Posts Tagged ‘New Jersey’

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New Jersey legislation would mandate defendants participate in drug court programs

May 18th, 2012

Drugs courts are not particularly new, but New Jersey’s legislature may add a new element to them, making participation mandatory in certain instances.

In March, New Jersey Governor Chris Christie announced his plans to expand the state’s existing drug court program to include a mandate that non-violent, drug-addicted offenders participate. Legislation putting these ideas into effect has been introduced in the last several weeks and has advanced in the legislative process.

The first bill introduced was SB 1877 on May 3. It would apply statewide and in almost all cases involving non-violent, drug-addicted offenders. That bill is currently pending in the Senate Judiciary Committee.

A second batch of bills (AB 2883 and the identical SB 1963) were introduced May 10 and 17, respectively. Unlike the SB 1877 version, AB 2883/SB1963 create the mandatory drug court system as a two-year pilot program and limit the focus to two vicinages (judicial districts) chosen by the Administrative Office of the Courts. The AOC would also be responsible for administering the pilot program.

AB 2883 was approved by the Assembly Judiciary Committee on May 14. SB 1963 is currently pending in the Senate Judiciary Committee.

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Bans on court use of sharia/international law: Killed in Alabama, legislatively approved in Kansas, withdrawn in New Jersey, sent to study committee in New Hampshire

May 14th, 2012

With most legislatures now out of session, the last month saw little activity on legislation dealing with bans on court use of sharia/international law, but what there was was all in the last week:

May 7: Kansas’ House approves unanimously (120-0)  SB 79 as amended by the House, a statute to ban the use of foreign or international law.

May 8: New Hampshire’s Senate Judiciary Committee recommended referring that state’s version (HB 1422) to an interim summer study.

May 9: Alabama’s Senate voted to indefinitely postpone and effective kill proposed constitutional amendment SB 84.

May 10: New Jersey’s AB 919, which the author had previously noted would be withdrawn, was formally removed from the legislature.

May 11: Kansas’ Senate approved SB 79 on a 33-3 vote. Proponents went out of their way during the debate to note the word “sharia” was not included in the bill, however news reports indicate that sharia was the focus of the bill when introduced and was specifically mentioned during debate.

Full roster of 41 bills introduced and their statuses after the jump.
» Read more: Bans on court use of sharia/international law: Killed in Alabama, legislatively approved in Kansas, withdrawn in New Jersey, sent to study committee in New Hampshire

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Bans on court use of sharia/international law: Activity in Missouri, Kansas tries to tie to Citizens United

April 9th, 2012

This post has been updated, click here.

The last several weeks in the examination bans on court use of sharia/international law have seen two notable pieces of activity.

The first was in Kansas. As noted in the last update SB 79, as originally introduced, had nothing to do with international law or sharia. The House changed the bill entirely, substituting the language of HB 2087 for the original bill. When brought to the full House, a further amendment was offered to, in effect, declare the U.S. Supreme Court’s decision in Citizens United void.

Except as expressly provided by law, no corporation shall be deemed to hold the same rights and privileges possessed by natural persons.

That amendment failed 46-74. The House substitute language was approved March 28 and sent to a House/Senate conference committee.

The second piece of activity was in Missouri. There, HB 1512 (the “Civil Liberties Defense Act”) was approved by full House on March 27. A similar Senate bill was approved in committee in February and could be taken up for a Senate floor vote as early as tomorrow (April 10).

Full roster of 41 bills introduced and their statuses after the jump.
» Read more: Bans on court use of sharia/international law: Activity in Missouri, Kansas tries to tie to Citizens United

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Bans on court use of sharia/international law: Bills withdrawn in Minnesota and New Jersey, Kansas House attaches ban to unrelated bill

March 20th, 2012

This post has been updated. Click here.

The last several weeks in the examination bans on court use of sharia/international law have seen something new: while such bans have been voted down in committee before for t he first time authors are starting to withdraw the bills outright.

Minnesota’s SB 2281 was withdrawn the day it was introduced. According to WCCO TV:

Before the bill was even introduced, the author, Republican Dave Thompson pulled it. “It was never my intent to introduce legislation that was being targeted to any one group,” said Thompson.

