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REMARKS
RHODE
ISLAND BAR ASSOCIATION ANNUAL MEETING
CHIEF
JUSTICE FRANK J. WILLIAMS
SUPREME
COURT OF RHODE ISLAND
JUNE
8, 2001
Thank
you very much Bob (Oster). Two days ago I completed my first one hundred days
as your Chief Justice. Maybe it is no coincidence that this anniversary came
on June 6th – D-Day. In many ways, it has been a tough hundred days.
But I can assure you, we have landed on the beach and are dug in!
It
is an honor, and a pleasure to speak before you today at the Rhode Island Bar
Association’s Annual Meeting, to report to you on what I have tried to accomplish
thus far, and to discuss some of my proposed initiatives for the future.
As
you know, having spent 25 years as a practicing attorney, I have a tremendous
amount of respect for lawyers and the challenges we face. You also know that
one attorney I reserve the greatest admiration for is Abraham Lincoln. Here
is one of Lincoln’s stories about lawyers:
In
his early years of practicing law, Abraham Lincoln once had to travel across
Illinois in mid-winter to get to a trial. When he reached the town where the
trial was to be held, he checked into the inn next to the courthouse and found
the fireplace in the sitting room surrounded by all the other lawyers in town
discussing his case.
“Cold
out, eh?” remarked one of them.
“Colder
than hell,” agreed Lincoln affably.
“You’ve
been there too, Mr. Lincoln?” asked another.
“Yup,”
he answered with a smile, “AND IT’S JUST LIKE HERE – ALL THE LAWYERS ARE STANDING
NEXT TO THE FIRE.”
The
same can be said about judges!
As
Chief Justice, I fully expect that I too will face my fair share of hot times.
As you know, I have an ambitious agenda to improve and enhance the essential
services provided by our third branch of government.
But
before I go further, let me start by paying tribute to my predecessor, Chief
Justice Joseph Weisberger. Some of my initiatives seek to build on his accomplishments
and I think it only right to give credit where credit is due. And while I am
sure he would have loved to focus additional energy on all sorts of improvements
to our courts, it seems clear that upon assuming office, Chief Weisberger found
that re-establishing the dignity and respect of our judiciary required all the
attention one man could provide and then some. Looking back on his tenure as
Chief Justice, he accomplished those goals and more, and we all owe him a debt
of gratitude for providing us with a stable foundation to further the evolution
of our judiciary.
Let
me also pay tribute to you, the members of the Rhode Island Bar Association.
Efforts to improve and enhance the services of our courts cannot succeed without
your help and support. I simply can’t emphasize this point enough. While the
judiciary has only 696 professional employees – about the size of a battalion
-- I look to the 5100 members of the Rhode Island Bar Association as my brigade
in a campaign to reach out to the good people of our state, to help them understand
and appreciate the tasks we undertake. We might not agree on every issue, but
we all share a common interest of justice in a society dependent on the
rule of law.
A
great many of you have already stepped forward, offering your time and insights
on a wide array of issues. I truly appreciate your gracious offers and fully
intend to include you in the squads and platoons that will be formed to accomplish
our mission. At every opportunity, I will look to the Bar Association for guidance
and support in efforts to make our judiciary more accessible and user-friendly
for the public. This has already occurred in the areas of Alternative Dispute
Resolution, increasing affordable legal services, and in countering unfair and
unfounded criticisms against the judiciary and the legal profession. And I
pledge to you all that these efforts will continue.
As
I mentioned previously, I am sure I will face my own share of criticisms. Indeed,
any effort to foster change inherently comes with some risk.
By
now, most of you know of my interest Abraham Lincoln. It bears mentioning that
there exist a number of parallels between matters faced by Lincoln and those
before us today. One that comes readily to mind is the realization that Lincoln’s
gradual embrace of emancipation was not a popular one, even among those Northerners
most loyal to the Union cause. Indeed, Lincoln endured much criticism for his
commitment to this goal. Yet at the end of the day, he remained secure in his
knowledge that the course he had set rested on secure moral grounds.
