Rhode Island Supreme Court - History

History

In 1747, the Rhode Island General Assembly authorized the creation of a Superior Court of Judicature, Court of Assize, and General Gaol Delivery, consisting of one chief justice and four associates, all serving one year terms. The 1747 enactment replaced an earlier appeals court of the same name, which had been composed of the governor or deputy governor and at least six of the elected "assistants," which dated to 1729 under the same name and the composition dated back to the 1663 charter when it was known as the "General Court of Trials." This court had replaced an even earlier court formed under the Charter of 1644, a 1647 enactment of a code of laws, and a 1651 amendment creating appellate jurisdiction.

Most of the judges during the 18th century were laymen, merchants or farmers and did not possess formal legal training, and therefore the court did not explicitly follow British common law. Parties, however, could still appeal to either the British monarch, English courts or the General Assembly until independence in 1776.

In 1747 the Assembly appointed the first Chief Justice, Gideon Cornell, who was a judge, farmer, and merchant, and the second, Joshua Babcock, a Yale educated physician. Stephen Hopkins, later signatory of the Declaration of Independence, served as the third Chief Justice from 1747 to 1755.

In 1798, the Assembly renamed the Superior Court "The Supreme Judicial Court," and in 1843, "The Supreme Court." The first officially recorded decision was Stoddard v. Martin (1828), a case involving gambling on an election. Since 1930 the Court has been located within the Licht Judicial Complex. Until 1994 the General Assembly sitting with both houses in "Grand Committee" chose the Supreme Court justices without the governor's consent. In 1994 after a wave of corruption scandals, citizens amended the Rhode Island Constitution to allow the governor to choose Supreme Court nominees from a list of candidates approved by a non-partisan nominating committee. Both houses of the General Assembly still must approve any nominees.

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