Posts Tagged ‘Pennsylvania’

Pennsylvania House Judiciary Committee votes on merit selection May 22

May 17th, 2012

With the recent activity to change merit selection for Missouri’s appellate courts and end it for Tennessee’s, Pennsylvania appears set to hold its first vote on adopting it for its top courts.

The latest House Committee Notices indicate a vote on May 22 for on proposed constitutional amendment HB 1815 and its implementing statutory language HB 1816 in the House Judiciary Committee (prior discussion on the legislation here, here, and here).

If adopted, the proposal would have to be re-approved by the legislature elected in November 2012 before appearing on the ballot.

Bans on court use of sharia/international law: Killed in Alabama, legislatively approved in Kansas, withdrawn in New Jersey, sent to study committee in New Hampshire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May 10: New Jersey’s AB 919, which the author had previously noted would be withdrawn, was formally removed from the legislature.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» Read more: Bans on court use of sharia/international law: Killed in Alabama, legislatively approved in Kansas, withdrawn in New Jersey, sent to study committee in New Hampshire

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

State legislatures grappling with filing of false liens on judges and court staff

February 20th, 2012

The 1990s saw a series of efforts by disgruntled litigants using so-called “common law courts” to file liens with county recorders on the property of judges and court staff. At the federal level, the Court Security Improvement Act of 2007 expanded penalties for retaliating against a federal judge or clerk/staff by false claim or slander of title (18 USC 1521).

In recent years, many of the same practices launched against state judges and court staff in the 90s have returned with new vigor. As a result, several state legislatures have sought to enact prohibitions on such practices or enhance their existing provisions.

Alabama HB 17 / SB 64 / SB 225 Creates crime of offering a false instrument for recording against a public servant. Allows a public servant to request to remove a false instrument that has been filed against the public servant to be removed to circuit court and be expedited.

Alabama HB 99 Creates several new crimes with respect to sham legal processes against public servants, including judges and court staff. Creates crimes of:

  • impersonating a state or local official or employee or a law enforcement officer in connection with sham legal process
  • falsely asserting authority of state law in connection with sham legal process
  • acting, without authority, as a judge, magistrate, hearing officer, juror, clerk of court, or any other official with the authority to adjudicate the rights or interests of another, or to sign a document in this capacity as if authorized by state law
  • falsely asserting authority of law in an attempt to intimidate or hinder a state or local official or employee or a law enforcement officer in the discharge of official duties by means of threats, harassment, physical abuse, or the use of sham legal process.

Georgia HB 997 Provides for the new crime of false lien statements against public officers, including all judges, or public employees, including every person employed by the judicial branch. (Hearing 2/22/12)

Indiana SB 382 Makes it a Class D felony for a person to file a false lien or a false encumbrance against a public servant’s real or personal property.

Nebraska LB 982 Changes the powers of the Secretary of State regarding the removal of fraudulent (or believed to be fraudulent) financing statements. Allows those affected by a fraudulent statement to recover damages from the person responsible for the fraudulent statement. Expands definition of a fraudulent statement.

Pennsylvania SB 50 Creates crimes of simulated legal process, impersonating public official or legal tribunal, and hindering public official related to filing of false liens and similar items against judges and others.

Pennsylvania becomes fourth legislature this year to consider public financing of judicial races

February 17th, 2012

I noted last month that legislatures in Kentucky, Ohio, and Wisconsin were considering establishing (or, in the case of Wisconsin, reestablishing) public financing of at least some judicial races. Now, Pennsylvania joins the list of states considering such a move.

Under HB 2193, introduced earlier this week, the Pennsylvania Fair Campaign Fund would be created to publicly finance races for the state’s appellate courts (Supreme, Superior, and Commonwealth). Funds would come from a) $3 tax return check offs, b) a fee up to $50 on attorneys and c) if the other two sources are insufficient, general revenue funds. Candidates who collect $45,000, of which 350 contributions must be in amounts of at least $10, would be eligible for funding up to $100,000 for primaries and $200,000 for general elections (whether head-to-head partisan or retention elections). Additional “rescue” funds would be made available if a third party attacks the candidate.

The bill is currently pending in the Pennsylvania House State Government committee.

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.