This presentation, which was made at the American College of Trial Lawyers' New England Regional Meeting, highlights the trial and the appellate court's role in managing complex, high profile civil and criminal cases.

1. The Court’s Role in
Managing High Profile
Civil and Criminal Cases
Nicole J. Benjamin, Esquire
nbenjamin@apslaw.com
Adler Pollock & Sheehan P.C.
One Citizens Plaza, 8th Floor
Providence, RI 02903
(401) 274-7200
www.RIAppeals.com
The Honorable Frank J. Williams
alincoln@courts.ri.gov
Rhode Island Supreme Court
250 Benefit Street
Providence, RI 02903
(401) 222-3290

2. TWO CASES AS A PARADIGM
The Yellow Kittens Case
The Lead Paint Case

3. 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.”

4. 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.”

5. 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.

6. 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.

7. FLEXIBILITY IN
LEAD PAINT CASE

8. FLEXIBILITY IN
LEAD PAINT CASE
• Dedicated day for oral arguments. Roughly 4 hours of
argument time.

9. 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.

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

11. 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.

12. COMMUNICATION IN
YELLOW KITTENS CASE
• Established expectations of counsel from the outset.
• Frequent status meetings with counsel.

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

14. STAFFING IN
LEAD 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.

15. STAFFING IN
LEAD PAINT CASE

16. STAFFING IN
YELLOW 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.

17. 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.

18. TECHNOLOGY IN
LEAD PAINT CASE

19. TECHNOLOGY IN
LEAD 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.

20. TECHNOLOGY IN
LEAD 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.

21. TECHNOLOGY IN
LEAD 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.”

22. TECHNOLOGY IN
LEAD PAINT CASE
• Nearly 400 people viewed the webcast on the day of the
argument.

23. TECHNOLOGY IN
YELLOW KITTENS CASE
• Court allowed a single reporter access to allow for
transparency.
• Court controlled the flow of information.

24. 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.

25. TIMELINESS IN
LEAD PAINT CASE
• Initial conference with the parties – December 17, 2007
• Briefing concluded by – April 16, 2008
• Hearing – May 15, 2008
• Decision – July 1, 2008

26. TIMELINESS IN
YELLOW KITTENS CASE
• Trial 1 – April 1998 (jury trial)
• Trial 2 – June 1998 (non-jury trial)