Gavel to Gavel » West Virginia

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

Bill Raftery — Mon, 30 Jan 2012 14:00:23 +0000

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.

Bill	Provisions	Status
Alaska HB 88	Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution.	Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Carried over from 2011 session.
Alabama SB 33 (Constitutional Amendment)	Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”	In Senate Committee on Judiciary.
Alabama SB 40 (Constitutional Amendment)	Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”	In Senate Judiciary Committee.
Alabama SB 84 (Constitutional Amendment)	Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”	In Senate Committee on Judiciary.
Florida HB 1209	Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.”	In House Judiciary Committee, Civil Justice Subcommittee.
Florida SB 1360	Provides “foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside any state or territory of the United States, including, but not limited to, international organizations or tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Provides the term does not include the common law and statute laws of England as described or any laws of the Native American tribes in the state. Declares “Any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that does not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges guaranteed by the State Constitution or the United States Constitution.”	Approved by Senate Judiciary Committee 1/25/12.
Georgia HB 45	Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal 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.”	In House Committee on Judiciary. Carried over from 2011 session.
Georgia HB 242	Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal 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.”	In House Committee on Judiciary Non-Civil. Carried over from 2011 session.
Georgia SB 51	Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States	In Senate Committee on the Judiciary. Carried over from 2011 session.
Indiana HB 1166	Provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the United States Constitution or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement: (1) that provides for the choice of foreign laws in its interpretation; or (2) that provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or privilege guaranteed by the United States Constitution or the Constitution of the State of Indiana is void and unenforceable. Prohibits a court from granting certain motions if the transfer is likely to affect the constitutional rights of the nonmoving party. Provides that a court may not require or authorize any court to: (1) adjudicate or prohibit a religious organization from adjudicating ecclesiastical matters; or (2) determine or interpret the doctrine of a religious organization.	In House Committee on Judiciary.
Indiana SB 36	Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement calling for the application of foreign law is not enforceable and is void if the provision cannot be modified, unless the contract explicitly states that it will be enforced in accordance with foreign law. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party.	In Senate Committee on Judiciary.
Indiana SB 90	Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement between natural persons calling for the application of foreign law is not enforceable and is void if the provision cannot be modified. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party.	In Senate Committee on Judiciary.
Iowa HB 489	Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.”	In House Judiciary Committee. Carried over from 2011 session.
Iowa HB 575	Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.”	In House State Government Committee. Carried over from 2011 session.
Iowa HJR 14 (Constitutional Amendment)	Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.”	In House Judiciary Committee. Carried over from 2011 session.
Kansas HB 2087	Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.”	Approved by full House 3/30/11. In Senate Committee on Judiciary. Carried over from 2011 session.
Michigan HB 4769	Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “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.”	In House Committee on Judiciary.
Michigan SB 701	Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “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.”	In Senate Committee on Government Operations.
Nebraska LB 647	Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska.	In Senate Judiciary Committee. Carried over from 2011 session.
Indiana HB 1166	Provides that a court may not apply, enforce, or grant comity, res judicata, claim preclusion, or issue preclusion to a foreign law, ruling, or judgment if doing so would violate the fundamental liberties, rights, and privileges guaranteed by the United States Constitution or the Constitution of the State of Indiana. Provides that a provision in a contract or agreement: (1) that provides for the choice of foreign laws in its interpretation; or (2) that provides for the choice of venue or forum; and that would result in a violation of a fundamental liberty, right, or privilege guaranteed by the United States Constitution or the Constitution of the State of Indiana is void and unenforceable. Prohibits a court from granting certain motions if the transfer is likely to affect the constitutional rights of the nonmoving party. Provides that a court may not require or authorize any court to: (1) adjudicate or prohibit a religious organization from adjudicating ecclesiastical matters; or (2) determine or interpret the doctrine of a religious organization.	In House Committee on Judiciary.
Indiana SB 36	Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement calling for the application of foreign law is not enforceable and is void if the provision cannot be modified, unless the contract explicitly states that it will be enforced in accordance with foreign law. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party.	In Senate Committee on Judiciary.
Indiana SB 90	Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States Constitution. Provides that a provision in a contract or agreement between natural persons calling for the application of foreign law is not enforceable and is void if the provision cannot be modified. Prohibits a court from granting certain motions to transfer a case to another jurisdiction if the transfer is likely to affect the constitutional rights of the nonmoving party.	In Senate Committee on Judiciary.
Missouri HB 1512	Provides court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions, including, but not limited to, due process, freedom of religion, speech, or press, and any right of privacy or marriage as specifically defined by the constitution of this state.	In House (no committee).
Missouri SB 676	Mandates that any court, arbitration, tribunal, or administrative agency ruling shall be unenforceable if based on a foreign law that does not grant the parties the same rights as the parties have under the United States and Missouri constitutions.	In Senate (no committee).
New Hampshire HB 1422	Declares that no New Hampshire court shall enforce foreign law or a state law enforcing foreign law if such enforcement violates an individual’s or corporation’s rights under the New Hampshire constitution or the United States Constitution.	In House Committee on Judiciary.
North Carolina HB 640	Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.”	In House Committee on Judiciary Subcommittee C. Carried over from 2011 session.
New Jersey AB 919	Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America.	In Assembly Judiciary Committee.
New Mexico SJR 14 (Constitutional Amendment)	Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.”	In Senate Rules Committee.
Oklahoma HB 1552	Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions.	Approved by full House 3/17/11. In Senate Rules Committee. Carried over from 2011 session.
Pennsylvania HB 2029	Provides a tribunal shall not consider a foreign legal code or system which does not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States Constitution and the Constitution of Pennsylvania.	In House Judiciary Committee. Carried over from 2011 session.
South Carolina HB 3490	Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.”	In House Judiciary Committee. Carried over from 2011 session.
South Carolina SB 444	Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.”	In Senate Judiciary Committee. Carried over from 2011 session.
South Dakota SB 136	Provides any ruling or decision that makes use of international or foreign law is void and unenforceable if the court bases its ruling or decision in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and South Dakota, including due process of law, freedom of religion, speech, or press, and any right of privacy or marriage as specifically provided by the constitution of this state. Foreign law, legal code, or system is any foreign law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals. Specifies the term foreign law does not include any tribal laws of the Native American tribes in the state.	In Senate Judiciary Committee.
Virginia HB 631	Provides that court decisions and contracts and other agreements will be void as violative of the public policy of the Commonwealth where such decisions or contracts are based on foreign law, i.e., law applied in a jurisdiction outside of the United States, where the application of such foreign law would violate a person’s rights guaranteed by the United States Constitution or the Constitution of Virginia.	In House Committee for Courts of Justice.
Virginia HB 825	Prohibits any Virginia court or administrative agency from applying the law of any jurisdiction outside of the United States and its territories unless the application is required by the United States Constitution, the Constitution of Virginia, or any federal or state law.	In House Committee for Courts of Justice.
West Virginia HB 3220	Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.”	In House Judiciary Committee. Carried over from 2011 session.