Now
some criticism is always to be expected, and not all is mean-spirited. Some
can be constructive and should be welcomed as such. But in my years of public
service, I have come to understand that there will always be those who defend
the status quo long past the time the quo has lost its status! And when I feel
that the judiciary is subjected to unwarranted criticisms, I will speak out
and expect others to do the same. There is already enough cynicism directed
towards government in Rhode Island and we must all work together to combat misinformation
and misperceptions related to the judiciary and the members of the Bar.
Let
me also say, that when I accepted this position, I knew full well all the challenges
we face. Nothing I am about to tell you came as any surprise to me. When all
is said and done, there is so much work for us to do it can be difficult to
know where to start. But start we did, and in my first one hundred days I think
we have already made great strides in addressing a number of pressing concerns.
Budget
and Administration
The
judiciary requested approximately $68 million from the General Assembly for
our Fiscal Year ’02 Budget. Now this may seem like a lot of money – and it
is. But one should consider for a moment that this figure represents only 1.3%
of the state’s budget that is earmarked for our entire third branch of government.
I would be so bold to suggest that the people of our good state get quite a
bang for their buck!
I
hope you will also take an opportunity to peruse the Judiciary’s Annual Report
for 2000, which has been made available at the registration table in the Convention
Center. As you read it consider the important roles we play – lawyers, staff
and judges alike. Last year, our courts received 217,378 cases – and that in
a state of just one million citizens! We can also take pride in the fact that
our courts disposed of more cases than were filed – a total of 217,618 cases
– which is another measure of judicial efficiency. Yet, I think each of us
also recognizes that there is ample opportunity to improve the speed, efficiency,
and overall judicial experience for those who come to our courts.
As
you might imagine, producing this annual report can be considered an achievement
in and of itself. In the past, the annual report took as long as 18 months
to produce. One of my first acts as Chief Justice was to prioritize the publication
of this document, and I am happy to say we have succeeded in bringing it to
press in record time.
We
asked the General Assembly for an increase of approximately $9.2 million to
our initial budget request to address some of our pressing needs, including
the replacement of the 70-year old roof on the Licht Courthouse. A significant
portion of this increase – more than half – would fund vital upgrades to our
judicial computer systems. Some of you may be surprised to know that the judiciary’s
civil processing system is still conducted on a WANG computer system. As you
can imagine, since this company ceased production of computers in the early
1990s, finding replacement parts has grown pretty challenging! I currently
have my staff canvassing the country in search of available replacement parts
and shudder to think of what may happen should the system suffer a significant
meltdown while we await funding for adequate software and technology upgrades.
While
we are asking the General Assembly for increased funding in some areas, my administration,
under the direction of John Barrette, State Court Administrator, has adopted
a fiscally conservative posture. We have put a freeze on any and all non-essential
spending and taking a long-hard look at all our expenditures. Meanwhile, we
have also negotiated a settlement with the Laborers International Local “808”,
representing the majority of court employees. The contract is fair and reasonable,
recognizing fine work carried out by these essential employees.
We
have also been able to implement some new and innovative approaches to our judicial
responsibilities. Thanks to the leadership of Presiding Justice Joseph Rodgers,
the Providence Superior Court now conducts a Business Calendar under the direction
of Judge Michael Silverstein, which seeks to ensure that legal matters of that
stand to have an affect on jobs and the economy are dealt with effectively and
efficiently. Such efforts can make a big difference not only to individual
workers, but also to efforts to improve the overall business climate of our
state! And once vacancies are filled and we have a full complement of judges,
look for other initiatives such as a Domestic Violence Calendar, to speed the
adjudication of these important cases as well.
Under
the leadership of Chief Judge Jeremiah, significant innovations have also taken
place in Family Court. Two programs to address truancy and drug use among young
people have been a tremendous success and have recently been expanded. For
the last 15 months, the Family & Juvenile Drug Courts have been working
to help young people with substance abuse problems. The program has now “graduated”
12 students and has been expanded from Providence/Bristol County to include
Kent, Washington and Newport Counties.
