INTERRELATIONSHIP BETWEEN THE LOCAL COURT, THE FEDERAL COURT, AND JUDICIAL REFORM

• NCJ Number: 41597
• Journal: REVISTA DE DERECHO PUERTORRIQUENO Volume: 14 Issue: 56 Dated: (APRIL-JUNE 1975) Pages: 635-676
• Author(s): M NAVEIRA DE RODON
• Date Published: 1975
• Length: 42 pages
• Corporate Author: Catholic University of Puerto Rico
• Publication Format: Article
• Language: Spanish
• Country: United States of America

Annotation

IT IS INEVITABLE THAT, IN OUR SYSTEM OF JUSTICE WHERE TWO INDEPENDENT JUDICIAL FORUMS (STATE AND FEDERAL) EXIST, OFTEN WITH CONCURRENT JURISDICTIONS, THE OPERATION OF THESE TWO FORUMS WOULD CAUSE FRICTION.

Abstract

THIS IS PARTICULARLY THE CASE WHEN THE FEDERAL COURTS FAIL TO RIGOROUSLY AND WISELY EXERCISE THEIR DISCRETION TO ABSTRAIN FROM INTERVENING IN THOSE CASES INVOLVING THE PUBLIC POLICY OF THE STATE, THEREBY ACKNOWLEDGING THE RESPECT AND DEFERENCE DUE THE LEGITIMATE INDEPENDENCE OF THE STATE GOVERNMENT. THE APPLICATION OF THE DOCTRINE OF ABSTENTION IS PARTICULARLY APPROPRIATE IN CASES INVOLVING THE CONSTRUCTION AND VALIDITY OF A STATUTE OF THE COMMONWEALTH OF PUERTO RICO. FOR A DUE REGARD FOR THE STATUS OF THAT COMMONWEALTH UNDER ITS COMPACT WITH THE CONGRESS DICTATES THAT IT SHOULD HAVE THE PRIMARY OPPORTUNITY THROUGH ITS COURTS TO DETERMINE THE INTENDED SCOPE OF ITS OWN LEGISLATION AND TO PASS UPON THE VALIDITY OF THAT LEGISLATION UNDER ITS OWN CONSTITUTION AS WELL AS UNDER THE CONSTITUTION OF THE UNITED STATES. A BRIEF ANALYSIS OF THE CASES DECIDED BETWEEN 1973 AND 1975 IN THE FEDERAL DISTRICT COURT FOR THE DISTRICT OF PUERTO RICO INVOLVING SOME PUBLIC POLICY OF THE COMMONWEALTH DEMONSTRATES THAT, AS A GENERAL RULE, ONE OF TWO PROVISIONS HAVE BEEN INVOKED AS A JURISDICTIONAL BASE - 28 U.S.C., SECTION 1343 (WHICH COMPLEMENTS THE FEDERAL CIVIL RIGHTS LAW AND IS USUALLY UTILIZED JOINTLY WITH THE 28 U.S.C., SECTION 2281, WHICH CREATES A THREE JUDGE DISTRICT COURT HAVING JURISDICTION OVER CASES ATTACKING THE CONSTITUTIONALITY OF A STATE STATUTE OR EXECUTIVE ORDER) - AND 28 U.S.C., SECTION 2254, WHICH AUTHORIZES THE APPLICATION OF A WRIT OF HABEAS CORPUS IN FEDERAL COURT TO RELEASE STATE PRISONERS. IT HAS BEEN SUGGESTED THAT THE INCREASING TENSION AND FRICTION CREATED BY THIS FEDERAL INTERVENTION COULD BE ALLEVIATED UNDER THE FEDERAL CIVIL RIGHTS LAW, WHICH STATES THAT NO ACTION MAY BE INITIATED UNDER SECTION 1983 UNLESS IT HAS BEEN DEMONSTRATED THAT ALL STATE RECOURSES HAVE BEEN EXHAUSTED OR WOULD BE INEFFECTIVE. --IN SPANISH...ELW