The second bill was New Jersey’s AB 919 (introduced in the 2010/2011 session as AB 3496). Introduced January 10 of this year, the bill was withdrawn last week. The NJ Assembly Republicans blog on March 13 quotes the bill’s author (GOP Assemblywoman Holly Schepisi):

In the climate of what has been transpiring in the Muslim community in New Jersey, they were concerned it would further, in their view, portray Muslims in a negative light. After sitting and listening to their concerns, I agreed to withdraw it.

The legislature’s website, however, does not yet show the bill has having been formally withdrawn. (No direct link to bill status page, follow this link and search for bill AB 919).

The other activity was in Kansas. SB 79, as originally introduced, had nothing to do with international law or sharia. Instead, it made a modification to an existing state program that helped courts recover fees/fines owed. That bill passed the Senate unanimously.

Yesterday (March 19) the House changed the bill entirely. The House substitute for SB 79 simply replicates the language of HB 2087, which the House had passed in 2011 and the Senate had declined to advance.

Readers may recognize this tactic on the part of the Kansas House. When the House approved bills to end merit selection for the state’s Court of Appeals, bills the Senate did not take up, the House started to add provisions to unrelated bills (see here, here, and here). The difference here is that rather than tacking on the new provision to the existing bill, this effort simply replaces the text of the bill entirely.

Full roster of 41 bills introduced and their statuses after the jump.
» Read more: Bans on court use of sharia/international law: Bills withdrawn in Minnesota and New Jersey, Kansas House attaches ban to unrelated bill

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Bans on court use of sharia/international law: South Dakota governor signs, dead in Florida, failing to advance in any other states

March 13th, 2012

This post has been updated. Click here.
If February was the active month for legislative bans on court use of sharia/international law, March may turn out to be the quiet month.

Yesterday (March 12) South Dakota’s governor signed into law HB 1253 which reads “No court, administrative agency, or other governmental agency may enforce any provisions of any religious code.”

The other activity, or lack thereof, was in Florida where that state’s multiple efforts failed to advance before that legislature adjourned. (Missouri’s Rules Committee passage was more procedural than substantive).

The possibility of any other state advancing such bans is diminishing; already many proposals have failed to meet internal legislative deadlines to advance out of their committees or chambers of origin (so-called “crossover” days).

Full roster of 39 40 bills introduced and their statuses after the jump.

Update 3/13/12 10:40 a.m.: Minnesota SB 2281 added
» Read more: Bans on court use of sharia/international law: South Dakota governor signs, dead in Florida, failing to advance in any other states

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Bans on court use of sharia/international law: On South Dakota governor’s desk; advancing in legislative committees in Alabama, Florida, Georgia, Missouri, New Hampshire

March 2nd, 2012

This post has been updated. Click here.

Like the two weeks before it, these last two weeks since my last update in this area have been particularly busy. Of note:

  • Three new bills introduced: Georgia SR 926 (Constitutional Amendment), Iowa SB 2158 (the Senate version of HB 575 introduced last year and still pending), and Mississippi HB 698. The Mississippi bill is interesting; despite the Court of Appeals for the Tenth Circuit decision in January 2012 that overturned a similar Oklahoma initiative because it cited sharia by name, HB 698 specifically cites to sharia as well in its definition of “foreign law” the use of which is prohibited in the state’s courts by the bill.
  • South Dakota’s heavily modified version (“No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.”) was approved by both chambers and is now on the desk of the state’s Governor.
  • Bans in Alabama, Florida, Georgia, Missouri, and New Hampshire met with committee approval, while Florida HB 1209 was approved by the full House yesterday (March 1).

Full roster of 39 bills introduced and their statuses after the jump.
» Read more: Bans on court use of sharia/international law: On South Dakota governor’s desk; advancing in legislative committees in Alabama, Florida, Georgia, Missouri, New Hampshire

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New Jersey legislators once again attempt to adopt constitutional amendment allowing for legislative “override” of judicial decisions, require use of original intent interpretation

February 28th, 2012

As I mentioned last year, Rick Perry’s idea of allowing legislatures to “override” or vote to overturn judicial decisions is not particularly new. Two states, Montana and New Jersey, have debated the concept for years.