West Virginia considers creating an intermediate appellate court, Virginia considers getting rid of theirs

Bill Raftery — Fri, 27 Jan 2012 17:48:50 +0000

Of the 50 U.S. states, 40 have an intermediate appellate court (IAC), generally (but not always) called the “Court of Appeals”. Two states have been actively trying to get their own IACs. The first, Nevada, has been trying for decades but has been unable to get voter support for a constitutional amendment to create or allow the legislature to create such a court. A fourth attempt is currently in the works.

The other state is West Virginia. Creation of an IAC (tentatively entitled the “Intermediate Court of Appeals”) has bounced around the legislature since at least 1999 (HB 3008 of 1999; HB 200B of Second Special Session of 2003) but picked up a great deal of attention in 2010 (HB 3269; HB 4619; SB 589; SB 645) and 2011 (HB 3150; HB 3165) with the state’s senate approving one version (SB 307) that has been reintroduced as part of a larger “Civil Justice Reform Act” in 2012 (SB 420). Under this bill, “all appeals shall be reviewed and a written decision on the merits issued by either the Supreme Court or Intermediate Court as a matter of right except for [certain appeals as specified in statute]…”

Meanwhile, in the name of cost savings, the Commonwealth of Virginia is considering abolishing their IAC. Under SB 630 the current Court of Appeals would end effective October 2012. According to the blog of the Virginia Lawyers’ Weekly, the change would keep the current judges in their respective offices until the end of their terms, but with no apparent work to do after October of this year. The prime sponsor told the VLW Blog “when the state is cutting services to children the judiciary ought not be immune from the budget ax” and criticized the court for having in his view few if any judges with experience in criminal, domestic or workers compensation practice prior to selection to the court.