Similarly,
our Truancy Courts have been met with rave reviews and are being looked at by
the U.S. Department of Justice as an example for other states to follow! These
programs, which are often conducted in the schools themselves, are striving
to help young people address behavioral issues before they start down a path
that leads to the Training School and the ACI!
Efforts
are also underway to make our courts more user-friendly. In a matter of months,
I expect to have information kiosks and manned information booths up and running
in our court facilities to ensure that those who visit our courts have as trouble-free
an experience as possible as they conduct their business. As many of those
who come before our courts speak languages other than English, we are also working
with the Community College of Rhode Island to develop a curriculum to train
an extended pool of qualified interpreters to meet the demand for services.
Indeed,
many judges are also making an extra effort to offer greetings to the many Spanish
speaking patrons of our courts. Upon assuming office, I re-instituted a “Conversational
Spanish” course designed to acquaint judges with such tools as basic pronunciation
of Spanish names and greetings such as “good morning” and “good afternoon”.
Such efforts provide a strong message of inclusiveness and can have a real impact
in helping the individuals who appear before us feel that their cultural identity
is respected and that they will be treated fairly in the judicial process.
The emphasis of course is not to preclude the needs of other ethnic groups,
but simply to recognize that presently nearly ten percent (8.7% according to
the most recent census) of our state’s population is of Hispanic or Latino origin.
Technology
In
addition to the infrastructure upgrades requested for our civil system, we are
now close to full implementation of a criminal computer system that provides
a foundation for improved access and other sorts of technological advancements.
Each of you should take the time to stop by our display table to see our newest
endeavor to improve public access, “CourtConnect”, which I am proud to showcase
today as one of our many accomplishments in our first one-hundred days.
CourtConnect,
which will provide Internet access to public information contained in the judiciary’s
adult criminal database, demonstrates how improved technology can enhance public
access and make our courts more user-friendly. Initially, CourtConnect will
replace the complicated and confusing computer programs on terminals available
to the public in court clerks’ offices throughout the state, and will provide
access to adult criminal information in a simple and straightforward manner.
In
a process similar to those conducted by other states, we will engage in a public
comment period. During this time we will replace the confusing and complicated
public terminals in all our courthouses, including those in Providence, Newport,
Kent and Washington Counties with CourtConnect’s simple and straightforward
approach to providing public information. Dependent on the comments we receive,
I am hopeful of having CourtConnect available to you and the public through
our website by the end of July.
Facilities
and Security
Nothing
concerns me more than the safety of those who enter our courts, and I am going
to make every effort to ensure that there are no casualties during my watch.
I am pleased to report that we have requested and secured the assistance of
the United States Marshall’s Service to conduct a thorough security review of
all of our court facilities at no cost whatsoever to the taxpayers of our state.
When
this audit is complete, we will sit down to review the findings and implement
necessary changes. While it may be premature to suggest improvements, I expect
you can say goodbye to the days when a pizza deliveryman might just slip through
our courthouse entrances with a grenade or handgun hidden in his box.
When
it comes to the condition of our courthouses, we do not need an independent
survey to tell us improvements must be made. While some improvements to court
facilities have taken place in recent years, the deplorable conditions we subject
the litigants, attorneys, court employees and the public at some of our locations
are well known. Specifically, the Kent County Courthouse is long overdue for
replacement, as it simply was not designed to function as a courthouse. I am
very pleased that Governor Almond shares our concerns and has requested approval
by the General Assembly of a Certificate of Participation that would provide
an estimated 52 million dollars for a new courthouse.
Additionally,
the Garrahy Complex, housing our Family, Workers’ Compensation, and District
Court proceedings in Providence, is literally bursting at the seams. Originally
designed to accommodate 1500 court patrons each day, the Garrahy Courthouse
today serves twice that many as a matter of routine business. A 3 million-dollar
renovation is presently underway and we are hopeful that other efforts can be
undertaken to relieve the overcrowding in the Garrahy Complex.
