High Court of the Marshall Islands

Last updated
High Court of the Marshall Islands
High Court of the Marshall Islands Seal.gif
Seal of the court
Composition methodRecommendation of Judicial Service Commission, Appointment by Cabinet, and Approval of Nitijela
Authorized by Constitution of the Marshall Islands
Appeals to Supreme Court of the Marshall Islands
Judge term lengthCitizens During Good Behavior Up to Age 72; Noncitizens During Good Behavior for Term of 1 Year or More
Number of positions1 Chief Justice and Optional (Currently 2) Associate Justices
Website http://rmicourts.org/
Chief Justice
CurrentlyCarl Ingram
Since2013
Lead position ends2023

The High Court is the second highest court of law in the Marshall Islands Judiciary. The court is established by Article VI, section 3 of the republic's constitution [1] It has appellate jurisdiction over cases originating in the lower courts as well as original jurisdiction over certain classes of cases, including some criminal and civil matters, wills, and divorces. [2] The court consists of a Chief Justice and an optional number of Associate Justices. [3] The current Chief Justice, Carl Ingram, a U.S. citizen who originally came to the Marshall Islands with the Peace Corps in 1979, was first appointed as an associate justice of the High Court in March 2003, then as chief justice in October 2003 and for a second 10-year term as chief justice effective October 2013. [4]

Chief Justices

NameTook officeLeft officeNotes
John Lanham 19821985 [5]
Nelson Doi 19851985-? [5]
A. D. Tennekone ?-19861989 [6] [7]
Philip Bird 19891991 [8]
Neil Rutledge ?-19921993-?
Witten Philippo ?-19941995-?acting [9]
Daniel Cadra April 1996June 1999 [10]
Charles Henry 20012002 [11]
Carl Ingram October 2003Incumbent [10]

Related Research Articles

Marbury v. Madison, 5 U.S. 137 (1803), was a landmark decision of the U.S. Supreme Court that established the principle of judicial review, meaning that American courts have the power to strike down laws and statutes they find to violate the Constitution of the United States. Decided in 1803, Marbury is regarded as the single most important decision in American constitutional law. It established that the U.S. Constitution is actual law, not just a statement of political principles and ideals. It also helped define the boundary between the constitutionally separate executive and judicial branches of the federal government.

<span class="mw-page-title-main">Article Three of the United States Constitution</span> Portion of the US Constitution regarding the judicial branch

Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congress. Article Three empowers the courts to handle cases or controversies arising under federal law, as well as other enumerated areas. Article Three also defines treason.

<span class="mw-page-title-main">Supreme Court of the Philippines</span> Highest court in the Philippines

The Supreme Court (Filipino: Kataas-taasang Hukuman; colloquially referred to as the Korte Suprema, is the highest court in the Philippines. The Supreme Court was established by the Second Philippine Commission on June 11, 1901 through the enactment of its Act No. 136, an Act which abolished the Real Audiencia de Manila, the predecessor of the Supreme Court.

<span class="mw-page-title-main">Supreme Court of Virginia</span> Highest court in the U.S. state of Virginia

The Supreme Court of Virginia is the highest court in the Commonwealth of Virginia. It primarily hears direct appeals in civil cases from the trial-level city and county circuit courts, as well as the criminal law, family law and administrative law cases that are initially appealed to the Court of Appeals of Virginia. Established in 1779 as the Supreme Court of Appeals, the Supreme Court of Virginia is one of the oldest continuously active judicial bodies in the United States.

<span class="mw-page-title-main">Judicial system of Singapore</span> National court system

Under the Constitution of Singapore, the judicial system of Singapore is divided into the Supreme Court which comprises the Court of Appeal and the High Court, and the subordinate courts, namely the State Courts and Family Justice Courts.

<span class="mw-page-title-main">Judicial review in the United States</span> Power of courts to review laws

In the United States, judicial review is the legal power of a court to determine if a statute, treaty, or administrative regulation contradicts or violates the provisions of existing law, a State Constitution, or ultimately the United States Constitution. While the U.S. Constitution does not explicitly define the power of judicial review, the authority for judicial review in the United States has been inferred from the structure, provisions, and history of the Constitution.

<span class="mw-page-title-main">Supreme court</span> Highest court in a jurisdiction

In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, and highcourt of appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of a supreme court are binding on all other courts in a nation and are not subject to further review by any other court. Supreme courts typically function primarily as appellate courts, hearing appeals from decisions of lower trial courts, or from intermediate-level appellate courts. A Supreme Court can also, in certain circumstances, act as a court of original jurisdiction, however, this is typically limited to constitutional law.

<span class="mw-page-title-main">Judiciary of Pakistan</span> National judicial system

The judiciary of Pakistan is the national system of courts that maintains the law and order in the Islamic Republic of Pakistan. Pakistan uses a common law system, which was introduced during the colonial era, influenced by local medieval judicial systems based on religious and cultural practices. The Constitution of Pakistan lays down the fundamentals and working of the Pakistani judiciary.

<span class="mw-page-title-main">Supreme Court of Spain</span> Highest court in Spain

The Supreme Court is the highest court in the Kingdom of Spain. Originally established pursuant to Title V of the Constitution of 1812 to replace —in all matters that affected justice— the System of Councils, and currently regulated by Title VI of the Constitution of 1978, it has original jurisdiction over cases against high-ranking officials of the Kingdom and over cases regarding illegalization of political parties. It also has ultimate appellate jurisdiction over all cases. The Court has the power of judicial review, except for the judicial revision on constitutional matters, reserved to the Constitutional Court.