Will West Virginia magistrate court judges have to possess a college degree?

Bill Raftery — Mon, 23 Jan 2012 19:57:36 +0000

West Virginia is one of only a few states which has a Magistrate’s Court with judicial officers named Magistrates (as opposed to many states in which magistrates are quasi- or subordinate judicial officers appointed by judges).

Current West Virginia law (§50-1-4) requires only that those seeking to be elected a Magistrate Judge have “a high school education or its equivalent.”

Several attempts have been made in the last three years to increase that minimum education requirement, with odds looking promising for 2012.

In 2009, HB 2840 and SB 609 would have required all magistrates have a baccalaureate degree from an accredited college or have four years of experience as a magistrate. Neither advanced out of committee.

In 2010, SB 495 repeated the 4-year-degree or 4-years-experience language of the 2009 bills and like them failed to advance. HB 4292 set a different standard and fared better. Under it, new magistrates would have to have a bachelor’s degree or two years’ experience. Those already holding office could remain as magistrates under the old high-school-only requirement. That plan advanced through the House but died in the Senate.

2011 saw a flurry of activity. The session started with a plan (HB 2540 and SB 195) to allow for three options for new magistrates:

A bachelor degree from an accredited college
An associate’s degree in criminal justice from an accredited college, or
A minimum of four years of experience as a magistrate

Current magistrates with only a high school education could remain in office. This plan met with Senate approval and House committee approval, but died on the House floor. Additionally, SB 412 added yet a fourth option: 10 years of certified experience as a law enforcement officer. It went nowhere.

Coming into 2012, SB 108 picks up where HB 2540 / SB 195 of 2011 left off and is currently assigned to the Senate Judiciary Committee.

West Virginia Interim Joint Standing Committee on the Judiciary meets December 12-14, will examine family law

Bill Raftery — Tue, 13 Dec 2011 18:06:58 +0000

The West Virginia Legislature’s December interim meetings are being held this week, including the Joint Standing Committee on the Judiciary and its three subcommittees.

Topics to be discussed include:

December 12

Subcommittee C: Presentations of draft legislation relating to disability of elected officials & creation of the office of Lieutenant Governor

Subcommittee A: Public Safety and Offender Accountability Act

December 13

Subcommittee B: Family Law

December 14

Subcommittee C: Deer Farming

Full Committee: Reports of the subcommittees, plus construction of correctional facility & bill relating to rule-making process

Bans on court use of sharia/international law: Pennsylvania bill introduced

Bill Raftery — Mon, 28 Nov 2011 15:57:08 +0000

Welcome New York Times readers!

Welcome Post-Gazette readers!

Since the last update of this list in October, one piece of legislation has been introduced. Pennsylvania’s HB 2029 bans court references to any “foreign legal code or system” if doing so would impair constitutional rights.

Full roster of 2010 bills are available. 2011 and 2012 bills after the jump.

2012

Bill	Provisions	Status
Alabama SB 33 (Constitutional Amendment)	Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”	Prefiled. In House Committee on Judiciary.

