Dominican Republic and Haiti: Country Studies

Dominican Republic and Haiti: Country Studies
five years old, be in good legal standing, and have completed a
probationary period of at least one year. Justices of the peace
hear civil law cases, including those that involve limited sums of
money, and landlord and tenant disputes. Their jurisdiction in
criminal matters extends only to cases where the penalty does
not exceed six months in jail.
Courts of first instance are either civil or criminal tribunals
located in major cities. Each court has one judge and various
other officers. The courts hear civil cases and all criminal cases,
including those sent by the inspector general of the Haitian
National Police. For nomination to this court, an individual is
required to have practiced law for at least two years. Sitting
above the courts of first instance are courts of appeals, of which
there are four, located in Port-au-Prince, Les Caves, Gonaives,
and Cap-Haitien. The appeals court in the capital has a president
and five judges; those in the other cities have a president
and four judges. These courts hear both civil and criminal
cases, including all appeals from courts of first instance and
criminal appeals from justice of the peace courts. For appointment
to a Court of Appeals, judges must have been on the
bench of courts of first instance for at least three years.
Haiti's highest court, the Court of Cassation, consists of a
president, a vice president, and ten judges. It generally functions
in two chambers with five judges each, but functions as a
whole when hearing appeals and pleas concerning the unconstitutionality
of laws and decrees. Judges of the Court of Cassation
must be at least thirty years old and must have held the
position ofjudge or public attorney for at least seven years.
In addition to these courts, there are also a Superior Court
of Auditors and Administrative Disputes and special courts that
oversee matters concerning property rights, juveniles, and
labor conflicts. The Senate may constitute itself into a High
Court ofJustice to preside over crimes of state treason, embezzlement,
or abuse of power involving high state officials in the
discharge of their duties. In 1996 a School of the Magistrature
opened in Port-au-Prince to provide judicial training for current
and new judges.
Functions of Government
Historically, most Haitians have viewed government functionaries
as beneficiaries of patronage and the spoils system
rather than as public servants. Governments traditionally supported
and maintained the established political order and
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