages, restitution, fees, fines, or other terms of sentence. In addition. Project Victim Services answers clients' questions, prepares them for court proceedings, and provides them with practical as well as emotional assistance.
The program assisted 7,503 crime victims in 1999. In addition to the court contract, justice Assistance receives financial support from the Rhode Island Justice Commission, the Violent Crimes Indemnity Fund, and private-sector contributions.
1999 Enrollment 7,503
Disposition Outcome Bench Warrant Issued 293 361 464 219 414 Case Dismissed 83 26 22 17 44 Entered Diversion Program 18 44 38 20 40 Cases Filed 262 200 779 1,574 2.683 Cases Filed with Restitution 1,145 1,293 128 378 410 Guilty i i i 0 3 Not Guilty 2 3 0 0 0 Nolo Contendre 1,403 i.oil 939 3,125 3,949 Cases Passed for Trial 526 222 169 75 17 Cases Waived 26 25 9 7 68 4,842 Pending 2,497 2.816 3.512 5,052 Services Provided
Case Status Notification 3,006 3.414 4.204 6,016 4.893 Court Escort 203 292 227 128 166 Crime Impact Statement^ 1,699 1.819 2.572 2,313 1.461 Crisis Counseling 285 477 9 4 5 Referral Service 154 176 394 506 414 Restitution Service 279 167 779 413 410 System Orientation 3,000 2.873 4.179 3,560 4.838 Monitoring Services 469 491 Domestic Violence Counseling 168 • • 279 292 Community Services 129 • • 9 26 27 AIDS Testing • 82 86 Substance Abuse Counseling 72 • • 21 22 Mental Health Counseling 18
* Not available.
State of Rhode Island - 1999 Report on the Judiciary The Budget for the Rhode Island Courts
FIVE YEAR COMPARISON
FY96 FY97 FY98 FY99 FY2000 Audited Audited Audited Unaudited Recommended
$2,620,045,578 $2,780,597,810 $3,722,993,024 $4,1 19,405,179 $4,562,204,584
Increase (30,827,388) 160,352,232 942,395,214 396,412,155 442,799,405
51,148,447 54,056,428 57,321,708 60,902,247 59,952,222
Increase 2,406,122 2,559,674 3,265,280 3,580,539 (950,025)
judicial Share 1.95% 1.94% 1.53% 1.47% 1.31% 15,934,809 Supreme Court 13,398,052 15,184,181 16,737,178 15,325,628 Superior Court 13,176,707 13,470,765 13,838,899 14,096,389 13,315,900 Family Court 9,572,474 10,324,351 11,006,316 11,616,099 12,189,528
District Court 5,629,443 5,956,121 6,042,967 6,360,100 6,514,250
Workers' Comp. Court 3,542,398 3,907,373 3,940,265 4,072,743 4,249,935
Traffic Tribunal 5,829,373 5,213,637 5,756,083 5,247,013 5,074,169
Justice Link 3,575,094 3,282,812
Total Expenditures $51,148,447 $54,056,428 $57,321,708 $60,902,247 $59,952,222
Personnel 37,247,410 39,800,286 42,538,094 44,626,338 46,422,641
Other State Operations 6,565,363 7,032,969 7,816,963 9,257,982 9,594,550
Assistance, Grants & Benefits 3,380,229 3,386,717 3,342,368 3,677,797 3,799,237
Subtotal:
Operating Expenditures $47,193,002 $50,219,972 $53,697,425 $57,562,1 17 $59,816,428
Capital Improvements 135,794
Capital Debt Service 3,955,445 3,836,456 3,624,283 3,340,130
Total Expenditures $51,148,447 $54,056,428 $57,321,708 $60,902,247 $59,952,222
General Revenue 46,372,512 48,631,270 49,851,805 51,779,503 50,817,175
Federal Grants 155,633 669,612 2,359,074 3,166,041 3,844,773
Restricted Receipts 4,620,302 4,755,546 4,812,849 5,710,477 5,154,480
Other 297,980 246,226 135,794
Total Expenditures $51,148,447 $54,056,428 $57,321,708 $60,902,247 $59,952,222 * Not available.
16 State of Rhode Island - 1999 Report on the Judiciary Supreme Court
SUPREME COURT CASEFLOW
Calendar 1999 was the fifth year m a row that Supreme Court appeals declined, and it was the first time in over a decade that appeals dipped below 600. The decrease in docketed cases was primarily due to petitions for writ of certiorari. This year filings of this type were the lowest in a decade. Compared to last year petitions for certiorari fell by almost 21 percent, and compared to five years ago they dropped by 35 percent.
Dispositions fell slightly below new appeals in 1999.
The total number disposed of was 15 less than the number docketed. This occurred in part because the court has become CASES DOCKETED VS. CASES DISPOSED current in hearing cases on the oral argument calendar and had End of the Year (ewer cases available. In fact the court has never been so current in hearing cases for oral argument!
Broken down by stage of disposition, appeals disposed of before argument on the motion calendar accounted for roughly
53 percent of the total. The cases disposed of on the motion calendar represented another 34 percent, and the number disposed of after argument on the merits was approximately 13 percent of total dispositions. The number of written decisions by the court this year included 49 orders, 96 per curiam opinions and 74 full opinions.
The court has established a goal of 300 days from docketing to disposition of appeals, and in 1999, roughly 47 percent of the cases disposed of were within this guideline.
There was a small increase in the pending caseload this year which was fairly evenly distributed among the different categories: pending civil appeals rose to 318; other miscellaneous appeals increased to 11; and criminal appeals went up to 147.
This marked the fourth consecutive year that criminal appeals have increased. Since 1995 appeals of this type have climbed by
almost 39 percent. However, it should be noted that the
majority of criminal appeals are represented by the Public
Defender, and a recent increase in the appellate staff of CHANGE IN PENDING CASELOAD this office should help to reduce the inventory in this End of the Year category in 2000. In contrast, there was a slight decline in
the number of petitions for certiorari pending. The
number dropped to 100.
The number of cases pending at certain stages was also
slightly higher than a year ago. Compared to last year both |aAll Cases] the number of appeals pending at the pre-briefing stage and
the number of appeals waiting to be heard on the motion
calendar increased, while the number of cases with both briefs
filed showed almost no change, and the number of appeals
that were argued, submitted and awaiting an opinion
decreased from last year. State of Rhode Island - 1999 Report on the Judiciary 17 Superior Court
Superior Court Caseflow
Superior Court made significant inroads this year in reducing both the pending criminal caseload and the number of civil
cases on the trial calendar. In Providence County the number of civil cases pending trial dipped below 3,000 for the first time
since statistics have been kept!
Felony filings were lower than in 1999. The total number dipped by roughly 9 percent due to Providence and Kent
Counties where they were the lowest in five years. Felony filings showed little change from last year in Washington County,
whereas in Newport County they climbed by about 10.5 percent.
In contrast to felonies, misdemeanor filings were
significantly higher than a year ago due to increases in both Provi-
dence and Kent Counties. In Providence the number filed jumped
by almost 14 percent compared to 1998 and was the highest it has
been in Five years.
On the civil side filings increased in Providence County
but were either unchanged or lower elsewhere. The number of
cases added to the trial calendar also varied by location compared
to last year. There was a slight decrease in the number in both
Providence and Kent Counties. In Washington County it dropped
by roughly 17 percent. On the other hand, the cases added to the
civil trial calendar in Newport County jumped by almost 31 percent.
Felony dispositions exceeded filings in Providence and Kent Counties for the year, while in Washington County the
disposition rate was 92 percent, and in Newport County it was 87
percent. In Providence County 53 percent of the cases disposed of
FELONY CASES PENDING OVER 180 DAYS were handled within the 180 day guideline. In Washington County FROM SUPERIOR COURT ARRAIGNMENT Out-Counties it was 62 percent, in Kent County it was 69 percent, and in Newport it was 80 percent.
Providence County made gains in reducing the number of felony
cases pending over 180 days from arraignment compared to a year
ago. However, elsewhere the number pending over 180 days
increased. The felonies pending over 180 days were 25 percent of
the total in Washington County, 29 percent in Kent County, 40
percent in Newport County, and 43 percent in Providence County.
These numbers are based on the pending caseload as of
December 6, 1999.) 18 State of Rhode Island - 1999 Report on the Judiciary Misdemeanor dispositions exceeded filings in Providence and Newport Counties and were on a par with filings in
Washington County. However, in Kent County dispositions fell below filings with a disposition rate for the year of 77 percent.
At the end of the year there were only 74 misdemeanor cases pending in the three out-counties combined, and in Providence
County the number pending was 188. Out of the total number of misdemeanors pending, roughly 62 percent were over 90 days old.
On the civil side, three counties. Providence. Kent and Newport, were able to dispose of more cases than were added to the trial calendar for the year, while dispositions fell short of the number added in Washington County. In Newport and
Washington Counties the median time to disposition for cases on the trial calendar was 2 to 2 " years, and in Providence and
Kent Counties it was 2 ' to 3 years.
At the end of the year the number of civil cases pending FELONY CASES PENDING OVER 180 DAYS FROM trial was lower compared to last year in Providence, Kent and SUPERIOR COURT ARRAIGNMENT Providence County Newport Counties. In Providence County the number dropped to
2.798 and. as previously noted, this marked the first time that the caseload has been below 3,000. On the other hand, the number pending in Washington County rose by almost 10 percent.
This year there were 703 cases disposed of through the arbitration and mediation programs, which was a slight decline from a year ago.
State of Rhode Island - 1999 Report on the Judiciary 19 Family Court
FAMILY COURT CASEFLOW
The results for 1999 showed a downturn in Family Court filings for the third consecutive year. Filings dipped by roughly
2 percent compared to 1998, and over three years total filings have declined by almost 17 percent. Nevertheless, filings are still higher than a decade ago. Moreover, filings alone do not adequately measure the workload of the court, in particular the
additional work the Family Court took on in 1997
with the authority to suspend drivers' and
professional licenses for failure to pay child TOTAL FILINGS support. In part due to this new jurisdiction, the
Family Court Reciprocal Office reported that child
support related hearings exceeded 20,000 in 1999
for the third year in a row. Compared to three
years ago this workload has risen by almost 30
percent.
Filings were lower in two categories in 1999:
juvenile and domestic abuse. Juvenile petitions 1995 1996 1997 1998 1999 decreased by 10 percent, and abuse petitions slipped
by 1.7 percent. In the juvenile category the de- cline was due primarily to wayward/ delinquent petitions which fell by 11 WAYWARD/DELINQUENT CASES percent. Neglect/abuse petitions were DISPOSED WITHIN 90 DAYS also lower as were termination of rights petitions. While these three areas accounted for the decline in juvenile filings, other areas increased, including adoption/guardianships and violations.
Violations have risen each of the past four years, and over this period have climbed by almost 45 percent.
The downturn in juvenile filings was reflected in the results in all
20 State of Rhode Island - 1999 Report on the Judiciary four counties. In Providence County the number filed dropped by about 12 percent and for the first time in recent years dipped below 7,000. In Washington County the difference was roughly 14 percent, and in Newport County it was about 12 percent.