2011

Bill	Provisions	Status	Carryover in 2012?
Alabama HB 597 (Constitutional Amendment)	Provides “the courts…when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Alabama of 1901, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Code of Alabama 1975, and rules promulgated thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.”	Died in House Committee on Judiciary when legislature adjourned.	No
Alabama HB 607 (Constitutional Amendment)	Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”	Died in House Committee on Judiciary when legislature adjourned.	No
Alabama SB 61 (Constitutional Amendment)	Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”	Approved by Senate Committee on Judiciary 3/24/11. Died on Senate floor when legislature adjourned.	No
Alabama SB 62 (Constitutional Amendment)	Provides Alabama courts “when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Alabama of 1901, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Code of Alabama 1975, and rules promulgated thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.”	Approved by Senate Committee on Judiciary 3/24/11. Died on Senate floor when legislature adjourned.	No
Alaska HB 88	Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution.	Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Died in House Finance Committee when legislature adjourned.	Probably
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.”	Signed into law by governor 4/12/11.	No
Arizona HB 2582	Enacts the “Arizona Foreign Decisions Act” Declares the acceptance of Arizona into the Union was a “compact”. Declares “Congress has no authority to preempt state regulation of state courts.” Prohibits courts from implementing, referring or incorporating or using “a tenet of any body of religious sectarian law” and specifically includes sharia law, canon law, halacha and karma, but exempts decisions based on Anglo-American legal tradition, laws or case law from Great Britain prior enactment of the statute, or the definition of marriage as between one man and one woman, “and the principles on which the United States was founded.” Prohibits use of any case law or statute from a non-U.S. jurisdiction or “foreign body”, including the United Nations. Decisions that make use of a body of religious sectarian law or foreign law declared void and usages declared to be grounds for impeachment. Declares these provisions apply to Federal courts sitting in diversity jurisdiction. Requires any court that construes this statute must do so in a way to confine the power of Congress and the federal judiciary.	Approved by House Judiciary Committee 2/17/11. Died in House Rules Committee when legislature adjourned.	No
Arizona HCR 2033 (Constitutional Amendment)	Provides state’s courts shall not consider, enforce or otherwise incorporate into any decision on the merits the legal precepts of other nations or cultures that run counter to the laws of this state unless expressly ratified by bicameralism and presentment in the state legislature or duly ratified as a treaty by the Senate of the United States. Provides state courts shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of this state, The United States Code, federal regulations adopted pursuant to the United States code, established common law, the laws of this state and rules adopted pursuant to the laws of this state and, if necessary, the laws of another state of the United States provided the law of the other state does not incorporate directly or by reference international law or the precepts of nations or cultures.	Died in House when legislature adjourned.	No
Arizona SCR 1010 (Constitutional Amendment)	Requires courts, when making judicial decisions, to uphold and adhere to the laws of the U.S. Constitution, Arizona Constitution, U.S. Code, Federal regulations, established common law, Arizona laws and rules and if necessary, the laws of another state within the U.S. provided the laws in the other state do not include international law. Prohibits Arizona courts from considering international law or legal precepts of other nations or cultures when making judicial decisions.	Died in Senate Committee on Judiciary when legislature adjourned.	No
Arkansas SJR 10 (Constitutional Amendment)	(Placeholder bill) Declares “The purpose of this Senate Joint Resolution is to amend the Arkansas Constitution concerning the application of foreign laws, legal codes, or systems for the purpose of protecting rights and privileges granted under the United States Constitution and the Arkansas Constitution.”	Died in Senate Committee on State Agencies and Governmental Affairs when legislature adjourned.	No
Arkansas SB 97	Prohibits any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Arkansas Constitution	Died in Senate Committee on Judiciary when legislature adjourned.	No
Florida HB 1273	Defines term “foreign law, legal code, or system”; specifies public policy of this state in applying choice of foreign law, legal code, or system. Declares that certain decisions rendered under such laws, codes, or systems are void.	Indefinitely postponed and withdrawn from consideration 5/7/11.	No
Florida SB 1294	Specifies the public policy of this state in applying the choice of a foreign law, legal code, or system under certain circumstances. Declares that certain decisions rendered under such laws, codes, or systems are void.	Approved by Senate Judiciary Committee 4/4/11. Indefinitely postponed and withdrawn from consideration 5/7/11.	No
Georgia HB 45	Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal 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.”	Died in House Committee on Judiciary when legislature adjourned.	Probably
Georgia HB 242	Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal 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.”	Died in House Committee on Judiciary Non-Civil when legislature adjourned.	Probably
Georgia SB 51	Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States	Died in Senate Committee on the Judiciary when legislature adjourned.	Probably
Indiana HB 1078	Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution.	Died in House Committee on Judiciary when legislature adjourned.	No
Indiana SB 298	Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution.	Died in Senate Committee on Judiciary when legislature adjourned.	No
Indiana SB 520	Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution.	Approved by full Senate 2/17/11. Died in House Committee on Judiciary when legislature adjourned.	No
Indiana SJR 16 (Constitutional Amendment)	Provides a court may not enforce a law, rule, or legal code or system established and either used or applied in a jurisdiction outside the states of the United States, the District of Columbia, or the territories of the United States if doing so would violate a right guaranteed by this constitution or the Constitution of the United States.	Died in Senate Committee on Judiciary when legislature adjourned.	No
Iowa HB 489	Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.”	Died in House Judiciary Committee when legislature adjourned.	Probably
Iowa HB 575	Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.”	Died in House State Government Committee when legislature adjourned.	Probably
Iowa HJR 14 (Constitutional Amendment)	Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.”	Died in House Judiciary Committee when legislature adjourned.	Probably
Kansas HB 2087	Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.”	Approved by full House 3/30/11. Died in Senate Committee on Judiciary when legislature adjourned.	Probably
