The twelve district courts each have a judge of first instance and a
judge of instruction, elected by the Senate for terms of four years.
The judge of instruction is not, strictly speaking, a part of the
court, his duty being to investigate the more serious criminal
offenses, commit the offenders for the action of the court and report
the result of his investigation to the prosecuting attorney. The
courts of first instance have original jurisdiction in all criminal
matters except the minor police offenses and in all civil matters
except those expressly assigned to the justices of the peace. They
hear appeals from the justices of the peace in civil and
criminal cases.
The local justices of the peace are called "alcaldes." The alcalde, in
Spanish times, was an officer exercising both administrative and
judicial functions, the name being derived from the Arabic "al cadi,"
the judge, and whereas in Spain and most of the former Spanish
colonies the alcalde has now only administrative duties and his office
is equivalent to that of mayor, in Santo Domingo he now exercises
solely judicial authority. (The office of "alcalde pedaneo," which may
be roughly translated as deputy mayor, exists in Santo Domingo,
however, this title being given to the municipal executive's agent in
each section.) The alcalde's jurisdiction comprises the smaller police
offenses and, in civil cases, matters involving less than $100, as
well as certain cases, such as suits between innkeepers and guests,
where the limit of his authority is raised to $300, and other cases,
such as ejectment suits, where his jurisdiction attaches on account of
the subject-matter. The alcaldes are appointed by the president of
the Republic.
In general the system works smoothly. The alcaldes are often ignorant
men, but even in the United States the country magistrates are not
always founts of wisdom. The judges of first instance and district
attorneys are almost without exception respected in the community, and
the present judges of the supreme court and of the courts of appeals
enjoy a good reputation. Not infrequently political considerations
have given rise to poor appointments, such as occurred in Barahona
some years ago when the judge-elect telegraphed an indignant protest
to the capital to the effect that he was unacquainted even with the
rudiments of the law. The administration had not taken the trouble to
ascertain whether he was a lawyer, but knowing he sought a position,
had given him the first one at hand. This was rather an oversight, as
the law requires such appointees to be members of the bar. On another
occasion the legal requisite was filled by first declaring the
aspirant a lawyer and then designating him for the post. These cases
are exceptions, however. The integrity of the judges is not often
questioned, but the alcaldes do not enjoy so good a reputation.
Public-domain text, read in full here on John Shaqi.
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