Kent showed the smallest drop of under 1 percent.
The categories with higher filings were child support and divorce petitions. However, the increase in divorce petitions was limited to Providence County, while elsewhere filings of this type decreased.
Turning to court activity, adjudications fell just short of wayward/delinquent filings this year in both Providence and
Washington Counties. In Providence County the adjudication rate was 98 percent, and in Washington County it was 97 percent. In Newport County the adjudication rate was 94 PENDING CONTESTED TPR CALENDAR percent, and in Kent County it was 88 percent. Providence County
Also during 1999, 56 percent of wayward/delinquent cases were adjudicated within 90 days in Providence County, 52 percent were adjudicated within 90 days in Washington County,
47 percent were within 90 days in Kent County, and 42 percent were within 90 days in Newport County.
Another area that the court closely monitors is the
TPR caseload on the contested calendar in Providence County.
Compared to last year the court reduced the total number of contested TPR cases pending by 35 percent. Likewise, compared to last year the number of families pending was reduced by almost 20 percent, and the number pending for more than a year dropped by almost 18 percent. However, the number for families with cases pending over two years has risen slightly.
On the domestic side the court continued to control the backlog of contested divorce cases in the out-counties. In all three out-counties combined there was only 1 case pending on the contested calendar for more than a year in Kent County. In
Providence County, under the new case management process, there were only 3 pending cases over twelve months old.
State of Rhode Island - 1999 Report on the Judiciary 21 District Court
District Court Caseflow
Criminal statistics in the District Court had to be estimated for 1999 due to the installation of new case processing software in the beginning of December. Reiving on estimates, the results showed that filings court wide were the lowest they have been in five years. Filings were also lower in every division. In the Second Division the number filed went down about 13 percent, filings dropped by over 5 percent in the Sixth Division, by 7 percent in the Fourth Division, and by 3 percent in the Third
Division.
Even though total filings were lower, there were some fluctuations by case category and location. Estimated misdemeanor misdemeanor filings vs. dispositions End of the Year filings slipped by about 1.5 percent overall. However, they Thousands declined in only two of the divisions, the Second and the Sixth.
The estimated total for felony filings also fell slightly, dipping by roughly 1.4 percent. Domestic abuse filings decreased and were at their lowest level ever. Small claims also tumbled after rising steadily 1 I 2nd Division 3rd Division 4th Division 6th Division each year since 1993. The number of claims dropped by almost 18 • Filings percent and was lower in every division. Civil filings were the one category that increased slightly overall. The number filed rose by less than 1 percent with increases recorded in three of the four divisions, the Second, Third and Sixth.
In addition to these five main categories, the District Court handles two other types of cases, administrative appeals and
mental health certifications. Last year the number of administrative
appeals dropped sharply, but this year it was more on a par with CIVIL FILINGS previous years. On the other hand, mental health certifications
were significantly lower than a year ago. The number of hearings
declined by 17 percent, and it was the fourth year in succession
that the number of hearings has decreased.
Disposition results for 1999 showed that three of the
four divisions disposed of more small claims than were filed this
year, the Third, Fourth and Sixth. In the Second Division the
disposition rate was 79 percent.
State of Rhode Island - 1999 Report on the Judiciary 22 Civil case dispositions exceeded filings in the Second and Third Divisions, while the rate was 73 percent in the Sixth misdemeanor cases disposed within 60 days Division and 88 percent in the Fourth Division.
Misdemeanor dispositions ranged from 92 to 98 percent of filings. The rate in the Second Division was 92 percent However, dispositions in this division may have been underreported due to a backlog in data entry. The disposition rate was 94 percent in the Sixth Division, and it was 98 percent in both the Third and Fourth Divisions.
At the end of November the number of misdemeanors pending over the 60 day guideline was significantly higher in all divisions than in the past partly due to a backlog in data entry. The increase also reflected efforts at data clean up, particularly the clean up of cases incorrectly showing active warrants. A more accurate picture of the court's efficiency was the time to disposition. Through November the Sixth Division disposed of 90 percent of its misdemeanor cases within the 60 day guideline.
The Third Division disposed of 92 percent, and the Second and Fourth Divisions both disposed of 97 percent.
State of Rhode Island — 1999 Report on the Judiciary 23 Workers' Compensation Court
WORKERS' COMPENSATION COURT CASEFLOW
In a departure from past trends, the Workers' Compensation
Court did not dispose of as many petitions as it received in
1999. As a result, there was an increase in the pending caseload FILINGS vs. DISPOSITIONS End of the Year of almost 10 percent. However, it should be noted that throughout
1999 the Workers' Compensation Court operated with seven
associate judges rather than its authorized complement of nine.
Also a break from past patterns case filings were higher
than in 1998. They rose by just under 2 percent, and the
increase was primarily in the category of employee petitions. DispositionsFilings Nevertheless, new claims were still lower than in any other
prior year.
Dispositions at the pretrial stage climbed to 66 percent of the total. In the past, 58 to 59 percent of all dispositions occurred routinely at pretrial. Approximately 60 percent of the cases disposed of at pretrial were handled within 30 days, and 91 percent were completed within 90 days. At the trial stage 75 percent of the cases were handled within 270 days, and 84 percent
were disposed of within a year. CHANGE IN PENDING CASELOAD A snapshot of petitions at the trial stage Thousands End of the Year showed that out of the 1,366 pending, roughly 41 percent,
were over 270 days old. Compared to a year ago both total
petitions at the trial stage and the number over 270 days old
have risen. Total petitions climbed by 20 percent, and the
number over 270 days old went up by 25 percent.
During 1999 appeals disposed of by
appellate panels were a significantly smaller number than in
previous years.
24 1999 Report on the Judiciary — State of Rhode Island Rhode Island Traffic Tribunal
RHODE ISLAND TRAFFIC TRIBUNAL CASELOAD
The number of summonses issued to the Rhode Island Traffic Tribunal in 1999 was significantly lower than in the past three years while dispositions showed a marked increase. Compared to 1998 Traffic Tribunal summonses dropped by over 23 percent. This year summonses returned to the Traffic Tribunal represented roughly 62 percent of the total number issued, and municipal court summonses were 38 percent.
The decline in Rhode Island Traffic Tribunal summonses was reflected in at least two categories where comparative data was available, breathalyzer refusals and insurance violations. Compared to a year ago breathalyzer refusals decreased by roughly 7 percent, and insurance violation filings fell by about 17 percent. In both categories filings were lower than in any of the previous three years. Also, appeals within the Rhode Island Traffic Tribunal were less than half of last year's number and lower than in any of the three previous years.
The Rhode Island Traffic Tribunal succeeded in disposing of more summonses than were issued in 1999, despite not having a full complement of judges at the beginning of the year. The number disposed of was 169 percent of filings. This year court hearings accounted for about 74 percent of dispositions, and the summonses paid by mail accounted for the remaining 26 percent.
Although lower than last year, breathalyzer refusal and insurance dispositions were also significantly higher than the number filed.
It should be noted that the Rhode Island Traffic Tribunal was the successor to the Administrative Adjudication Court
(AAC), effective July I, 1999.
State of Rhode Island - 1999 Report on the Judiciary 25 Boards and Panels
Ad Hoc Task Force on Limited English Speaking Litigants
Ad Hoc Task Force on Limited English Speaking Litigants 250 Benefit Street Providence, RI 02903 (401) 222-3272
Members: The Rhode Island Supreme Court Ad Hoc Task Force on
The Honorable O. Rogeriee Thompson Limited Speaking Litigants stems from an early community coalition. The
Associate Justice, Superior Court, Chair establishment of this Task Force in 1991 not only reflected the prior
The Honorable Joseph R. Weisberger success of the community coalition, but also marked the firm commitment
Chief Justice, Supreme Court on the part of the Rhode Island Judiciary to ensure constitutional rights
The Honorable William J. McAtee for all litigants in the state. Since then the Task Force has moved steadily
Magistrate, Superior Court toward advancing a certification process that will guarantee equal access
The Honorable Joseph P. Ippolito, Jr. to all persons.
Magistrate, District Court With the passage of an "Act Relating to the Use of Language
Dulce M. Bodden Interpreters in Legal Proceedings ", the courts, in cooperation with the
Michael Egan, Esquire Rhode Island Department of Higher Education has embarked on a training
Maryjean Francis, R.N.C. and certification program. This training program is offered by the
Holly Hitchcock Community College of Rhode Island as a certificate program. Persons
Theresa LaBonte wishing to interpret for the courts are required to present prerequisite
Sandra Morra skills in English and a second language. They participate in training for
David Prior, Esquire consecutive and simultaneous translation as well as sight translation. Graduates
Ana Cecelia Rosado from this program and persons presenting similar qualifications will be in
William Shuey the best position to become certified as court interpreters.
Xeng Xiong As Rhode Island acknowledges its diverse citizenry, the courts, through the Ad Hoc Task Force is addressing this diversity and its changing
needs as it moves toward certification of interpreters.
State of Rhode Island — 1999 Report on the Judiciary 2 7 Advisory Committee on the Code of Judicial Conduct
Advisory Committee on the Code of Judicial Conduct Fogarty Judicial Annex 24 Weybosset Street, Providence RI 02903 (401) 222-3270 (Pursuant to Supreme Court Article VI, Rule I)
Members: In 1983 the Supreme Court amended the Canons of Judicial
The Honorable Richard J. Israel Ethics to create the Advisory Committee on Judicial Ethics. The amendment Associate Justice, Superior Court, Chair restricts judicial participation in testimonials and fundraising and establishes The Honorable Gilbert V. Indeglia
Associate Justice, Superior Court criteria for determining the appropriateness of a judge's involvement in
The Honorable Haiganush R. Bedrosian these events. The amendment also specifies that advisory committee Associate Justice, Family Court members be drawn from several state courts "to assist judges in complying The Honorable Patricia D. Moore with the canons by responding to requests for opinions." Associate Judge, District Court
The Honorable Janette A. Bertness Advisory opinions are often sought to determine whether a
Associate Judge, Workers' Compensation Court token of recognition offered to a judge falls within the guidelines of the Elizabeth A. DelPadre, Esquire canon. These opinions also help judges communicate the restrictions Attorney for Committee imposed by the canons to groups requesting their help in worthy causes.
The committee can also respond to requests for advice on other canons.
Committee members are appointed to staggered two-year terms.
The Supreme Court usually appoints members for a single term only so
that both the burden and the experience of this duty are shared widely by
members of the judiciary.
In 1994 the Supreme Court ruled that judicial advisory opinions
are a matter of public record and that confidentiality of the requesting
judge's name is not required.