Maine HB 811	Provides “”foreign law, legal code or system” means any law, legal code or legal system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, that is applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals…The primary factor that a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law must consider in granting comity to a decision rendered under a foreign law, legal code or legal system against a natural person in this State is whether the decision rendered either violated or would violate any right of the natural person in this State guaranteed by the Constitution of Maine or the United States Constitution or any statute or decision under those constitutions.”	Rejected by Joint Committee on Judiciary 5/25/11.	No
Michigan HB 4769	Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “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.”	In House Committee on Judiciary.	Probably
Michigan SB 701	Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “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.”	In Senate Committee on Government Operations.	Probably
Mississippi HB 301	Prohibits courts from enforcing a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.	Died in House Judiciary A Committee when legislature adjourned.	No
Mississippi HB 525	Provides “”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.”	Died in House Judiciary A Committee when legislature adjourned.	No
Missouri HB 708	Provides any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and shall be void and unenforceable if such court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of this state and the United States.	Approved by full House 4/20/11. Died on House Informal Calendar when legislature adjourned.	No
Missouri HB 768	Defines “foreign law” as “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.” Provides “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.”	Died in House Judiciary Committee when legislature adjourned.	No
Missouri HJR 31 (Constitutional Amendment)	Provides state courts “when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Missouri, the United States Code, federal regulations promulgated pursuant thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts, including but not limited to cases of first impression.”	Died in House Judiciary Committee when legislature adjourned.	No
Missouri SB 308	Defines “”foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…Any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions.”	Approved by Senate Judiciary and Civil and Criminal Jurisprudence Committee 4/28/11. Died on Senate floor when legislature adjourned.	No
Nebraska LB 647	Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska.	Died in Senate Judiciary Committee when legislature adjourned.	Probably
New Mexico SJR 18 (Constitutional Amendment)	Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.”	Died in Senate Rules Committee when legislature adjourned.	No
New Jersey AB 3496	Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America.	Carried over from 2011 session. In House Judiciary Committee. Carried over into 2011 session.	No
North Carolina HB 640	Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.”	Died in House Committee on Judiciary Subcommittee C when legislature adjourned.	Possibly
Oklahoma HB 1552	Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions.	Approved by full House 3/17/11. Died in Senate Rules Committee when legislature adjourned.	Probably
Pennsylvania HB 2029	Provides a tribunal shall not consider a foreign legal code or system which does not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States Constitution and the Constitution of Pennsylvania.	In House Judiciary Committee	Yes
South Carolina HB 3490	Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.”	Died in House Judiciary Committee when legislature adjourned.	Probably
South Carolina SB 444	Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.”	Died in Senate Judiciary Committee when legislature adjourned.	Probably
South Dakota HJR 1004 (Constitutional Amendment)	Provides no South Dakota state court may apply international law, the law of any foreign nation, or any foreign religious or moral code with the force of law in the adjudication of any case under its jurisdiction.	Tabled by Senate Judiciary Committee 2/17/11.	No
South Dakota SB 201	Declares “foreign law, legal code, or system, means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…Any court, arbitration, tribunal, or administrative agency ruling or decision is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and the State of South Dakota.”	Deferred to 41st legislative day (i.e. killed) by Senate Commerce and Energy Committee 2/16/11.	No
Texas HB 274	AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”	Approved as amended by full House 5/10/11. 4/18/11. Removed by Senate State Affairs Committee 5/23/11.	No
Texas HB 911	AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”	Approved as amended by House Committee on Judiciary & Civil Jurisprudence 4/18/11. Died in House Calendars Committee when legislature adjourned.	No
Texas HB 999	Declares “”foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”	Died in House State Affairs Committee when legislature adjourned.	No
Texas HB 1240	Declares “”foreign or international law or doctrine” means a law, rule, legal code, or principle of a jurisdiction outside of the states and territories of the United States, including international law, that is not codified or recognized by this state or the United States…A court, arbitrator, or administrative adjudicator may not base a ruling or decision on a foreign or international law or doctrine; or a prior ruling or decision that was based on a foreign or international law or doctrine.”	Approved by House Select Committee on State Sovereignty 5/10/11. Died in House Calendars Committee when legislature adjourned.	No
Texas HB 3027	Declares “”foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”.	Died in House Committee on Judiciary & Civil Jurisprudence when legislature adjourned.	No
Texas HJR 57 (Constitutional Amendment)	Provides “A court of this state shall uphold the laws of the Constitution of the United States, this Constitution, federal laws, and laws of this state. A court of this state may not enforce, consider, or apply any religious or cultural law.”	Died in House State Affairs Committee when legislature adjourned.	No
Texas HB 79A (Special Session)	AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”	Approved as amended by full House 6/22/11. Removed by Senate Jurisprudence Committee 6/27/11.	No
West Virginia HB 3220	Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.”	Died in House Judiciary Committee when legislature adjourned.	Possibly
Wyoming HJR 8 (Constitutional Amendment)	Prohibits court use of sharia law. Prohibits Wyoming courts from referencing law of other U.S. states if law of the other state does include sharia law. Requires Wyoming courts uphold and adhere to the law as provided in the constitution of the United States, the Wyoming constitution, the United States Code and federal regulations promulgated pursuant thereto, laws of this state, and established common law as specified by legislative enactment. Prohibits courts from considering the legal precepts of other nations or cultures including, without limitation, international law and Sharia law.	Died in House Judiciary Committee when legislature adjourned.	No