Efforts
to address these situations have been derailed in the past, but we cannot afford
any further delays for action. Quite simply, something has to give, and I remain
hopeful that the General Assembly will act on our requests before adjourning
for the year.
Traffic
Court Receivables
Another
matter I inherited upon assuming this position is the issue of Traffic Court
receivables, some of which date back 24 years. I have sought to settle the
Providence Journal’s pending lawsuit addressing the costs associated with providing
access to these court records. On this issue in particular, public access and
public trust go hand in hand, and I am pleased to report that this litigation
is very close to being settled.
Of course, when anyone mentions the troubles of the Traffic Court, I always
hear the figure of “$39 million” in unaccounted funds thrown around. While the
Traffic Court has had its share of troubles, such a suggestion is a gross exaggeration.
Under the direction of Chief Judge Albert DeRobbio, $7,016,525 of the $39 million
in unpaid fines has already been collected. He has also done a yeoman’s work
to provide an in-depth evaluation and analysis of what can be done to collect
additional funds that might be due the taxpayers of the state. In the coming
weeks, I am hopeful we will be able to announce a resolution to the litigation,
and details related to future collections of unaccounted fines. In fact, thanks
to Chief Judge DeRobbio, our Traffic Tribunal is now current and back on track
in addressing its present-day responsibilities.
Alternate
Dispute Resolution and Affordable Legal Services
Let
me spend a moment on another subject: alternate dispute resolution. And I understand
that this amounts to a significant leap of faith for some of you. But I feel
strongly that mediation holds great potential to ensure that our legal system
is able to keep up with an increasingly litigious society.
Quite
frankly, many matters that come before our courts would be better handled through
mediation than through litigation. I am confident that given time, we will
find that ADR holds tremendous potential to improve the quality of life for
lawyers, judges, and litigants alike.
At
my request, the Alternate Dispute Resolution Committee of the Rhode Island Bar
Association, along with the Association’s Executive Committee and House of Delegates
have endorsed the creation of an Alternate Dispute Resolution Task Force to
examine the status of ADR within Rhode Island. The task force has been formed
and includes judges and lawyers as well as leaders from the private and public
sectors. It is a recommended action item of our recently completed “Future
of the Courts” Report which will soon be available for review on our website.
In fact, the ADR Task Force has already scheduled its first plenary session
and will meet in the Supreme Court on June 25th!
Another
matter to which I have devoted a great deal of attention is that of affordable
legal services. While mediation might be an appropriate avenue for some, we
all know that ensuring access to legal representation for all is a protected
right, and is essential to a smooth running judiciary. Yet it appears that
some litigants come before our courts without representation not because they
choose to, as is also their right, but because they have grown frustrated in
efforts to secure the legal services they need. This is not acceptable to me,
and I know the leadership of the Rhode Island Bar Association shares my concerns.
That
is why it gives me great pleasure to announce the Rhode Island Bar Association
has stepped forward and agreed with my suggestion to create a Task Force to
provide affordable legal services for all. I am delighted that our outgoing
Bar Association President Robert Oster has agreed to chair this effort. It
is our intention to involve lawyers, judges and members of the public in this
and other forums, and we are hopeful that significant progress can be made to
make the Rhode Island Judiciary one of the most cutting-edge and innovated court
systems in the nation regarding these issues.
Outreach
and Education
Last,
but most certainly not least, let me spend a moment on the matter of outreach
and education. As most of you are aware, I have declared that improving awareness
and understanding of our state’s judicial system to be one of the fundamental
tenets of my stewardship of our courts. I have made no secret that I have grave
concerns regarding public perceptions of the judiciary, and believe that until
we reach out – to our schools, civic organizations, and communities – the public’s
confidence in their third branch of government will continue to falter.
I
know many of you feel as I do – that Law Day should be everyday – not only once
a year. In my first one hundred days in office, I have managed to balance my
responsibilities on the bench, along with my numerous administrative duties,
and still found the time to visit numerous schools and civic functions.
Improving
awareness and understanding of our constitutional rights and our judicial process
serves the best interests of our communities, our state, and our nation. Educating
young people as well as our citizens is a worthy endeavor in and of itself,
and many might find that the personal satisfaction that comes with such experience
is the only incentive one requires. But each of us can and should do much more.