The committee received four requests for advisory opinions in
1999. The committee issued four advisory opinions.
28 1999 Report on the Judiciary - State of Rhode Island Board of Bar Examiners
Board of Bar Examiners Rhode Island Supreme Court 250 Benefit Street, Providence, RI 02903 (401) 222-4233 (Pursuant to Supreme Court Article II, Rule 5)
Members: The Board of Bar Examiners tests the legal knowledge of bar
Joseph Roszkowski, Esquire, Chair applicants by administering bar examinations on the last Wednesday and
Joseph V. Cavanaugh, Jr., Esquire Thursday of February and July. Applicants must be graduates of a law
Mary Louise Kennedy, Esquire school approved and accredited by the American Bar Association and must
Michael R. Goldenberg, Esquire have received a scaled score of 80 on the Multistate Professional
Joseph Houlihan, Esquire Responsibility exam prior to sitting for the two-day examination. The
John A. MacFadyen, 3rd, Esquire Multistate Bar Exam (MBE) is given on the first day, and essay questions
Marilyn Shannon McConaghy, Esquire on Rhode Island law are given on the second day. Applicants need a scaled
Brian B. Burns. Administrator score of 140 on the MBE and must successfully answer seven out of
Kathleen Cacchiotti, Executive Secretary twelve essay questions or a 135 on the MBE and correctly answer nine of twelve essay questions.
The Supreme Court appoints seven attorneys to the board for
five-year terms. Members proctor the bar exam and score the responses to
the questions. In 1999 the board processed 240 applications and
recommended 163 individuals for admission to the bar.
State of Rhode Island — 1999 Report on the Judiciary 29 Commission on Judicial Tenure and Discipline
Commission on Judicial Tenure and Discipline Fogarty Judicial Annex 24 Weybosset Street, Providence, RI 02903 (401) 222-1188 (fax 222-1493) (Pursuant to R.I.G.L.j 8-16-1)
The Commission on Judicial Tenure and Discipline was created
The Honorable Alice Bridget Gibney in 1974 to provide a forum for complaints against any justice of the
Associate Justice, Superior Court, Chair Supreme, the Superior, the Family, the District, the Workers' Compensation,
The Honorable Melanie Wilk Thunberg or the Rhode Island Traffic Tribunal. The commission reviews allegations
Associate Justice, Superior Court of serious violations of the Code of Judicial Conduct including willful
The Honorable Kathleen A. Voccola and persistent failure to perform judicial duties; disabling addiction to
Associate Justice, Family Court alcohol, drugs, or narcotics; conduct that brings the judicial office into
The Honorable John J. Cappelli serious disrepute; or a physical or a mental disability that seriously interferes
Associate Judge, District Court with, and will continue to interfere with, the performance of judicial
The Honorable George E. Healy, Jr. duties.
Associate Judge, Workers' Compensation Court Following a formal hearing, the commission determines whether
Senator M. Theresa Paiva-Weed charges have been sustained. If eight members of the commission who
Representative Donald J. Lally were present throughout the hearing find that the charges have been
Representative Robert A.Watson sustained, the commission reports its finding to the Supreme Court and
Richard S. Humphrey, Esquire recommends a reprimand, a censure, a suspension, a removal or a retirement
Jeanne E. LaFazia, Esquire of the judge. The commission may also recommend immediate temporary
Raymond A. Maraccio suspension of the judge during the pendency of further proceedings. If
George L. Santopietro, Esquire charges have not been sustained, the complaint is dismissed, and the judge
Deming E. Sherman, Esquire and the complaining party are notified. Deborah M.Tate, Esquire The fourteen-member commission represents a cross section of
the population: six represent the State Bar Association and the public at
large and are appointed by the Governor with the advice and consent of
the Senate; one is appointed by the Senate majority leader; two are
appointed by the Speaker of the House; and five judges are appointed by
the Supreme Court. All appointments are for three-year terms.
30 1999 Report on the Judiciary — State of Rhode Island Committee on Character and Fitness
Committee on Character and Fitness Rhode Island Supreme Court 250 Benefit Street, Providence, RI 02903 (401) 222-4233 (Pursuant to Supreme Court Article II, Rule 3)
Established by the Supreme Court m 1988, the Committee on Character
Steven M. McInnis, Esquire, Chair and Fitness determines the moral fitness of Rhode Island Bar applicants by
Berndt W. Anderson, Esquire scrutinizing their finances, legal training, and criminal records, if any. Applicants
William C. Clifton, Esquire also must participate in a personal interview.
Gerald Coyne, Esquire Following the interview, applicants may be referred to the full committee
John A. MacFadyen, 3rd, Esquire for a hearing if further review is warranted. A recommendation is then made to the
Kristen Rodgers Sullivan, Esquire Supreme Court concerning whether an applicant should be admitted to the bar or
Brian B. Burns even allowed to take the bar examination. The court may then grant the applicant's
Barbara Margolis, Legal Counsel request or require the applicant to show cause why the court should grant the
Kathleen Cacchiotti, Executive Secretary request. The seven Supreme Court - appointed members serve three-year terms.
Committee on Professionalism and Civility
Committee on Professionalism and Civility Honorable Joseph R. Weisberger 250 Benefit Street Chief Justice, Supreme Court Providence, RI 02903 Honorable John P. Bourcier (401) 222-3272 (Pursuant to Executive Order 95-05) Associate Justice, Supreme Court Honorable Joseph F. Rodgers, Jr. Established in 1995 to formulate standards and goals for promoting Presiding Justice, Superior Court professional conduct within the judicial system, the committee is chaired by the Honorable Jeremiah S. Jeremiah, Jr. Chief Justice and includes members of the bar and bench, and representatives of Chief Judge, Family Court Honorable Robert Rahill academia and the public. Associate Judge, District Court The standards are aspirational goals reflecting the consensus of the Rhode Honorable Robert F. Arrigan Island legal community concerning appropriate behavior by members of the bar and
Chief Judge, Workers Compensation Court the bench. They address attorneys' obligations in dealing with clients, the court, and Dean Bruce Kogan the public as well as the obligations of judges in interacting with attorneys, litigants, Roger Williams University School o f Law witnesses, and one another. John Blish, Esquire The standards were formally adopted by the Supreme Court on May 20, David Cooper, Esquire Michael H. Feldhuhn, Esquire 1996, and have been published as Appendix I to the Rules of Professional Conduct Lauren Jones, Esquire for attorneys. Edwin Krause, Esquire Lynette Labinger, Esquire Beverly Ledbetter, Esquire Peter McGinn, Esquire Daniel A. Procaccini, Esquire Aram Schefrin, Esquire Kelly Sheridan, Esquire 31 State of Rhode Island — 1999 Report on the Judiciary Disciplinary Board
Disciplinary Board Fogarty Judicial Annex 24 Weybosset Street, Providence, RI 02903 (401) 222-3270 Fax: (401) 222-1191 (Pursuant to Supreme Court Article HI, Rule 4)
Members: The Disciplinary Board consists of eight (8) attorneys and four (4) public
Maryjo Carr, Esquire, Chair members who are appointed by the Supreme Court. Members may serve two terms,
C. Russell Bengtson, Esquire, Vice Chan not to exceed six years on the board. The board oversees the Office of the Disciplinary
Nancy Fisher Chudacoff, Esquire Counsel, which reviews and investigates all allegations of attorney misconduct
Peter A. DiBiase, Esquire received from complainants. The board must authorize the filing of formal charges
Rosanna Ford against an attorney. It then conducts hearings and makes recommendations for
Lise M. I won, Esquire discipline if such is deemed necessary. The board may petition the court to place an attorney on inactive status if the attorney is mentally or physically incapacitated. Robert G. Jeffrey, Esquire The board may also ask attorneys to appear before it to clarify an alleged infraction Neil P. Philbin, Esquire of the Rules of Professional Conduct. James J. Rubovits The Disciplinary Counsel maintains a screening process whereby any Michael A. St. Pierre, fs^wrr complainant may speak to a staff attorney prior to the filing of the complaint. This Sydney O. Williams procedure increases the efficiency of the board by eliminating frivolous complaints Viola M. Wyman and by bringing serious matters to the immediate attention of the board. Staff
attorneys cannot provide legal advice to complainants; however, they are to give
assistance by referring complainants to other agencies that may assist them in
obtaining legal representation.
The number of complaints the Office of Disciplinary Counsel investigated
in 1999 was 310. An additional 81 complaints were not opened for formal investigation
as the complaints did not fall within the office's jurisdiction and/or allege a rule
violation.
During 1999 the Disciplinary Counsel received 25 notices of overdrafts
on attorney trust accounts. The notices are transmitted pursuant to Article IV, Rule
2. In each case of an overdraft notification the attorney was requested to provide an
explanation, in writing, and in some cases Disciplinary Counsel interviewed the
attorney. None of these matters resulted in a formal investigation of misconduct.
However, the overdraft-notification rule does act as a significant deterrent against
the misappropriation of client funds.
3 2 1999 Report on the Judiciary — State of Rhode Island Disciplinary Actions Intake Screening and Complaint Processing 1995 1996 1997 1998 1999
572 537 Complaints opened for investigation 493 445 391 286 254 212 Complaints outside jurisdiction of disciplinary board 176 164 138 no 77 Informal complaints 88 81 138 167 187 174 Fee disputes (no misconduct alleged) 133 10 6 8 7 Notice of insufficient funds 10 * 28 13 22 Nature of Complaints 25 Dissatisfaction 175 145 125 120 109 Fee dispute 41 22 14 4 Neglect 8 4 6 2 0 I Failure to account for funds 6 9 5 0 I Conviction of a crime 0 0 0 0 0 Conflict of interest 12 7 2 4 2 Conduct reflects adversely on bar I 2 0 0 0 Other 101 94 79 58 54 Source of Complaints Client 223 202 158 143 135 Nonclient 53 43 38 32 27 judge 3 0 0 I I Opposing counsel 3 6 6 2 0 Other attorney 3 6 3 0 0 Chief disciplinary counsel 10 3 9 4 3 Creditor 0 I 0 0 0 Other 3 I 0 0 2 Board Actions Cases presented before screening panel « , 184 180 Complaints with regular dismissal 235 213 185 128 130 Complaints dismissed with an admonition 20 18 19 18 16 Complaints dismissed with conditional letter of dismissal « * « I 0 Complaints dismissed with cautionary letter to attorney 0 • 24 18 Letter of reprimand issued 4 3 2 6 5 Authorize petition for disciplinary action • * * 5 4 Referred to court under rule 6(e) 4 0 4 I 4 Approve decisions of board and transfer to the court * • • II 3 Referred to RI Bar Association fee arbitration 0 3 29 0 0 Reconsider complaint prior to reinstatement 9 * 0 3 I —Court Actions Ordered to respond pursuant to rule 6(e) 4 0 4 I 4 Private censure 8 I I 0 0 Public censure I 2 3 3 I Order entered requesting attorney under supervision « » • I I Disbarment (including consent to disbarment) 2 7 3 5 3 Petitions dismissed • • • 2 0 « « » Reconsider prior to reinstatement after hearing I I • » Reciprocal discipline 2 0 Suspensions 6 8 6 3 7 « » • I Petiton filed for convictions of crimes 2 0 « • 2 Petitions for reinstatement filed 2 * I 0 Petitions for reinstatement denied * Petitions for reinstatement granted * * • I I w/ attorney under supervision I 0 I 0 I Transferred to inactive status I 0 0 0 Resignations 2 tf 2 I 0 I Special magistrate appointed Not available
33 State of Rhode Island — 1999 Report on the Jud.c.ary Ethics Advisory Panel
Ethics Advisory Panel Fogarty Judicial Annex 24 Weybosset Street, Providence, RI 02903 (401) 222-3270 (Pursuant to Supreme Court Article V, Rule 9)
Members: The Ethics Advisory Panel was established by the Supreme Court in 1986
Deborah Miller Tate, Esquire, Chair to provide Rhode Island attorneys with confidential advice on prospective behavior based on the Rules of Professional Conduct. Although attorneys are not required to Robert Corrente, Esquire abide by panel opinions, those who do so are fully protected from any subsequent Susan McGuirl, Esquire charge of impropriety. Edward H. Newman, Esquire Panel opinions are published in the Rhode Island Bar Journal and the Rhode Joseph F. Penza, Esquire Island Lawyers Weekly. The State Law Library maintains a set of panel opinions and a Elizabeth A. DelPadre, Attorney for Panel topical index. The ABA/BNA Manual on Professional Conduct also indexes and
publishes summaries of panel-opinion digests.