West Virginia Interim Joint Standing Committee on the Judiciary met November 14-16

Bill Raftery — Wed, 16 Nov 2011 20:56:24 +0000

The West Virginia Legislature’s November interim meetings were held this week, including the Joint Standing Committee on the Judiciary and its three subcommittees.

Topics discussed included:

November 14

Subcommittee C: Presentations of draft legislation relating to disability of elected officials & creation of the office of Lieutenant Governor

Subcommittee B: Bullying

November 15

Subcommittee C: Discussion and further consideration of draft legislation relating to the rule-making process

Subcommittee A: Unknown (no online agenda)

November 16

Full Committee: Reports of the subcommittees

West Virginia Interim Joint Standing Committee on the Judiciary meets October 11-13

Bill Raftery — Tue, 11 Oct 2011 20:21:56 +0000

The West Virginia Legislature’s October interim meetings are being held this week, including the Joint Standing Committee on the Judiciary and its three subcommittees. Topics to be discussed include:

October 11

Subcommittee C (morning): Discussion of possible revision to rule-making as it pertains to WV Department of Health and Human Resources

Subcommittee C (afternoon): Presentation of draft legislation relating to autism

October 12

Subcommittee A: Recommendations relating to substance abuse; interstate group that the Controlled Substance Monitoring Program has joined

Subcommittee B: Bullying and NJ Bullying Bill of Rights

October 13

Full Committee: Reports of the subcommittees

Bans on court use of sharia/international law: list of all bills since 2010, new 2011 Michigan bill, first 2012 bill prefiled

Bill Raftery — Mon, 03 Oct 2011 15:27:57 +0000

This post has been updated. Click here.

Since the last update of this list in August, two pieces of legislation have been introduced. Michigan’s SB 701 appears to be the Senate version of HB 4769, which has gone nowhere since its June introduction.

The other bill is Alabama SB 33 of 2012, a prefiled bill for the next session. SB 33 of 2012 is a constitutional amendment that looks more like HB 607 / SB 61 than HB 597 / SB 62 in that it does not specifically mention “sharia”.

It should be noted that at least some 2011 bills will make a return in 2012; roughly half of states allow bills to be “carried over” from one session to the next. Definitive answers as to which bills will return will be available as the legislatures come back into session in January.

Full roster of bills going back to 2010 after the jump.

2012

Bill	Provisions	Status
Alabama SB 33 (Constitutional Amendment)	Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”	Prefiled. In House Committee on Judiciary.