Undaunted by the fact that not a single version of the bill has even advanced to a committee hearing, members of the New Jersey Assembly have nevertheless reintroduced ACR 102, permitting (among other things) the legislature to override the state’s judiciary.

Specifically, it would add a new section IX to the state’s judiciary article (Article VI).

a. As the people possess the exclusive authority to ordain or amend constitutions, all courts shall interpret this Constitution in a manner consistent with the intention of the people when ordaining or amending the same. Any court which declares an act of government contrary to the provisions of the Constitution shall do so in writing, setting forth in specific detail the section violated and the history of the provision which supports the decision. No court shall expand a constitutional provision beyond, nor constrict a constitutional provision below, the scope actually intended by the people. Furthermore, as the power of the purse is solely that of the Legislature, no court shall issue any decision, whether under this Constitution or otherwise, which shall have the effect of compelling the State or any of its subdivisions to expend any money, or restraining the expenditure thereof, without the express consent of the Legislature.

b. The Legislature may review any decision to determine if the decision violates the provisions of subsection a. of this constitutional amendment or is otherwise inconsistent with the intent of the Legislature. The Legislature may invalidate the decision, in whole or in part, by a vote of a two-thirds majority of the authorized membership of each House in favor of a concurrent resolution providing for invalidation.

The concurrent resolution has been sent to the Assembly Judiciary Committee.

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Proposed legislative changes to court security funding, practices

February 14th, 2012

With legislation recently introduced in the U.S. Senate to provide federal assistance to state court security, several state legislatures are grappling with the same subject, in particular who should provide court security and how should it be paid for? Bills introduced already in 2012 include:

Hawaii HB 493 Transfers responsibility for judiciary security personnel from department of public safety to newly created office of the sheriff within the department of the attorney general. Carried over from 2011 session.

Minnesota HB 1607 Permits State Patrol to provide security and protection to Supreme Court justices for a limited period and within the limits of existing resources, in response to a credible threat on the individual’s life or safety. Carried over from 2011 session.

Minnesota HB 2000 Authorizes county boards to set and impose court security fees in civil and criminal matters for court security equipment and personnel. In House Judiciary Policy and Finance Committee.

Minnesota SB 1283 Permits State Patrol to provide security and protection to Supreme Court justices for a limited period and within the limits of existing resources, in response to a credible threat on the individual’s life or safety. Carried over from 2011 session.

Missouri HB 1416 For St. Louis County Courthouse only, exempts any licensed attorney from court security screening measures. In House (no committee).

New Jersey SB 264 Provides that while each county must provide “suitable courtrooms”, it is the county governing body that shall have final authority to determine expenditures for “suitably” securing courtrooms. In Senate Judiciary Committee.

New Jersey SB 652 Creates Court Security Enhancement Fund financed by increase of $5 to most court fees, assessments and penalties, to provide a continuous source of funding to assist counties and municipalities in providing and maintaining safe and secure court facilities. In Senate Judiciary Committee.

New York AB 3385 Provides a $5 fee to cover security costs in justice courts. Carried over from 2011 session.

New York AB 7325 Allows for a justice court to use money collected through a $10 surcharge to provide for additional security equipment and personnel. Carried over from 2011 session.

New York SB 5177 Allows for a justice court to use money collected through a $10 surcharge to provide for additional security equipment and personnel. Carried over from 2011 session.

Oklahoma SB 626 Repeals requirement that counties provide the courts attendants, fuel, lights and stationery, electricity, water, other utilities, toilet facilities and janitorial service, suitable and sufficient for the transaction of court business in such facilities. Provides county shall not be responsible for providing security, telephone, and utility service for the county courthouse or any annex thereto without an agreement with the Administrative Director of the Courts providing that the county will be reimbursed from the court fund for such services. Carried over from 2011 session.