The Supreme Court appoints five Rhode Island attorneys to serve one- or
two-year terms.
The panel received 20 written requests from attorneys seeking advisory
opinions in 1999. There were seven requests pending from the previous year. The
panel issued 19 advisory opinions and declined to render opinions in regard to six
requests pursuant to Supreme Court Ethics Advisory Panel Rule 2 entitled "Jurisdiction."
The panel forwarded copies of general informational opinions in lieu of issuing
opinions for two of the requests.
The staff attorney's responsibilities include meeting with attorney's on a
daily basis, rendering advice and guidance to attorneys making inquiries by
telephone, providing research information to panel members and the Rhode Island
Bar Association, and making copies of panel opinions available to other states.
34 1999 Report on the Judiciary — State of Rhode Island Future of the Courts Committee
Future of the Courts Committee Rhode Island Supreme Court 250 Benefit Street, Providence, RI 02903 (401) 222-2500
Members: The Future of the Courts Committee was established in 1996 and was The Honorable John P. Bourcier Justice, Supreme Court, Chair charged with determining the technologies, methods and jurisprudential philosophies Joseph W. Walsh, Esquire, Vice Chair that will be needed in the operation of the judicial system of the 21st century. The Honorable Bruce M. Selya Specifically, the chief justice has tasked the committee with examining the present Judge, U.S. Court of Appeals for the First Circuit The Honorable Joseph F. Rodgers, Jr. structure of the Rhode Island judiciary, the present jury system, alternative methods
Presiding justice, Superior Court of dispute resolution, the interface of the courts with the public, caseflow management The Honorable Peter Palombo, Jr. and court technology in the future. Associate Justice, Family Court The Honorable Albert E. DeRobbio The committee has 30 members representing the state and federal judiciary. Chief Judge, District Court the bar and the public. The committee is expected to complete its work in 2000 and The Honorable Robert K. Pirraglia submit a final report with its findings and recommendations. Associate Judge, District Court The Honorable Janette A. Bertness Associate Judge. Workers' Compensation Court The Honorable Lillian M. Almeida Judge. Traffic Tribunal The Honorable Joseph P. Ippolito, Jr. Magistrate, District Court Maureen A. Aveno John H. Barrette Edward N. Beiser, Ph.D. J.D. Mr. William Burgess Thomas M. Dickinson, Esquire William C. Dimitri, Esquire Vincent DiMonte, Esquire Robin Feder, Esquire William Ferland, Esquire Zygmunt J. Friedemann, Ph.D. J. Michael Keating, Jr., Esquire Beverly E. Ledbetter, Esquire Eva Marie Mancuso. Esquire Elizabeth McDonough Noonan, Esquire Stephen Nugent, Esquire Dean Bruce I. Kogan Anthony J. Santoro Leo Skenyon Madis T. Suvari, Esquire John A. Tarantino, Esquire Susan McCalmont, Staff Stephen King, Staff
State of Rhode Island — 1999 Report on the Judiciary 3 5 Judicial Performance Evaluation Committee
Judicial Performance Evaluation Committee 250 Benefit Street, Providence, RI 02903 (401) 222-2500 (Pursuant to Supreme Court Article VI, Rule 4)
Members: The Judicial Performance Evaluation Committee was established by
The Honorable Victoria Lederberg Supreme Court Article VI, Rule 4, issued on March 25, 1993. The rule was adopted
Justice, Supreme Court, Chair in recognition of the fact that the periodic evaluation of a judge's performance is a
The Honorable Joseph F. Rodgers, Jr. reliable method for promoting judicial excellence and competence. Under the rule,
Presiding justice, Superior Court the committee is responsible for developing and administering a program for the
The Honorable Jeremiah S. Jeremiah, Jr. continuing evaluation of judicial performance under the Supreme Court's supervision.
Chief Judge, Family Court The primary goal of performance evaluation is not only to promote the
The Honorable Albert E. DeRobbio self-improvement of individual judges but also to promote the improvement of the
Chief Judge, District Court Judiciary as a whole. A secondary goal is the improvement of the design and the
The Honorable Robert F. Arngan content of continuing judicial-education programs.
Chief Judge, Workers' Compensation Court The data that has been compiled is periodically transmitted to the Chief
Lauren E. Jones, Esquire Justice, Presiding Justice, and the Chief Judge of each court. The Chief Justice,
John A. MacFadyen, 3rd, Esquire Presiding Justice, or Chief Judge then reviews with each judge his or her evaluations
William P. Robinson, Esquire that were submitted during the year. In the Superior Court, either the Presiding
Milton H. Hamolsky, M.D Justice or one of several retired judges of that court may conduct this review with
the judge under review.
36 1999 Report on the Judiciary — State of Rhode Island Law Day Committee Law Day Committee 250 Benefit Street Providence, RI 02903 (401) 222-3272
Members: The Courts of Rhode Island have long celebrated National Law Day on
The Honorable Victoria Lederberg May 1st of each year. In 1996, Chief Justice Joseph R. Weisberger formally
Justice, Supreme Court, Co-Chair appointed a Law Day Committee to coordinate the activities of all Rhode Island
The Honorable Maureen McKenna Goldberg judges on this annual occasion. Along with the Rhode Island Bar Association, Roger
Justice, Supreme Court, Co-Chair Williams University School of Law, the Rhode Island Department of Elementary
The Honorable Albert E. DeRobbio and Secondary Education, and the Rhode Island Police Chiefs Association, the
Chief Judge, District Court, Co-Chair Law Day Committee arranges for programs in dozens of Rhode Island schools in
The Honorable Jeremiah S. Jeremiah, Jr. celebration of Law Day. The programs have emphasized the importance of law as
Chief Judge, Family Court a unifying force m our diverse society and have provided students with opportunities
The Honorable Francis J. Darigan, Jr. tor discussion with members of the legal community.
Associate Justice, Superior Court For the first time the Law Day Program includes a statewide teleconference
The Honorable Robert K. Pirraglia on legal issues that affect students as learners and citizens. The program addresses
Associate Judge, District Court the issues of searches of students and their lockers, breathalyzer test at school
The Honorable Bruce Q. Morin events, and the enforcement of cigarette laws. Students in the studio audience are
Associate Judge, Workers' Compensation Court able to directly communicate with the panel members from the judiciary, legal
The Honorable Joseph P. Ippolito, Jr. profession, and law enforcement, while students watching via their school's cablevision
Magistrate, District Court may submit their questions and comments by telephone or e-mail.
Lynne Dawson Each year the programs of the Law Day Committee have reached out to
Rhode Island Bar Association thousands of individuals. The Committees efforts have enabled members of the
Gary Dias bench and bar and law enforcement to provide students in every corner of the state
Chief, Fast Providence Mice with information ranging from the death penalty, to student rights, to domestic
Holly Hitchcock violence. In addition, print media coverage, radio programs and television coverage
MCLE, Supreme Court have enhanced awareness of the Law Day Program and of the role of law in our
Edmond J. Lemoi society.
Principal, Cranston High School West
William McCombe
Chief, Block Island Police
Helen Desmond McDonald
Rhode bland Bar Association
Paul E.Pontarelli , Esquire
Legal Counsel, Department of Education
Harvey Rishifkof,
Dean, Roger Williams Law School
Deborah M. Tate, Esquire
President, Rhode bland Bar Association
State of Rhode Island — 1999 Report on the Judiciary 3 7 Mandatory Continuing Legal Education Commission
Mandatory Continuing Legal Education Rhode Island Supreme Court, 250 Benefit Street, Providence, RI 02903 (401) 222-4942 (Pursuant to Supreme Court Article II,' Rule 3)
Members: Article IV Rule 3, of the Rhode Island Supreme Court Rules established
The Honorable Robert G. Flanders. Jr. a mandatory continuing legal education (MCLE) requirement for all Rhode Island
Justice, Supreme Court, Chair licensed attorneys. The article was signed on January 25, 1993, and set forth a
The Honorable Maureen McKenna Goldberg minimum standard of professional development as one of the criteria to ensure
Justice, Supreme Court ongoing lawyer competence. The commission has 11 members, and is chaired by the
The Honorable Judith Colenback Savage Honorable Robert G. Flanders, Jr. It oversees the regulations, administration, and
Associate Justice, Superior Court compliance with MCLE. The members are professionals from the bench, the bar,
The Honorable Gilbert V Indeglia and academia.
Associate Judge, District Court Ending its compliance year on June 30, 1999, the Rhode Island MCLE
Patricia Buckley. Esquire Commission reported a 99 percent compliance rate by the 5200 active attorneys
Dr. Judeth Crowley who fall under the rule. Each attorney must take and report ten approved credits per
Christopher DelSesto, Esquire year, including at least two in legal ethics. Seventy-three percent of attorneys
Amato DeLuca, Esquire reported more than the requirement and were entitled to carry over.
Stephen A. Fanning. Esquire The commission office, located in the Licht Judicial Complex, mails
Bruce I. Kogan, Esquire official forms on an annual basis. The rule and regulations are printed in the RI
R. Kelly Sheridan, Esquire Supreme Court rules. In addition, attorneys often rely on guidance from the MCLE
Holly Hitchcock. Executive Director office in choosing programs that best suit their practices.
Maria E. Salem, Office Manager
38 1999 Report on the Judiciary - State of Rhode Island National Conference on Building PublicTrust and confidence in the Justice System
National Conference on Building Public Trust and Confidence in the Justice System (Rhode Island Committee)
Members: Organized by the American Bar Association, the Conference of Chief
The Honorable Joseph R. Weisberger Justices, the Conference of State Court Administrators and the League of Women
Chief Justice, Supreme Court Voters, the National Conference on Building Public Trust and Confidence in the
The Honorable Robert K. Pirraglia Justice System was held in Washington, DC in May 1999. A committee was
Associate Judge, District Court established in 1998 by Chief Justice Weisberger as part of Rhode Island's participation.