2011

Bill	Provisions	Status	Carryover in 2012?
Alabama HB 597 (Constitutional Amendment)	Provides “the courts…when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Alabama of 1901, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Code of Alabama 1975, and rules promulgated thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.”	Died in House Committee on Judiciary when legislature adjourned.	No
Alabama HB 607 (Constitutional Amendment)	Enacts American and Alabama Laws for Alabama Courts Amendment. Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”	Died in House Committee on Judiciary when legislature adjourned.	No
Alabama SB 61 (Constitutional Amendment)	Defines foreign law as “any law, rule, or legal code, or system established, used, or applied in a jurisdiction outside of the states or territories of the United States, or which exist as a separate body of law, legal code, or system adopted or used anywhere by any people, group, or culture different from the Constitution and laws of the United States or the State of Alabama.” Provides “A court, arbitrator, administrative agency, or other adjudicative, arbitrative, or enforcement authority shall not apply or enforce a foreign law if doing so would violate any state law or a right guaranteed by the Constitution of this state or of the United States.”	Approved by Senate Committee on Judiciary 3/24/11. Died on Senate floor when legislature adjourned.	No
Alabama SB 62 (Constitutional Amendment)	Provides Alabama courts “when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Alabama of 1901, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Code of Alabama 1975, and rules promulgated thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.”	Approved by Senate Committee on Judiciary 3/24/11. Died on Senate floor when legislature adjourned.	No
Alaska HB 88	Prohibits a court, arbitrator, mediator, administrative agency, or enforcement authority from applying a foreign law if application of the foreign law would violate an individual’s right guaranteed by the Constitution of the State of Alaska or the United States Constitution.	Approved by House State Affairs Committee 3/17/11. Approved by House Judiciary Committee 4/4/11. Died in House Finance Committee when legislature adjourned.	Probably
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.”	Signed into law by governor 4/12/11.	No
Arizona HB 2582	Enacts the “Arizona Foreign Decisions Act” Declares the acceptance of Arizona into the Union was a “compact”. Declares “Congress has no authority to preempt state regulation of state courts.” Prohibits courts from implementing, referring or incorporating or using “a tenet of any body of religious sectarian law” and specifically includes sharia law, canon law, halacha and karma, but exempts decisions based on Anglo-American legal tradition, laws or case law from Great Britain prior enactment of the statute, or the definition of marriage as between one man and one woman, “and the principles on which the United States was founded.” Prohibits use of any case law or statute from a non-U.S. jurisdiction or “foreign body”, including the United Nations. Decisions that make use of a body of religious sectarian law or foreign law declared void and usages declared to be grounds for impeachment. Declares these provisions apply to Federal courts sitting in diversity jurisdiction. Requires any court that construes this statute must do so in a way to confine the power of Congress and the federal judiciary.	Approved by House Judiciary Committee 2/17/11. Died in House Rules Committee when legislature adjourned.	No
Arizona HCR 2033 (Constitutional Amendment)	Provides state’s courts shall not consider, enforce or otherwise incorporate into any decision on the merits the legal precepts of other nations or cultures that run counter to the laws of this state unless expressly ratified by bicameralism and presentment in the state legislature or duly ratified as a treaty by the Senate of the United States. Provides state courts shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of this state, The United States Code, federal regulations adopted pursuant to the United States code, established common law, the laws of this state and rules adopted pursuant to the laws of this state and, if necessary, the laws of another state of the United States provided the law of the other state does not incorporate directly or by reference international law or the precepts of nations or cultures.	Died in House when legislature adjourned.	No
Arizona SCR 1010 (Constitutional Amendment)	Requires courts, when making judicial decisions, to uphold and adhere to the laws of the U.S. Constitution, Arizona Constitution, U.S. Code, Federal regulations, established common law, Arizona laws and rules and if necessary, the laws of another state within the U.S. provided the laws in the other state do not include international law. Prohibits Arizona courts from considering international law or legal precepts of other nations or cultures when making judicial decisions.	Died in Senate Committee on Judiciary when legislature adjourned.	No
Arkansas SJR 10 (Constitutional Amendment)	(Placeholder bill) Declares “The purpose of this Senate Joint Resolution is to amend the Arkansas Constitution concerning the application of foreign laws, legal codes, or systems for the purpose of protecting rights and privileges granted under the United States Constitution and the Arkansas Constitution.”	Died in Senate Committee on State Agencies and Governmental Affairs when legislature adjourned.	No
Arkansas SB 97	Prohibits any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Arkansas Constitution	Died in Senate Committee on Judiciary when legislature adjourned.	No
Florida HB 1273	Defines term “foreign law, legal code, or system”; specifies public policy of this state in applying choice of foreign law, legal code, or system. Declares that certain decisions rendered under such laws, codes, or systems are void.	Indefinitely postponed and withdrawn from consideration 5/7/11.	No
