Supreme Court
No. 2012-98-Appeal.
(WC06-132)
Joseph Chen :
v. :
Subaru of America. :
ORDER
This case came before this Court in conference pursuant to Article I, Rule 12A(3)(b) of
the Supreme Court Rules of Appellate Procedure. After reviewing the record and the parties’
prebriefing statements, we proceed to decide the case at this time without further briefing or
argument.
The plaintiff Joseph Chen appeals pro se from a post-judgment order that revokes
his in forma pauperis status and orders repayment of costs incurred since July 1, 2010. Several
months after judgment had been entered in the case at bar, the plaintiff herein appeared as a
party-defendant in an unrelated case before the same hearing justice as had presided over the
case at bar. Based on information that came out at that hearing about a bank account which the
plaintiff said was earmarked for rent, the judge sua sponte revoked the
plaintiff’s in forma pauperis status retroactively in the case at bar and ordered the plaintiff to
repay court costs incurred while this case was pending. We are concerned that this action was
taken without notice to either side and without a hearing, and we are further concerned that no
substantial findings were made. While generally a trial justice has discretionary authority to
formulate an appropriate sanction, due process requires that the offender be given notice and an
opportunity to be heard before sanctions are imposed. Michalopoulos v. C & D Restaurant, Inc.,
847 A.2d 294, 302 (R.I. 2004). Given the lack of notice and an evidentiary hearing, as well as
the absence of findings to support the Superior Court’s order of revocation, we hereby vacate the
order and remand the case for further proceedings.
Entered as an order of this Court on this 14th day of May, 2013.
By Order,
/s/
Clerk
RHODE ISLAND SUPREME COURT CLERK’S OFFICE
Clerk’s Office Order/Opinion Cover Sheet
TITLE OF CASE: Joseph Chen v. Subaru of America.
CASE NO: No. 2012-98-Appeal
(WC 06-132)
COURT: Supreme Court
DATE ORDER FILED: May 14, 2013
JUSTICES: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ.
WRITTEN BY: N/A – Court Order
SOURCE OF APPEAL: Washington County Superior Court
JUDGE FROM LOWER COURT:
Associate Justice Jeffrey A. Lanphear
ATTORNEYS ON APPEAL:
For Plaintiff: Joseph Chen, Pro se
For Defendant: Gerald C. DeMaria, Esq.
Kelly A. Kincaid, Esq.