According
to a recent national survey conducted by the National Constitution Center, nearly
60 percent of all teenagers were unable to name the three branches of government.
Such a lack of fundamental knowledge is particularly troubling to me.
And
while much attention has been focused on whether to provide mandatory continuing
legal education credits for such worthwhile efforts, such a discussion does
little to change the fact that we must work together to better inform and involve
our citizenry in their third branch of government. Is it asking too much of
our bench and bar that each of us reach out to one classroom a year? Throughout
our state, there are 125 public and private middle, junior and senior high schools
filled with eager and willing students interested in what we do. That breaks
down to more than 40 lawyers for every school! Surely, more of us can find the
time in our busy schedules to make ourselves available to the future leaders
of our state and nation.
Lawyers
too, as you will remember from Lincoln’s tongue-in-cheek anecdote, must also
be aware and concerned about public perceptions related to their profession.
Lawyers, even more so than judges, are easy targets for public scorn. Only by
working in concert, with extensive and enthusiastic participation, can the judiciary
and legal community turn the tide and regain the respect and confidence we deserve
for the vital roles we serve.
I
hope you agree that we have accomplished much in our first hundred days, and
we are just getting started. With your help, and the patience and support of
the people in our state, we can do so much more.
Here
are just a few more of the initiatives we will continue working on in the coming
months:
·
Continued expansion of our successful Truancy and Juvenile Drug
Courts;
·
Efforts to improve media relations, which have already begun as
I continue to meet with editors and reporters from across the state;
·
Improved employee relations, building upon my “walkabouts” visiting
every court facility in the state, meeting with all personnel and reviewing
our level of service to the public;
·
The planning of a “Judicial Retreat” that will take place this
September;
·
A review of accountability issues for all members of the judiciary;
·
Improved access to public information and continued upgrades to
the court website;
·
The creation of a new secure garage providing badly needed parking
spaces for the public adjacent to the Garrahy Complex;
·
Reviewing the feasibility of satellite parking facilities for
jurors, witnesses, and litigants who use the Licht Courthouse in Providence;
·
The creation of a user-friendly business office in each courthouse
containing telephones, fax, and copy machines; and
·
Continued innovations in all my courts to ensure that we fulfill
our commitment to become more user-friendly.
Joining
me today are members of my cabinet who I would like to briefly recognize. I
am counting on them to help me implement the initiatives I have mentioned today
and I urge you to share your thoughts on these matters with them.
John
Barrette, as I mentioned previously, is well known to many of you from his days
as Superior Court Administrator. John has agreed to join me as the State Court
Administrator and I have the utmost confidence in his ability to help us navigate
some of these uncharted waters we face ahead.
Joining
him in the administration is Gail Valuk, an attorney who now serves as Assistant
State Court Administrator. Rounding out our cabinet is General Counsel Christine
Jabour; Paul Petit, Executive Director of Facilities and Operations for all
our courts; Wayne Hannon, our Acting Associate Administrator for Finance and
Budget; Tracy Williams, our technical guru and Executive Director of the Rhode
Island Judicial Systems and Sciences; and John Goodman, Director of Public Information,
who will facilitate our education and outreach efforts and coordinate media
relations.
While
we have only just begun, we have already accomplished much in our first hundred
days and look forward to the many challenges ahead. We aspire to great things
in both our vision and our goals, and we must join together and persevere if
we are to make them a reality. An ancient philosopher once said that there
is nothing permanent except change. So let us not fear change, but embrace
it. Working together, there is no limit to what we can accomplish.
Let
me leave you with these parting words, spoken not by Abraham Lincoln, but by
Henry David Thoreau, who said, “I know of no more encouraging fact than the
unquestionable ability of man to elevate his life by a conscious endeavor.”
Let
us all leave here today re-dedicated to elevating not only our lives, but also
the cause of justice. Help us breakout of the beachhead and move forward in
this endeavor.
Thank
you very much.
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