Robert C. Harrall. Ph. D The committee met several times before the conference to develop a list
State Court Administrator of "public trust issues" which were provided to the organizers of the national
Lauren E. Jones, Esquire conference. Through the use of voting devices all conference participants were able
Rhode bland Bar Association to engage in an intensive strategic planning exercise intended to lead to the
Gary Sasse prioritization of steps to be taken to increase public confidence. The attendees
Rhode bland Public Expenditure Council deemed six issues most critical: unequal justice in the justice system; high cost of
John Hazen White access to the justice system; lack of public understanding; unfair and inconsistent
Public Representative judicial processes; partisan selection vs. meat selection of judges; and poor
"customer relations" with the public. They also judged rune strategies for improving
public trust and confidence important: the top six were to improve education and
training; make the courts more inclusive and outreaching; improve external
communication; provide swift, fair, and reasonably priced justice; share public trust
programs and activities among the states; and implement the recommendations of
gender, race and bias task forces.
39 State of Rhode Island — 1999 Report on the Judiciary Permanent Advisory Committee on Women in the Courts
Permanent Advisory Committee on Women in the Courts 250 Benefit St., Providence RI 02903 (401) 222-2500 (Pursuant to Executive Order 93-07)
Members: The Advisory Committee on Women in the Courts was established in
The Honorable Francis J. Dangan, Jr. 1984 as a study committee to examine the extent of gender bias in the state courts.
Associate Justice, Superior Court, Chair In 1993 the committee was given permanent status. The charge to the committee
The Honorable Howard I. Lipsey was to develop educational programs for judges and for non-judicial staff to increase
Associate Justice, Family Court awareness about the problems and effects of gender bias in the judicial process. The
The Honorable Stephen R Erickson committee was tasked also with examining court statutes, rules, practices and
Associate Judge, District Court conduct when there is any indication that they may result in the unfair treatment of
The Honorable Patricia D. Moore women. At least every five years the committee was responsible for conducting a
Associate Judge, District Court survey of court participants to discern if there are any areas where gender bias is
The Honorable Debra L. Olsson perceived as a problem. In October 1999, the charge to the committee was
Associate Judge, Workers' Compensation Court expanded to include the elimination of racial and ethnic bias as well as gender bias.
David N. Cicilline, Esquire The membership of the committee was also increased from 12 to 25.
Ms. Freda Goldman During 1999 the Women in the Courts Committee succeeded in publishing
Elizabeth A. Kelleher. Esquire its findings from a follow-up survey on gender bias in the courts. The article
Andrew M. Kohlenberg, Esquire appeared in the Rhode Island Bar Journal. The committee also completed a pro-
Denise M. Lombardo-Myers, Esquire posed harassment policy for the judiciary that was approved by the Supreme Court
Dr. Kathryn Quina and will be distributed to all employees in January 2000.
The Honorable Aurendina Gonsalves Veiga
Magistrate, Rhode Island Traffic Tribunal
Susan McCalmont, Staff
40 State of Rhode Island — 1999 Report on the Judiciary P^r man e jrL^iivjj^r jy C om m i t te e on Wo me n an i
Minorities in the Cou r t s
Permanent Advisory Committee on Women and Minorities in the Courts 250 Benefit Street Providence, RI 02903 (Pursuant to Executive Order 99-09)
Members: The Permanent Advisory Committee on Women and Minorities in the
The Honorable Francis J. Darigan, Jr. Courts was established in October 1999. It is an outgrowth of the Women in the
Associate Justice, Superior Court, Chair Courts Committee and thus was conceived as an expansion of the role of this
The Honorable Edward C. Clifton committee to include the elimination of racial and ethnic bias as well as gender bias.
Associate Justice, Superior Court The purpose of the Committee on Women and Minorities in the Courts is to
The Honorable O. Rogeriee Thompson identify problems and make recommendations that ensure fair and equal treatment
Associate Justice, Superior Court for all parties, attorneys, court employees and other persons who come in contact
The Honorable Howard I. Lipsey with the state courts. To accomplish this, the committee is charged with examining
Associate Justice, Family Court all levels of the state judicial system, including a review of court statutes, rules,
The Honorable Stephen P. Erickson practices and conduct, and raising awareness about the problems and effects of bias
Associate Judge, District Court in the judicial process.
The Honorable Aurendina G. Veiga The committee has twenty-five members, including judges, representatives
Magistrate, Rhode bland Traffic Tribunal of the Department of Attorney General and the Office of the Public Defender, a
Jametta O. Alston, Esquire representative of Rhode Island Legal Services, non-judicial employees of the courts,
Robert Barge, Esquire members of the bar, and members of the general public who are broadly representative
Samnang Becker of the community. Committee members are appointed for two year terms.
Maria Garrido As its initial focus, the committee will conduct surveys on how the public
Freda Goldman perceives the treatment woman, minorities and non-English speaking persons
Maria J. R. Goncalves, Esquire receive in the Rhode Island courts.
Elizabeth Kelleher, Esquire
Illuminada LaFlamme
Joseph R. Le
Faynese Miller
Clifford Monteiro
Denise M. Lombardo-Myers,
Stephen P. Nugent, Esquire
Lidia Oster
Rafael Ovalles, Esquire
Susan L. Revens, Esquire
Harvery Rishikof
Jennifer Sternick, Esquire
William Shuey
Angela Nash Wade
State of Rhode Island — 1999 Report on the Judiciary 4 I Unauthorized Practice of Law Committee
Unauthorized Practice of Law Committee Rhode Island Supreme Court 250 Benefit Street, Providence, RI 02903 (401) 222-3272 (Pursuant to Supreme Court Rule Article V, Rule 5.5)
Members: The Unauthorized Practice of Law Committee was established in 1984
Avram N. Cohen, Esquire, Chair to work with the Department of Attorney General in investigating and prosecuting
Carolyn Barone, Esquire alleged instances of unauthorized individuals' practicing law. The Supreme Court
Linda Buffardi, Esquire appoints seven Rhode Island Bar Association members to the committee to review
Kenneth A. Colaluca, Esquire complaints from the bar. the public, and both the Federal and the State Judiciaries.
Joseph T. Little, Esquire Since most litigation initiated by the committee requests injunctive relief,
Albert J. Mainellli, Esquire the chair is required to sign verified complaints and to testify in court hearings.
Robert V Rossi, Esquire Although litigation is handled by the Department of Attorney General,
committee members, and particularly the chair, draft substantially all the necessary
pleadings and do the required legal research.
42 1999 Report on the Judiciary — State of Rhode Island The User-Friendly Courts Committee
The User-Friendly Courts Committee 250 Benefit St., Providence RI, 02903 (401) 222-2500 (Pursuant to an Administrative Order of the Chief Justice)
Members: The User-Friendly Courts Committee was first established in 1994. In The Honorable Robert G. Flanders. Jr. Associate Justice, Supreme Court, Chair 1997, by an administrative order of the chief justice the membership of the The Honorable Victoria Lederberg committee was expanded and its role redefined. The committee currently has 35 Associate Justice, Supreme Court members representing the primary users of court services, such as lawyers, litigants, The Honorable Edward C. Clifton Associate Justice, Superior Court jurors, witnesses, governmental entities, the media, law enforcement officials and The Honorable Haiganush R. Bedrosian judges. The focus of the committee is to identify- and recommend ways for the court Associate Justice, Family Court The Honorable Robert K. Pirraglia to meet the priority needs of these user groups. As set forth in the order, these needs Associate Judge, District Court have been defined as follows: The Honorable Marjorie R. Yasher judge, traffic Tribunal Bruce J. Balon, Esquire 1. Prompt resolution of cases; Tracy Breton Colonel Lawrence Campion 2. minimal inconvenience in attending court;
Frank A. Ciccone 3. respectful and courteous treatment by all court personnel; John M. Cicilline. Esquire 4. receipt of adequate and clear information about what to do and what to expect; Charlotte Cordeiro
Eileen Costigan 5. receipt of information in plain English or in other primary languages; Patricia E. Creamer 6. assistance in understanding and using the courts; James DeCastro High Sheriff of Bristol County 7. access to fairly priced services; Vincent A. DiMonte. Esquire 8. flexibility in procedures and scheduling to accommodate the needs of users; Chief James A. Dodd James T. Higgins. Esquire 9. treatment with care and concern by court personnel; Susan B. Iannitelli, Esquire 10. availability of personal amenities, such as food, accommodations for persons Rene M. Lafayette High Sheriff of Providence County with disabilities, parking, and clean and comfortable waiting areas and restrooms. Lynda L. Laing, Esquire Joseph S. Larisa, Jr., Esquire Anthony Mansolillo During 1999 the committee examined the issue of access to court facilities. Dorothy McCollough The Bar Association presented the committee with recommendations concerning Matthew McGovern, Esquire Senator Jonathan Oster attorney access, which the committee forwarded to the Supreme Court. John Rao, Esquire Elaine Rendine Dr. Marc H. Richman John Ricottilli Dave Russell Maureen Spait Michael St. Pierre, Esquire Susan McCalmont, Staff Liaison
State of Rhode Island — 1999 Report on the Judiciary 43 Appendices 1999 Judicial Roster
Hh
