Appendix III

The Haitian Justice System Organization

Haiti has over 180 justice of the peace courts, each generally employing a 

judge, an assistant judge, and a clerk. Because these courts are the primary 

points of entry to the justice system, they hear a large number of criminal, 

civil, and commercial cases. The justice of the peace courts have 

jurisdiction over minor criminal offenses with potential sentences of

6 months or less, and small claims for civil and commercial cases. If the 

justice of the peace court determines it has jurisdiction over a matter, the 

court will hear the case and render a decision. If the court rules that the 

charge or claim exceeds the court's authority for judgment, the matter is 

referred to the first instance court that oversees the justice of the peace 

court.

Haiti has one first instance court located in each of its 15 judicial districts. 

These courts have, at least, a judge, an investigating magistrate, a 

prosecutor, and a clerk. These courts deal with criminal offenses with 

potential sentences of 6 months to 5 years as well as major criminal 

offenses with potential sentences of more than 5 years. These courts also 

hear civil and commercial cases that involve large claims. In certain cases 

defined by law, sentences of the justice of the peace courts may be 

appealed to the first instance courts.

Haiti has five appellate courts, each overseeing three first instance courts. 

Each appellate court has, at least, one presiding judge, four judges, a 

prosecutor, an assistant prosecutor, and three clerks. Any decision of a 

lower court may be appealed to the appellate court having jurisdiction over 

the lower court. Decisions of the appellate courts may also be appealed to 

the Supreme Court. In some cases, decisions of the first instance courts 

may be appealed directly to the Supreme Court.

The Supreme Court is located in the Palace of Justice in Port au Prince. It 

has a presiding judge, 11 judges, a prosecutor, 3 assistant prosecutors, and 

7 clerks. It hears cases from the appellate courts. The court is divided in 

two sections, which sit separately. The two sections sit together when a 

case comes before the court on a second appeal, either to review a case 

involving a major offense, or to rule on the constitutionality of a particular 

law.

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