The Court’s Role in Managing High Profile

Civil and Criminal Cases

Nicole J. Benjamin, Esquirenbenjamin@apslaw.comAdler Pollock & Sheehan P.C.One Citizens Plaza, 8th FloorProvidence, RI 02903(401) 274-7200www.RIAppeals.com

The Honorable Frank J. Williamsalincoln@courts.ri.govRhode Island Supreme Court250 Benefit StreetProvidence, RI 02903(401) 222-3290

TWO CASES AS A PARADIGM

The Yellow Kittens Case

The Lead Paint Case

THE LEAD PAINT CASE

“In this landmark lawsuit, filed in 1999, the then Attorney General, on behalf of the State of Rhode Island (the state), filed suit against various former lead pigment manufacturers and the Lead Industries Association (LIA), a national trade association of lead producers formed in 1928.”

THE LEAD PAINT CASE

“After the first trial resulted in a mistrial, a second trial commenced; that second trial, spanning four months, became the longest civil jury trial in the state's history. This monumental lawsuit marked the first time in the United States that a trial resulted in a verdict that imposed liability on lead pigment manufacturers for creating a public nuisance.”

THE YELLOW KITTENS CASE

Three men, including a public official who owned a restaurant/lounge in New Shoreham (Block Island) were charged with sexually assaulting a woman staff member after closing hours on a weekend after much heavy drinking. There were several counts, including one for oral sex.

FLEXIBILITY

• Complex, high profile cases do not always fit the mold. • They often require flexibility and creativity on the part of the Court and counsel.

FLEXIBILITY IN LEAD PAINT CASE

FLEXIBILITY IN LEAD PAINT CASE

• Dedicated day for oral arguments. Roughly 4 hours of argument time.

FLEXIBILITY IN YELLOW KITTENS CASE

• Bifurcation of trial.

• Submission of pre-trial motions and memos – resolve significant issues of law before trial.

• Decision on pre-trial motions before trial and issuance of decisions each morning before the court session.

• Written preliminary jury instructions, final jury instructions.

COMMUNICATION

• Open communication between the Court and counsel on procedural issues is essential in complex, high profile cases.

COMMUNICATION IN LEAD PAINT CASE

• Emails permitted between law clerk and counsel.

• Periodic status meetings with counsel.

• Open discussion about the Court’s expectations and opportunity for counsel to ask questions of the Court.

COMMUNICATION IN YELLOW KITTENS CASE

• Established expectations of counsel from the outset.

• Frequent status meetings with counsel.

STAFFING

• Complex, high profile cases often have special staffing needs, which can be difficult for a judiciary that has limited resources.

STAFFING INLEAD PAINT CASE

• Court became aware that one obstacle to the docketing of the appeals was that the stenographer, who was assigned to a court calendar, was struggling to find time to complete the transcripts. The Court managed that issue by taking the stenographer off her daily court calendar, which allowed her to devote all of her time to completing the transcripts.

STAFFING INLEAD PAINT CASE

STAFFING INYELLOW KITTENS CASE

• Uniformity of staff: same clerk, same law clerk, same stenographer for both trials.

• Extended morning/evening hours of staff to accommodate last minute motions and other matters.

TECHNOLOGY

• The Judiciary is slow to adopt technology.

• Complex, high profile cases present an opportunity for the Court to pilot technology in new and different ways.

TECHNOLOGY INLEAD PAINT CASE

TECHNOLOGY INLEAD PAINT CASE

HEADLINE: High court OKs Webcast of paint case

BYLINE: By Peter B. Lord, Journal Environment Writer

BODY:

The Rhode Island Supreme Court, in an unprecedented move, plans to Webcast hearings scheduled for May 15 on an appeal of the state s high profile lead-paint case against three major corporations.

TECHNOLOGY INLEAD PAINT CASE

• The Rhode Island Supreme Court generally does not televise its proceedings. In a few select cases, the Court had allowed a single pool camera to transmit images to an overflow room or to a group of TV stations. The Lead Paint case was the first time the Court used its own camera to broadcast the arguments on the web.

TECHNOLOGY INLEAD PAINT CASE

“Chief Justice Frank J. Williams decided to allow the Webcast because of the strong nationwide interest in the case, according to courts spokesman Craig Berke.

There was widespread interest from attorneys all over the country who would otherwise have to attend if we couldn’t make this available, Berke said. There has been a lot of interest from attorneys, legal publications, brokers and investment companies.”

TECHNOLOGY INLEAD PAINT CASE

• Nearly 400 people viewed the webcast on the day of the argument.

TECHNOLOGY INYELLOW KITTENS CASE

• Court allowed a single reporter access to allow for transparency.

• Court controlled the flow of information.

TIMELINESS

• Complex, high profile cases, like the fictional chancery case of Jarndyce and Jarndyce that Charles Dickens describes in Bleak House, have the potential to “drone on.”

• There is a delicate balance between affording litigants and their counsel sufficient time to adequately brief and prepare their cases and ensuring the “just, speedy, and inexpensive determination of every action” as required by Rule 1.

TIMELINESS INLEAD PAINT CASE

• Initial conference with the parties – December 17, 2007 • Briefing concluded by – April 16, 2008

• Hearing – May 15, 2008

• Decision – July 1, 2008

TIMELINESS INYELLOW KITTENS CASE

• Trial 1 – April 1998 (jury trial)

• Trial 2 – June 1998 (non-jury trial)