Oregon HB 4163 Changes title of “court security officer” to “judicial security marshal” and “court security personnel” to “judicial security personnel.” Requires Department of Public Safety Standards and Training to certify individual members of judicial security personnel upon request of Security and Emergency Preparedness Office of Judicial Department, at office’s expense. In House Judiciary Committee.

Tennessee HB 1801 Clarifies that deputy sheriffs assigned to courthouse security are not required to be certified by the state’s peace officer standards and training commission but are not required to be. Carried over from 2011 session.

Tennessee SB 1755 Clarifies that deputy sheriffs assigned to courthouse security are not required to be certified by the state’s peace officer standards and training commission but are not required to be. Carried over from 2011 session.

Virginia HB 683 Increases from $10 to $15 the maximum sum that may be assessed as part of the costs in each criminal or traffic case in district or circuit court in which the defendant is convicted of a violation of any statute or ordinance, to be used to pay for courthouse and courtroom security. Tabled in House Courts of Justice, Civil Subcommittee 1/18/12.

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Bans on court use of sharia/international law: Introduced in Mississippi and Kentucky, advancing in Florida & South Dakota, dying in Virginia

February 13th, 2012

This post has been updated. Click here.

The two weeks since my last update in this area have been particularly busy. Of note:

  • Mississippi’s introduction of HB 2 and Kentucky’s HB 386 brings to 22 (versus 24 states in 2011) the number of states to have a bill banning the use of international law/sharia by state courts in 2012
  • South Dakota has heavily modified their bills and achieved committee approval with a single sentence statute: “No court, arbitrator, administrative agency, or other adjudicative mediation or enforcement authority may render any judgment predicated on any religious code or enforce any provisions of any religious code.”
  • Virginia’s bans, while initially appearing to be advancing, were deferred into the 2013 legislative session.

Full roster of 36 bills introduced and their statuses after the jump.

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Bans on court use of sharia/international law: 33 bills in 20 states to start 2012; review of all efforts since 2010

January 30th, 2012

This post has been updated. Click here.

2012 marks the third year in a row to see major legislative efforts to ban state courts from using sharia or international law. A recap:

2010

Write up of all 2010 efforts here

2010 saw three efforts make their way out of their respective legislatures. The Oklahoma constitutional amendment would never take force, having been struck down by a federal district court, a determination upheld by the Court of Appeals for the Tenth Circuit in January 2012.

  • Louisiana HB 785 & SB 460: “Foreign law” means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the states or territories of the United States…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the United States.
  • Oklahoma HJR 1056 (Constitutional Amendment): Prohibits the courts to “look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider Sharia Law or international law.” Requires courts adhere only to the U.S. & Oklahoma Constitutions, federal and state law and regulations, and where necessary the laws and regulations of another state.
  • Tennessee HB 3768 & SB 3740: Defines “law, legal code, or legal system” means a law, legal code, or legal system used or applied in any jurisdiction outside of Tennessee, including any foreign state, jurisdiction, country or territory of the United States…Notwithstanding any law to the contrary, and subject to provisions of superseding federal treaties, any otherwise enforceable contract which incorporates any substantive or procedural law, legal code or legal system of another state, foreign jurisdiction or foreign country that would violate rights and privileges granted under the United States or Tennessee Constitution is declared to be against public policy of this state and is unenforceable in this state.

2011

Write up of all 2011 efforts here

Despite having far more bills introduced in 2011 than in 2010, there was only one such piece of legislation enacted

  • Arizona HB 2064 Defines “foreign law” as “any law, rule or legal code or system other than the constitution, laws and ratified treaties of the united states and the territories of the united states, or the constitution and laws of this state….a court, arbitrator, administrative agency or other adjudicative, mediation or enforcement authority shall not enforce a foreign law if doing so would violate a right guaranteed by the constitution of this state or of the united states or conflict with the laws of the united states or of this state.”

2012

15 sharia/international law bans were carried over from the 2011 session. Combined with 18 newly introduced bills this puts the issue front and center for the 2012 sessions. Already there has been activity, with the Florida Senate Judiciary Committee giving its approval to a ban.

Full roster of 33 bills introduced in 2012 in 20 states and their statuses after the jump.

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