<span class="mw-page-title-main">Judiciary of India</span> National court system

The judiciary of India is a system of courts that interpret and apply the law in the Republic of India. India uses a common law system, first introduced by the British East India Company and with influence from other colonial powers and Indian princely states, as well as practices from ancient and medieval times. The Constitution of India provides concept for a single and unified judiciary in India.

<span class="mw-page-title-main">Judiciary of Malta</span>

The judiciary of Malta interprets and applies the laws of Malta, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system of Malta is based partially on English law and partly on Continental law, whilst also being subject to European Union law.

<span class="mw-page-title-main">Judiciary of New York</span> Judicial branch of the New York state government

The Judiciary of New York is the judicial branch of the Government of New York, comprising all the courts of the State of New York.

Law in the Republic of Vanuatu consists of a mixed system combining the legacy of English common law, French civil law and indigenous customary law. The Parliament of Vanuatu is the primary law-making body today, but pre-independence French and British statutes, English common law principles and indigenous custom all enjoy constitutional and judicial recognition to some extent.

<span class="mw-page-title-main">Supreme Court of Mauritius</span> The Mauritius Supreme Court formed 1850

The Supreme Court of Mauritius is the highest court of Mauritius and the final court of appeal in the Mauritian judicial system. It was established in its current form in 1850, replacing the Cour d'Appel established in 1808 during the French administration and has a permanent seat in Port Louis. There is a right of appeal from the Supreme Court of Mauritius directly to the Judicial Committee of the Privy Council in London. The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for Mauritius.

<span class="mw-page-title-main">Judiciary of Kenya</span>

The Judiciary of Kenya is the system of courts that interprets and applies the law in Kenya. After the promulgation of the Constitution of Kenya in 2010, the general public, through parliament, sought to reform the judiciary. Parliament passed the Magistrates and Judges Vetting Act of 2011. A major part of reforming the judiciary was the vetting of Magistrates and Judges in an attempt to weed out unsuitable ones. The Judicature Act has also been amended to raise the minimum number of Magistrates and Judges allowing more judicial officers to be hired. More magistrates and judges are needed to clear the backlog of cases that have caused great delay in the conclusion of cases and to staff new courts. New courts are needed to bring the courts closer to the people which is in line with devolution, a major principle written into the Constitution of 2010. New courts like the High Court opened in Garissa in November 2014 is a good example. In the past residents of North Eastern Kenya had to go all the way to Embu to access a High Court.

<span class="mw-page-title-main">Judiciary of Solomon Islands</span> Branch of the Government of Solomon Islands

The judiciary of Solomon Islands is a branch of the Government of Solomon Islands that interprets and applies the laws of Solomon Islands, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The legal system is derived from chapter VII, part II of the Constitution, adopted when the country became independent from the United Kingdom in 1978. The Constitution provided for the creation of a High Court, with original jurisdiction in civil and criminal cases, and a Court of Appeal. It also provided for the possibility of "subordinate courts", with no further specification (art.84).

<span class="mw-page-title-main">Judiciary of Tanzania</span>

The Judiciary of Tanzania is the system of courts that interprets and applies the law in Tanzania. The current judiciary bases its foundation to the constitution of the United Republic of Tanzania of 1977. Under the Constitution of Tanzania, Justices and Magistrates are independent of the government and subject only to the Constitution and the law. The country has a dual juristition system where there is a judicial structure responsible for Tanzania Mainland and another for Zanzibar. The Court of Appeal of the United Republic was established in 1979 as the final appellate judicial body with jurisdiction over the entire union.

<span class="mw-page-title-main">Judiciary of Bangladesh</span>

The Judiciary of Bangladesh or Judicial system of Bangladesh is based on the Constitution and the laws are enacted by the legislature and interpreted by the higher courts. Bangladesh Supreme Court is the highest court of Bangladesh. The jurisdiction of the Supreme Court of Bangladesh has been described in Article 94(1) of the Constitution of Bangladesh. It consists of two divisions, the High Court Division and the Appellate Division. These two divisions of the Supreme Court have separate jurisdictions.

The Supreme Court is the highest court of law in the Republic of the Marshall Islands. It has final authority of all cases brought before it. It consists of a Chief Justice and two associate justices.

References

  1. "Constitution of the Republic of the Marshall Islands (Art. VI, sec. 3)" (PDF). Embassy of the Republic of the Marshall Islands. Archived from the original (PDF) on 2010-11-22. Retrieved 2016-07-08.
  2. Margolick, David (April 3, 1992). "At the Bar; The Marshall Islands Has Blue Lagoons, Pacific Breezes and an Opening on a Court". The New York Times .
  3. "The RMI Judiciary". RMI Judiciary. Archived from the original on 13 June 2016. Retrieved 6 July 2016.
  4. "Senior Judges and Staff". RMI Judiciary. Retrieved 2016-07-08.
  5. 1 2 "A look back at the 1950s". The Marshall Islands Journal. 11 February 2022.
  6. Report to the United Nations on the Administration of the Trust Territory of the Pacific Islands, transmitted by the United States of America (Report). United States Department of State. 1985.
  7. Van Dyke, Jon M. (2009). "The Pacific Judicial Conference: Strengthening the Independent Judiciary and the Rule of Law in the Pacific" (PDF). Western Legal History. 22 (1 & 2). Pasadena, CA: Ninth Judicial Circuit Historical Society: 154. ISSN   0896-2189.
  8. "Chinese Embassy opens". The Marshall Islands Journal. 3 March 2016.
  9. "Judge Philippo" (PDF). Republic of the Marshall Islands Law Reports: Opinions and Selected Orders July 1993 Through July 2004. 2. December 4, 2004.
  10. 1 2 "Senior Judges and Staff". Republic of the Marshall Islands Judiciary.
  11. "Suspended Marshall Islands chief justice in court on Monday". RNZ. 25 April 2003.