SUPREME Stephen J. Fortunato, Jr.. Francis J. Murray, Jr. Joseph P. Ippolito, Jr. COURT Associate Justice Associate Justice Magistrate Joseph R. Weisberger, Edward C. Clifton, John J. O'Brien, Jr., Raymond E. Ricci, Chief Justice Associate Justice General Magistrate Clerk / Magistrate Victoria Lederberg, Nettie C. Vogel, Debra E. DiSegna, Magistrate Justice Associate Justice WORKERS' Everett C. Sammartino, John P. Bourcier, Frank J.Williams, COMPENSATION Magistrate Justice Associate Justice COURT Stephen J. Capineri, Robert G. Flanders, Jr. William A. Dimitri, Jr., Robert F. Arrigan, Justice Magistrate Associate Justice Chief Judge Maureen McKenna Goldberg, George N. DiMuro, O. Rogeriee Thompson, John Rotondi, Jr., Justice Magistrate Associate Justice Associate Judge Anthony Carnevale, Jr. Jeanne L. Shepard, William J. McAtee, Andrew E. McConnell, General Magistrate Magistrate Magistrate Associate Judge Joseph A. Keough, Carmine A. Rao, SUPERIOR DISTRICT Special Magistrate Associate Judge COURT COURT George E. Healv, Jr., Joseph F. Rodgers. Jr., Albert E. DeRobbio, Presiding Justice FAMILY Chief Judge Associate Judge Alice Bridget Gibney, COURT John J. Cappelli, Debra L. Olsson, Associate Justice Jeremiah S. Jeremiah, Jr., Associate Judge Associate Judge Richard J. Israel, Chief Judge Michael A. Higgins, Bruce Q. Morin, Associate Justice Haiganush R. Bedrosian, Associate Judge Associate Judge Robert D. Krause, Associate Justice Robert K. Pirraglia. Janette A. Bertness, Associate Justice Pamela M. Macktaz, Associate Judge Associate Judge Melanie Wilk Thunberg, Associate Justice Patricia D. Moore, Associate Justice Raymond E. Shawcross, Associate Judge RHODE ISLAND Vincent A. Ragosta, Gilbert V Indeglia, Associate Justice TRAFFIC TRIBUNAL Associate Justice Associate Judge Michael B. Forte, Majorie R. Yashar, John F. Sheehan, Stephen P. Erickson, Associate Justice Associate Judge Associate Justice Associate Judge Kathleen A. Voccola, Lillian M. Almeida, Ronald R. Gagnon. Robert J. Rahill, Associate Justice Associate Judge Associate Justice Associate Judge Paul A. Suttell, Edward C. Parker, Mark A. Pfeiffer, Walter Gorman, Associate Justice Associate Justice Associate Judge Associate Judge Peter Palombo, Jr., Patricia A. Hurst, John M. McLoughlin, Albert R. Ciullo, Associate Justice Associate Justice Associate Judge Associate Judge Francis J. Darigan, Jr., Howard I. Lipsey, Frank J. Cenerini, Aurendina G. Veiga, Associate Justice Associate Justice Associate Judge Magistrate Judith Colenback Savage, John A. Mutter, Elaine T. Bucci, Domenic A. DiSandro III, Associate Justice Associate Justice Associate fudge Magistrate Michael A Silverstein, Gilbert T. Rocha, Madeline Quirk, William T. Noonan, Associate Justice Associate Justice Associate Judge Magistrate
4 6 1999 Report on the Judiciary — State of Rhode Island 2000 CourtDirector y
SUPREME Edward J. Plunkett, Jr. Judicial Council John H. Barrette COURT Executive Director 321 South Main Street Administrative Clerk Clerk/Administra- RIJSS Suite 302 222-3215 tive Offices 222-3000 (x32I) Providence, RI 02903 Licht Judicial Complex Susan L. Revens, Esq. 250 Benefit Street Susan W. McCalmont Thomas M. Dickinson, Esq. Deputy Administrator Providence, RI 02903 Assistant Administrator Chair 222-3288 Policy and Programs (401)351-8200 Robert C. Harrall, Ph. D. 222-2500 Stale Court Administrator Disciplinary Board Henry S. Kinch, Jr. 222-3263 Robert E. Johnson John E. Fogarty Judicial Clerk, Providence and Assistant Administrator Annex Bristol Counties Joseph D. Butler Facilities and Operations 24 Weybosset Street 222-3220 (x2011) Associate Administrator 222-3249 Providence, RI 02903 State Courts Michael C. Kelleher 222-3266 William A. Melone Nancy Fisher Chudacoff, Esq. General Chief Clerk Assistant Administrator Chair 222-3220 (x202I) Brian B. Burns Human Resources 222-3270 Supreme Court Clerk 222-2700 Joseph V. Conley Director of Bar Admissions David D. Curtin, Esq. Jury Commissioner 222-3272 Wayne Hannon Disciplinary Counsel 222-3245 Manager 222-3270 Ronald A. Tutalo, Esq. Finance Administration Henry J. Vivier Administrative Assistant 222-3266 Fugitive Task Force to Chief Justice Michael White Assistant Jury 222-3073 Holly Hitchcock Director Commissioner Director; Court Education 222-2018 222-3248 Gail Higgins Fogarty, Esq. MCLE General Counsel 222-4942 Domestic Violence Evelyn A. Keene 222-3266 Training & Assistant Administrator 222-3269 (TTY) Linda D. Bonaccorsi Monitoring Unit Management and Finance Supervising Officer Janice B. Dubois 222-3215 Kendall F. Svengalis Human Resources Executive Director/ Administrator State Law Library 222-2700 Bonnie L. Williamson 782-4154 222-3275 Project Coordinator Central Registry Calendar Services Martha F. Newcomb, Esq. 222-2084 SUPERIOR 222-3602 Chief Staff Attorney COURT 222-3297 Judicial Record Center Providence County Robert J. Johnson Licht Judicial Complex Security and Program Carol Bourcier Fargnoli. Esq. 5 Hill Street 250 Benefit Street Manager Staff Attorney 11 Pawtucket, RI 02860 Providence, RI 02903 222-3292 222-6536 222-3249
4 7 State of Rhode Island - 1999 Report on the Judiciary Kathleen A. Maher FAMILY Francis Pickett, Jr., Esq. Raymond E. Ricci, Esq. McKendall, Esq. CASA/GAL Director Clerk/Magistrate COURT Administrator 458-3330 458-3153 Garrahy Judicial Complex Arbitration Program I Dorrance Plaza Jerome Smith 222-6147 Providence, RI 02903 Kent County Chief Clerk Leighton Judicial Complex 458-5219 Kent County George N. DiMuro, Esq. 222 Quaker Lane Leighton Judicial Complex Administrative Magistrate Warwick, RI 02886 Patricia I. Dankievitch 222 Quaker Lane 458-3203 Assistant Administrator/ Warwick. RI 02886 Frank P. DeMarco J. Joseph Baxter Finance Management Supervisory Clerk Administrator/Clerk 458-5214 Jane M. Anthony 822-1600 458-3203 Clerk Joan M. Godfrey 822-1311 Angela M. Bucci, Esq. Newport County Assistant Administrator/ Staff Attorney Murray Judicial Complex Finance Management Eugene J. McMahon 458-5277 ' 45 Washington Square 458-5212 Associate Jury Commissioner Newport, RI 02840 822-0400 F. Charles Haigh, Jr. First Division Executive Assistant Garrahy Judicial Complex Ellen F.Wilbur 458-3141 One Dorrance Plaza Jean Heden Supervisory Clerk Providence, RI 02903 Manager; Calendar Services 841-8340 | David Heden (out counties) Executive Director Cynthia Clegg 222-6645 Washington County Juvenile Services Supervisory Clerk 458-3250 McGrath Judicial Complex 458-3156 Washington County 4800 Tower Hill Road William Burgess McGrath Judicial Complex Wakefield, RI 02879 Second Division Deputy Administrator/Clerk 4800Tower Hill Road Murray Judicial Complex Child Support Wakefield, RI 02879 Denise Dupre 45 Washington Square 458-3100 Supervisory Clerk Newport, RI 02840 Courtland R. Chapman, Jr. 782-4111 Louis Cairone Clerk Susan M. Caldarone Supervisory Accountant Deputy Clerk I 782-4121 458-3100 841-8350 DISTRICT Newport County Clotilde Edwards Murray Judicial Complex Principal Supervisor Clerk COURT Third Division Garrahy Judicial Complex Leighton Judicial Complex 45 Washington Square Domestic Relations I Dorrance Plaza 222 Quaker Lane Newport, RI 02840 458-3200 Providence, RI 02903 Warwick. RI 02886 Elaine Wood Anne M. Collins Supervisory Clerk Joseph P. Ippolito, Jr., Esq. Melvin J. Enright Clerk Juvenile Magistrate Supervisory Clerk 841-8330 458-3290 458-5211 822-1771
48 1999 Report on the Judiciary — State of Rhode Island Fourth Division Arlene E. Maloney TTY/TDD McGrath Judicial Complex Assistant Deputy 4800 Tower Hill Road Administrator /Systems NUMBERS Licht Judicial Complex Wakefield, RI 02879 458-3422 (401)222-3269
RoseMary T. Cantley Maureen H. Aveno Garrahy Judicial Complex Deputy Clerk I Administrator (401)458-5275 782-4131 Medical Advisory Board 458-3461 Leighton Judicial Complex Fifth Division (401)822-1607 Garrahy Judicial Complex Dennis R. Cooney One Dorrance Plaza Senior Assistant McGrath Judicial Complex Providence, RI 02903 Administrator (401)782-4139 458-3418 Marlene Goryl Murray Judicial Complex (401)841-8331 Deputy Clerk I Edward J. McGovern 458-3157 Senior Assistant Administrator Traffic Tribunal 458-3419 (401)222-2994/3096 Sixth Division Garrahy Judicial Complex One Dorrance Plaza Please note: RHODE ISLAND Providence, RI 02903 TTY / text telephone users may TRAFFIC TRIBUNAL also access court voice numbers Alice Albuquerque 345 Harris Avenue through Relay Rhode Island at Administrative Clerk Providence. RI 02909-1082 1-800-745-555 (TTY). Office Services 458-3144 Leo Skenyon WORKERS' Administrator 222-2636 COMPENSATION
COURT Kevin Spina Garrahy Judicial Complex Senior Policy Associate I Dorrance Plaza 222-3027 Providence, RI 02903
Raymond Denisewich Dennis I. Revens Supervising Accountant Court Administrator 222-1199 458-3409
Kenneth D. Haupt, Esq. J. Ryder Kenney, Esq. Deputy Administrator Legal Counsel 458-5132 222-1170 Rhode Island Supreme Court Appellate Caseflow
199CriminalCase5 Types 1996 1997 1998 1999 DisposedAdded 109 no 106 98 102 115 103 98 79 98
Pending 106 115 124 141 147
Civil Added 349 296 321 287 281 Disposed 295 300 329 337 271
Pending 361 356 348 303 318
Certiorari Added 239 223 196 196 155 Disposed 231 244 228 215 160
Pending 169 151 119 102 100
Other Added 65 45 41 42 54 Disposed 73 58 49 53 48
Pending 23 14 9 4 II
All Cases Added 762 674 664 623 592 Disposed 714 705 704 684 577
Pending 659 636 600 550 576
Notices of Appeal Pending 26 21 270 208 139 Pending Over 180 Days 26 21 140 129 54
50 1999 Report on the Judiciary — State of Rhode Island Rhode Island Supreme Court Manner of Disposition
1995 1996 1997 1908 1999 Manner/Stage of Disposition Before Argument Withdrawn 84 98 81 87 89 Dismissed 81 106 97 128 70 Petition Granted 6 9 5 9 5 Petition Denied 162 160 147 139 114 Other 28 30 21 31 26
Total 361 403 351 352 304
After Argument/Motion Calendar Withdrawn Affirmed 3 1 0 0 1 Modified 120 79 113 83 148 Reversed 0 0 0 0 6 16 G Affirmed 21 14 22 19 39 Other 0 0 0 I 0 87 87 104 88 5
231 181 239 191 199
After Argument/Merits Withdrawn 1 1 0 0 0 Affirmed 75 72 70 56 49 Modified 7 8 13 12 8 Reversed 39 40 31 31 17
Total 122 121 114 99 74
Total Dispositions Total Dispositions 714 705 704 684 577
n/a n/a n/a n/a 47%
1999 Report on the Judiciary — State of Rhode Island 51 Rhode Island Superior Court Criminal Caseflow 1995 1996 1997 1998 1999 Felonies Providence/Bristol
Cases Filed 4,378 4,765 4,633 4,606 4,130 Cases Disposed 4,120 4,536 4,629 4,672 4,491
Caseload Increase/Decrease +258 +229 +4 -66 -361
Total Pending Cases 1,446 1,747 1,733 1,674 1,562 Cases Over 180 Days Old 554* 757 854 812 678 % Over 180 Days Old (38.3%) (43.3%) (49.3%) (48.5%) (43.4%)
Kent
Cases Filed 863 646 632 689 575 Cases Disposed 716 749 704 786 590
Caseload Increase/Decrease + 147 -103 -72 -97 -15
Total Pending Cases 362 271 208 113 121 Cases Over 180 Days Old 209 134 93 30 35 % Over 180 Days Old (57.7%) (49.4%) (44.7%) (26.5%) (29%)
Newport
Cases Filed 395 409 359 276 305 Cases Disposed 362 470 426 316 265
Caseload Increase/Decrease +33 -61 -67 -40 +40
Total Pending Cases 119 80 57 43 49 Cases Over 180 Days Old 59 30 19 15 20 % Over 180 Days Old (49.6%) (37.5%) (33.3%) (34.9%) (40.8%)
Washington
Cases Filed 409 402 342 342 352 Cases Disposed 372 355 391 375 328
Caseload Increase/Decrease -37 -47 -49 -33 +24
Total Pending Cases 123 155 118 68 91 Cases Over 180 Days Old 35 74 49 17 23 % Over 180 Days Old (28.5%) (47.7%) (41.5%) (25%) (25.3%) Statewide
Cases Filed 6,045 6,222 5,966 5,913 5,362 Cases Disposed 5,570 6,110 6,150 6,149 5,674
Caseload Increase/Decrease +475 + 112 -184 -236 -312
Total Pending Cases 2,050 2253 2,116 1,898 1,823 Cases Over 180 Days Old 857 995 1,015 874 756 % Over 180 Days Old (41.8%) (44%) (48%) (46%) (41.5%) ° Method of determining age of cases modified in 1995.
