Posts Tagged ‘North Carolina’

Bans on court use of sharia/international law: showdown vote in Michigan set for after November election

October 4th, 2012

Few if any state legislatures are in session, but one of those few is Michigan and that state’s House is set to come back into session November 27 to decide the fate of a bill that would ban the use of international law by the state’s judiciary.

Under Michigan  HB 4769 and SB 701

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.

After initial bad press and rallies where the bills were introduced earlier this year the bills remained in their respective committees. However the House journal indicates a notice for a motion to discharge HB 4769 from the House Committee on Judiciary was filed by the bill’s primary sponsor September 11 and the motion made September 12. The vote on the motion was postponed until November 27, 2012.

Full roster of 41 bills introduced and their statuses after the jump.
» Read more: Bans on court use of sharia/international law: showdown vote in Michigan set for after November election

Bans on court use of sharia/international law: signed into law in Kansas, sent to study committee in New Hampshire, still technically alive in MI, NC, PA, & SC

May 29th, 2012

There were only two pieces of activity since the May 14 update:

  • New Hampshire’s Senate approved May 16 on a voice vote its Judiciary Committee’s recommendation to send (HB 1422) to an interim study committee, effectively killing the bill for 2012.
  • In Kansas, that state’s governor signed SB 79 on May 21. News reports are here, prior blog posts detailing provisions (including an attempt to tie it to Citizens United) here and here.

With adjournments already having occurred, and with Missouri set to formal adjourn May 30 (they informally adjourned May 18), only 4 states even have the theoretically potential to advance such legislation in 2012 (barring special sessions):

  • Michigan HB 4769 / SB 701: the legislature is likely not to formally adjourn sine die, thus the legislation remains at least technically alive until a new legislature is sworn-in sometime in 2013.
  • North Carolina HB 640: Legislation carries over from odd-numbered to even-numbered years and the legislature is now back in session as of May 16.
  • Pennsylvania HB 2029: the legislature is likely not to formally adjourn sine die, thus the legislation remains at least technically alive until a new legislature is sworn-in sometime in 2013.
  • South Carolina HB 3490 / SB 444: Adjournment is June 7, however neither bill has advanced out of committee since being introduced in early 2011.

Full roster of 41 bills introduced and their statuses after the jump.
» Read more: Bans on court use of sharia/international law: signed into law in Kansas, sent to study committee in New Hampshire, still technically alive in MI, NC, PA, & SC

Will North Carolina kill off its Courts Commission?

May 25th, 2012

A variety of states have joint commissions or committees, made of members of the judiciary along with legislators and in some cases executive branch appointees, to examine issues related to the courts. Examples include Virginia’s Committee on District Courts (14 members include 8 legislators) and Indiana’s Commission on Courts (13 members include 8 legislators).

North Carolina’s version, the Courts Commission (28 members: 7 appointed by the Governor, 7 appointed by the Chief Justice, and 14 legislators) has been in place since the 1980s but may end under legislation just introduced. SB 851, entitled the Boards & Commissions Efficiency Act of 2012, would repeal the authorizing legislation for the Commission.

The bill is currently pending before the Senate Committee on Program Evaluation.

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

This post has been updated. Click here.

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

Merit selection: comprehensive state-by-state review of efforts to create systems

April 11th, 2012

Yesterday I looked at efforts to get rid of or modify existing merit selection systems in the 30 states that have them for initial and/or interim judicial vacancies. Today, I’ll be looking at the efforts to get them into places/states that do not already have them created by constitutional provision or statute. Several states use “merit selection” entirely as the result of governors’ creating nomination panels; because these don’t involve the legislature I will not focus on them. All information as to which states have what is from the American Judicature Society’s 2011 report “Judicial Merit Selection: Current Status” located here.

Minnesota HB 1666 / SB 1465 – These constitutional amendments would establish a merit selection system with retention elections for judges. Terms of office would be extended from six to eight years. Additionally, a judicial performance commission would be formed, which must issue in the judge’s retention election year a retention evaluation of “well-qualified,” “qualified,” or “unqualified”. There was a hearing on the House bill in May 2011 and they were carried over into the 2012 session.

This is the 5th year in a row such a bill has been considered: prior iterations made it out of committee but never advanced beyond their chambers of origin. The closet was SF 3129 of 2008 which would have taken the existing merit selection system in place to temporarily fill interim vacancies in District Court and applied it to the appellate courts. It passed 55-12 in the Senate but failed to move in the House.

North Carolina HB 325 and SB 458 – There were several hearings in 2011 on the prospect of creating some sort of merit selection system in North Carolina, but instead of using retention elections providing that the person chosen and the person not selected by the governor would face off in an election after. For a review of the hearings, check out the coverage from Gavel Grab. In terms of actual legislation the two bills were introduced in 2011 and carried over into 2012.

Pennsylvania HB 1815 / SB 843 – These constitutional amendments and their corresponding statutory changes (HB 1816 / SB 842) would create a merit selection system with Senate confirmation for the state’s 3 appellate courts. The constitutional amendments also broadly describe the composition of the merit selection commission. A hearing was conducted in November 2011 and other in March 2012.

Wisconsin SJR 42 – Submitted in September 2011 for the 2012 session, the constitutional amendment, like the Minnesota example, gave no specificity as to membership of the commission that would submit names to fill appellate court vacancies to the governor. There were no hearings on the bill and it died when the legislature adjourned.

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

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

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

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

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.