52 1999 Report on the Judiciary — State of Rhode Island Rhode Island Superior Court Manner of Disposition 1995 m Providence/BristolFelonies1996 1997 1998 1999
Plead 3,721 4,135 4,145 4,178 4,027 Filed g 21 10 13 8 Dismissed 299 329 388 406 390 Trial 79 61 80 73 65 Other 0 I 3 7 I
Total 4,120 4,536 4.629 4,672 4,491 Kent
Plead 648 653 600 699 517 Filed I 9 II 17 23 Dismissed 47 49 59 37 43 Trial 14 36 34 30 6 Other 6 2 0 3 I
Total 716 749 704 786 590 Newport
Plead 328 401 357 269 234 Filed 2 27 27 14 II Dismissed 27 39 37 31 18 Trial 4 3 5 2 I Other I 0 0 0 I
Total 362 470 426 316 265 Washington
Plead 344 309 332 320 295 Filed 4 9 2 9 9 Dismissed 16 23 32 34 19 Trial 8 9 21 II 4 Other 0 5 4 I I
Total 372 355 391 375 328 Statewide
Plead 5,041 5,498 5,434 5,466 5,073 Filed 28 55 53 48 51 Dismissed 389 440 516 508 470 Trial 105 109 140 116 76 Other 7 8 7 II 4
Total 5,570 6,110 6,150 6,149 5,674
1999 Report on the Judiciary — State of Rhode Island 53 Rhode Island Superior Court Criminal Caseflow 1995 1996 Misdemeanors1997 1998 1999 Providence/Bristol
Cases Filed 268 203 252 402 458 Cases Disposed 252 224 221 218 557
Caseload Increase/Decrease + 16 -21 +31 + 184 -99
Total Pending Cases 157 124 138 248 188 Cases Over 180 Days Old 107 88 83 115 133 % Over 180 Days Old (68%) (71%) (60%) (46.4%) (70.2%) Kent
Cases Filed 97 82 81 63 89 Cases Disposed 102 119 100 69 69
Caseload Increase/Decrease -5 -37 -19 -6 +20
Total Pending Cases 67 44 26 14 31 Cases Over 180 Days Old 56 20 14 8 15 % Over 180 Days Old (83.6%) (45.4%) (53.8%) (57%) (38.7%) Newport
Cases Filed 133 58 31 54 41 Cases Disposed 150 108 46 72 74
Caseload Increase/Decrease -17 -50 -15 -18 -33
Total Pending Cases 43 17 12 18 23 Cases Over 180 Days Old 31 II 4 10 18 % Over 180 Days Old (72%) (64.7%) (33.3%) (56%) (65.2%) Washington
Cases Filed 236 303 64 42 46 Cases Disposed 194 374 132 65 46
Caseload Increase/Decrease +42 -71 -68 -23 0
Total Pending Cases 114 78 27 15 20 Cases over 180 Days Old 44 55 19 4 2 % over 180 Days Old (38.6%) (70.5%) (70.4%) (27%) (10%) Statewide
Cases Filed 734 646 428 561 634 Cases Disposed 698 825 499 424 746
Caseload Increase/Decrease +36 -179 -71 + 137 -112
Total Pending Cases 381 263 203 295 262 Cases Over 180 Days Old 238 174 120 137 168 % Over 180 Days Old (62.5%) (66%) (59.1%) (46.4%) (61.5%)
54 1999 Report on the Judiciary — State of Rhode Island Rhode Island Superior Court Manner of Disposition v — 1995 1996 Misdemeanors1997 199 8 1999 Providence/Bristol mnuhi
Plead 119 158 143 154 449 Filed 16 13 7 5 11 Dismissed 103 42 46 38 85 Trial 8 7 14 17 II Other 6 4 II 4 I
Total 252 224 221 218 557 Kent
Plead 70 74 63 40 45 Filed 13 15 14 16 9 Dismissed 12 19 13 9 10 Trial 4 5 8 2 2 Other 3 6 2 2 3
Total 102 119 100 69 69 Newport
Plead 95 48 20 38 49 Filed 16 12 6 12 8 Dismissed 21 27 II 14 13 Trial 3 5 1 5 3 Other 15 16 8 3 I
Total 150 108 46 72 74 Washington
Plead 131 205 88 35 18 Filed 41 122 20 II 8 Dismissed 14 39 13 15 8 Trial 3 7 9 3 2 Other 5 I 2 I 10
Total 194 374 Statewide132 65 46
Plead 415 485 314 267 561 Filed 86 162 47 44 36 Dismissed 150 127 83 76 116 Trial 18 24 32 27 18 Other 29 27 23 10 15
Total 698 825 499 424 746
1999 Report on the Judiciary — State of Rhode Island 55 Rhode Island Superior Court Civil Caseflow
1995 1996 1997 1998 1999 Civil Actions Providence/Bristol
Total Cases Filed 6,959 6,695 6,226 6,479 6,643 Trial Calendar Summary: Cases Added 2,105 2,236 2,091 1,893 1,865 Cases Disposed 2,171 2,051 2,006 2,006 2,117
Caseload Increase/Decrease -66 + 185 +85 -113 -254 Pending at Year End 3,238 3,244 3,272 3,142 2,798
Kent
Total Cases Filed 1,159 1,074 1,082 1,071 1,039 Trial Calendar Summary: Cases Added 345 399 374 310 266 Cases Disposed 445 371 478 240 395
Caseload Increase/Decrease -100 +28 -104 +70 -128 Pending at Year End 540 584 471 541 351
Newport
Total Cases Filed 556 605 568 543 543 Trial Calendar Summary: Cases Added 181 206 135 137 179 Cases Disposed 182 132 143 203 193
Caseload Increase/Decrease -I +74 -8 -66 -14 Pending at Year End 266 337 317 225 204
Washington
Total Cases Filed 762 684 704 654 631 Trial Calendar Summary: Cases Added 215 236 216 243 201 Cases Disposed 244 311 302 220 180
Caseload Increase/Decrease -29 -75 -86 +23 +21 Pending at Year End 430 343 245 271 298
Statewide
Total Cases Filed 9,436 9,058 8,580 8,747 8,856 Trial Calendar Summary: Cases Added 2,846 3,077 2,816 2,548 2,511 Cases Disposed 3,042 2,865 2,929 2,669 2,885
Caseload Increase/Decrease -196 +212 -113 -121 -375 Pending at Year End 4,474 4,508 4,305 4,113 3,651
56 1999 Report on the Judiciary — State of Rhode Island Rhode Island Superior Court Manner of Disposition - Trial Calendars Only Providence/BristolCivil Actions1995 1996 1997 •1998
95 104 90 117 118 Judicial Decisions 105 70 78 80 101 Total Trials 200 174 168 197 219 Dismissed/Settled/Other 1,598 1,554 1,477 1.485 1,530 Arbitration/Other Exceptions 373 323 361 324 368
Total Disposed 2,171 2,051 2,006 2,006 2,117 Kent
Verdicts 23 11 20 3 9 Judicial Decisions 21 18 21 8 22 Total Trials 44 29 41 11 31 Dismissed /Settled/Other 319 285 370 120 230 Arbitration/Other Exceptions 82 57 67 109 134
Total Disposed 445 371 478 240 395
Newport
Verdicts 9 4 9 I 7 Judicial Decisions 6 3 4 7 5 Total Trials 15 7 13 8 12 Dismissed/Settled/Other 142 108 116 175 168 Arbitration 25 17 14 20 13
Total Disposed 182 132 143 203 193
Washington
Verdicts 13 6 11 16 8 judicial Decisions 10 II 23 8 6 Total Trials 23 17 34 24 14 Dismissed/Settled/Other 199 237 209 173 139 Arbitration Other Exceptions 22 57 59 23 27
244 311 302 220 180 Total Disposed Statewide
142 Verdicts 140 125 130 137 103 134 Judicial Decisions 142 102 126 240 275 Total Trials 282 227 256 1,953 2,067 Dismissed/Settled/Other 2258 2,184 2,172 476 542 Arbitration/Other Exceptions 502 454 501
2,929 2,669 2.885 Total Disposed 3,042 2,865
1999 Report on the Judiciary — State of Rhode Island 57 Rhode Island Family Court Juvenile Caseflow 1995 Juvenile1996 Filings1997 by 1998 1999
Wayward/Delinquent 7,386 7,776 7,516 6,880 6,126 Dependancy/Neglect/Abuse 1,699 1,606 1,523 1,770 1,486 Termination/Parental Rights 536 396 358 396 324 Adoption/Guardianship 537 690 598 591 610 Violations 610 713 806 854 884 Other 49 57 70 64 71
Total Filings 10,817 11,238 10,871 10,555 9,501
Juvenile Filings by Location Providence/Bristol 7,497 7,789 7,509 7,154 6,386 Kent 1,382 1,377 1,503 1,446 1,425 Newport 838 888 802 808 709 Washington 1,100 1,184 1,057 1,147 981
Total 10,817 11,238 10,871 10,555 9,501
Juvenile Calendar Results for Wayward/Delinquent Cases Only Providence/Bristol
Filed 4 4 4,870 4,366 3,820 4 Disposed * 5,066 4,417 3,751 4 4 Increase/Decrease -196 -101 +69 % Disposed of within 90 Days 56%
Kent 4 Filed • 1,174 1,050 1,044 4 Disposed * 1,106 1,070 922
Increase/Decrease • • 68 -20 + 122 % Disposed of within 90 Days * 47% ' Newport
Filed 4 4 634 605 525 Disposed 4 4 706 562 494 4 Increase/Decrease » -72 43 +31 4 % Disposed of within 90 Days 4 4 4 42%
58 1999 Report on the Judiciary — State of Rhode Island Rhode Island Family Court Juvenile Caseflow (continued from previous page.) Washington 1995 1996 1997 1998 1999
Filed 838 859 737 Disposed ° 871 755 712 Increase/Decrease -33 + 102 +25 °o Disposed within 90 Days 52%
Filed • 7,516 6,880 6,126 Disposed * 7,749 6,795 5,879 Increase/Decrease • -233 85 +247 % Disposed within 90 Days ° * * . 53% Not available.
1999 Report on the Judiciary — State of Rhode Island 59 Rhode Island Family Court Domestic Relations Caseflow
Divorce Petitions Filed IW5 1996 1997 1998 1999 | Providence/Bristol 2.827 2.813 2,679 2,785 2,942 Kent 761 838 859 871 833 Newport 366 362 393 369 353 Washington 587 537 595 612 570
Statewide Total 4.541 4.550 4,526 4,637 4,698 Abuse Complaints Filed
Providence/Bristol 2,464 2,120 2,113 2,066 2,015 Kent 385 367 396 358 332 Newport 189 262 222 211 201 Washington 282 111 257 183 221
Statewide Total 3.320 2,976 2,988 2,818 2,769
Contested Divorce Calendar Results Providence/Bristol
Total Pending Cases 161 169 47A 24A • Cases Over 180 Days Old 21 42 23 II • Cues Over 360 Days Old 5 15 6 4 • •Cases Over 360 Days Old 2 26 47 ' * Kent
Total Pending Cases 33 34 49 45 22 Cases Over 180 Days Old 3 5 6 3 2 Cases Over 360 Days Old 0 0 0 0 I
Newport
Total Pending Cases 25 11 14 12 2 Cases Over 180 Days Old 6 4 2 2 0 Cases Over 360 Days Old I 0 0 0 0 Washington
Total Pending Cases 41 27 11 16 12 Cases Over 180 Days Old 10 6 0 2 2 Cases Over 360 Days Old 4 2 0 0 0 STATEWIDE
Total Pending Casts 260 241 121 97 • Cases Over 180 Days Old 40 57 31 18 •
Cases Over 360 Days Old 10 17 6 4 * Support Petitions Filed | 5.631 6,407 5,124 3,370 3,998 Total Hearings Related to Support | 16339 17,627 20,864 23,974 22,889 adopted in 1996 * All new filings are handled under the case management process Not Available
60 1999 Report on the Judiciary — State of Rhode Island Rhode Island District Court SecondMisdemeanors Division Criminal Caseflow
1995 1996 1997 1998 1999
Cases Filed 3,244 3,224 3,053 2,584 2,106 Cases Disposed 3,760 2,728 2,423 2,489 1,930 Caseload Increase/Decrease -516 -496 +630 +95 + 176 % Disposed within 60 Days 97% Third Division
Cases Filed 5,583 5,539 5,610 5,236 5288 Cases Disposed 5,989 6,642 5,624 5,050 5,162
Caseload Increase/Decrease -406 -1,003 -14 + 186 + 126 % Disposed within 60 Days 92% Fourth Division
Cases Filed 3,725 3,124 3,085 3,437 3,481 Cases Disposed 3,865 2,907 3,067 3,302 3,394
Caseload Increase/Decrease -140 +217 + 18 + 135 +87 % Disposed within 60 Days 97% Sixth Division
Cases Filed 15.862 16,292 15,361 15,002 14,984 Cases Disposed 14,852 15,493 14,704 14,478 14,054
Caseload Increase/Decrease + 1,010 +799 +657 + 524 +930 % Disposed within 60 Days 90% Courtwide Cases Filed 28,414 28,179 27,109 26259 25,864 Cases Disposed 28,466 27,670 25,818 25,319 24,504
Caseload Increase/Decrease -52 + 509 + 1,291 +940 + 1,360 Manner of Disposition
Plead 15,350 14,664 14224 12,742 Filed 4,931 4,435 * 4214 6,126 Dismissed 6,148 6,631 5,977 4,166 Trials 494 412 256 245 1,225 Other 1,543 1,528 648
28,466 27,670 • 25,319 24,504 Total Felonies
5,941 5,885 Filed 6.676 6,453 5,878 Felonies and Misdemeanors Courtwide 44,273 42,574 n/a Charges Filed 46,677 48,002 922 622 583 Bad Hearings 1,028 934 Not available
1999 Report on the Judiciary — State of Rhode Island 61 Rhode Island District Court Civil Caseflow 1995 1996 Regular199 Civil7 1998 1999 | Second Division
Cases Filed 1,077 1,256 1,191 1,169 1,208 Cases Disposed 1,210 1,284 1,301 1,337 1,428
Caseload Increase/Decrease -133 -28 -110 -168 -220 Third Division
Cases Filed 2,290 2,385 2,341 2,199 2,306 Cases Disposed 1,982 1,823 2,655 2,918 3,263
Caseload Increase/Decrease +308 +562 -314 -719 -957 Fourth Division
Cases Filed 1,175 1,126 1,206 1,148 1,008 Cases Disposed 1,552 1,180 1,109 982 889
Caseload Increase/Decrease -377 -54 +97 -166 + 119 Sixth Division
Cases Filed 11,567 12,379 11,635 11,969 12,083 Cases Disposed 9,604 10,706 9,952 8,885 8,814
Caseload Increase/Decrease + 1,963 + 1,673 + 1,683 -3,084 +3269 Courtwide
Cases Filed 16,109 17,146 16,373 16,485 16,605 Cases Disposed 14,348 14,993 15,017 14,122 14,394
Manner of Disposition Defaults 5,133 5,535 6,421 5,827 5,539 Settlements 4,566 4,185 4,032 3,492 3297 Judgements 4,613 5,263 4,554 4,794 5,538 Transfers 0 0 0 0 0 Other 36 10 10 9 20 Total 14,348 14,993 15,017 14,122 14,394
62 1999 Report on the Judiciary — State of Rhode Island Rhode Island District Court _ Small Claims Caseflow
199S 199Regular6 Civil 1997 1998 1999 Second Division
Cases Filed 1,160 1,472 1,327 1,192 944 Cases Disposed 1,925 1.330 1,518 1,387 746
Caseload Increase/Decrease -765 -142 -191 -195 + 198 Third Division
Cases Filed 2,250 2,506 2,918 2,750 2,359 Cases Disposed 2,697 2,657 4,675 4,192 4,219
Caseload Increase/Decrease -447 -151 -1,757 -1,442 -1,860 Fourth Division
Cases Filed 1,196 1,212 1,391 1,433 974 Cases Disposed 1,442 1,360 1,682 1,746 1,276
Caseload Increase/Decrease -246 -148 -291 -313 -302 Sixth Division
Cases Filed 10,318 10,075 12,178 12,962 10,842 Cases Disposed 12,524 10,937 11,917 14,225 11,735
Caseload Increase/Decrease -2,206 -862 +261 -1,263 -893
Courtwide
Cases Filed 14,924 15,265 17,814 18,337 15,119 Cases Disposed 18,588 16,284 19,792 21,556 17,976
Manner of Disposition Defaults 9,459 9,029 10,193 12,285 9,447 Settlements 6.815 5,116 7,007 6,554 6,205 Judgements 2,314 2,139 2,592 2,717 2,324
Total 18,588 16,284 19,792 21,556 17,976
Other Categories 793 Domestic Abuse 1,199 1,155 1,078 961 130 Administrative Appeals 211 163 143 67 755 537 629 Mental Health HearingNot availables
1999 Report on the Judiciary — State of Rhode Island 63 Workers' Compensation Court Caseload Summary EmployeePetitions Filed Petitions 1995 1996 1997 1998 1999
Original 3,418 3,154 2,918 2,807 3,006 To Review 1,830 1,613 1,555 1,476 1,544 2nd Injury 7 17 5 9 I To Enforce 748 616 640 608 544
Total 6,003 5,400 5,118 4,900 5,095 Employer Petitions
To Review 1,977 1,755 1,674 1,566 1,594 Other
Lump Sum Settlement 1,137 931 877 836 742 Hospital/Physician Fees 112 44 38 0 « Other 283 239 187 102 120
Total 1,532 1,214 1,102 938 862
Total Petitions 9,512 8,369 7,894 7,404 7,551 Total Dispositions 9,599 8,831 8,219 7,743 7,319
Caseload Increase/Decrease -87 -462 -325 -339 +232
Total Pending Caseload 3,535 3,087 2,796 2,462 2,706
Cases Pending Trial • • • 452 563 > 270 Days
* Not available
64 1999 Report on the Judiciary — State of Rhode Island Workers' Compensation Court Manner of Disposition
1995 Manner/Stage1996 of Disposition1997 1198 1999 Pretrial
Pretrial Order 2,677 2,430 2,136 2,087 2,370 Order 2 11 4 23 14 Decree 18 20 12 31 47 Consent Decree 158 126 133 97 113 Major Surgery 81 62 60 24 47 Withdrawn 2,201 1,638 1,394 1,109 1,153 Discontinued 36 31 25 38 48 Dismissed 73 45 32 35 12 Other 401 743 882 968 925
Total 5,647 5,106 4,678 4,412 4,729 Trial
Decision 908 814 804 777 505 Consent Decree 351 322 329 328 272 Trial Claim Withdrawn 709 694 679 685 579 Petition Withdrawn 285 264 329 206 139 Order 88 130 91 113 71 Dismissed 43 37 33 43 24 Discontinue 4 8 9 4 I Other 1,243 1,063 1,005 900 820
Total 3,631 3,332 3,279 3,079 2,422
Appeals 321 393 262 252 168
Total Dispositions 9,599 8,831 8,219 7,743 7,319
65 1999 Report on the Judiciary — State of Rhode Island Rhode Island Traffic Tribunal Caseload Summary 1996 1997 1998 1999
Total Summonses Issued 159,530 156,776 164,059 123,719 AAC Summonses Issued 99,371 92,028 99,389 76,343 AAC Summonses Disposed 101,962 96,014 106,512* 128,862
Breakdown of Disposed Summonses Court Hearings 52,629 57,073 79,115 95,225 Pay by Mad 49,333 38,941 27,397* 33,637
Total 101,962 96,014 106,512* 128,862
Breathalyser Refusals Filed 1,823 1,861 1,687 1.570 Disposed 1,873 1,692 1,958 1.528
Insurance
Filed 14,282 12,707 10,055 8,342 Disposed 8,582 15,817 17,221 16,249
Appeals Filed 659 690 1,256 611 ° Information incomplete due to a backlog in data entry.
66 1999 Report on the Judiciary — State of Rhode Island