Florida SB 1294	Specifies the public policy of this state in applying the choice of a foreign law, legal code, or system under certain circumstances. Declares that certain decisions rendered under such laws, codes, or systems are void.	Approved by Senate Judiciary Committee 4/4/11. Indefinitely postponed and withdrawn from consideration 5/7/11.	No
Georgia HB 45	Provides “the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other tribunal 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.”	Died in House Committee on Judiciary when legislature adjourned.	Probably
Georgia HB 242	Declares “‘foreign law’ means any law, rule, or legal code or system established and used or applied in a jurisdiction outside of the United States or its territories…A court, administrative agency, or other tribunal 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.”	Died in House Committee on Judiciary Non-Civil when legislature adjourned.	Probably
Georgia SB 51	Provides that no court, arbitrator, administrative agency, or other tribunal shall enforce a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States	Died in Senate Committee on the Judiciary when legislature adjourned.	Probably
Indiana HB 1078	Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution.	Died in House Committee on Judiciary when legislature adjourned.	No
Indiana SB 298	Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution.	Died in Senate Committee on Judiciary when legislature adjourned.	No
Indiana SB 520	Prohibits the enforcement of a foreign law (defined as a law established and used outside the jurisdiction of the United States) if the enforcement would violate a right granted by the Indiana or United States constitution.	Approved by full Senate 2/17/11. Died in House Committee on Judiciary when legislature adjourned.	No
Indiana SJR 16 (Constitutional Amendment)	Provides a court may not enforce a law, rule, or legal code or system established and either used or applied in a jurisdiction outside the states of the United States, the District of Columbia, or the territories of the United States if doing so would violate a right guaranteed by this constitution or the Constitution of the United States.	Died in Senate Committee on Judiciary when legislature adjourned.	No
Iowa HB 489	Defines “foreign law, legal code, or system” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator, or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code, or system against a person in this state is whether the decision rendered violated any right of the person in this state guaranteed by the Constitution of the State of Iowa, the Constitution of the United States, or any statute enacted or decision issued under the constitution of the state of Iowa or the United States.”	Died in House Judiciary Committee when legislature adjourned.	Probably
Iowa HB 575	Enacts “Iowa Freedom and Sovereignty Act.” Defines “Foreign law” as “any law enacted by a jurisdiction or a governmental or quasi-governmental body other than the federal government or a state of the United States. “Foreign law” includes a religious law, legal code, accord, or ruling promulgated or made by an international organization, tribunal, or formal or informal administrative body.” Provides “any foreign law or other law that is in conflict with the principles of the Declaration of Independence, the Constitution of the United States, or the Constitution of the State of Iowa shall not have force or effect in this state…It is the public policy of this state that the only factor that a court, administrative agency, arbitrator, mediator, or other person acting under authority of this state’s laws shall consider in granting comity to a decision rendered under a foreign law that affects a sovereign citizen of this state is whether the decision violates the sovereign citizen’s rights under the Constitution of the United States or the Constitution of the State of Iowa.”	Died in House State Government Committee when legislature adjourned.	Probably
Iowa HJR 14 (Constitutional Amendment)	Provides the state courts “when exercising judicial power, shall uphold and adhere to the law as provided in the Constitution of the United States, the Constitution of the State of Iowa, the United States Code, federal regulations, established common law, the Iowa Code, the Iowa administrative code, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law. The courts shall not use the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts including but not limited to cases of first impression.”	Died in House Judiciary Committee when legislature adjourned.	Probably
Kansas HB 2087	Defines “foreign law,” “legal code” or “system” means any law, legal code or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals and applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals. Provides “Any court, arbitration, tribunal or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights and privileges granted under the United States and Kansas constitutions.”	Approved by full House 3/30/11. Died in Senate Committee on Judiciary when legislature adjourned.	Probably
Maine HB 811	Provides “”foreign law, legal code or system” means any law, legal code or legal system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, that is applied by that jurisdiction’s courts, administrative bodies or other formal or informal tribunals…The primary factor that a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law must consider in granting comity to a decision rendered under a foreign law, legal code or legal system against a natural person in this State is whether the decision rendered either violated or would violate any right of the natural person in this State guaranteed by the Constitution of Maine or the United States Constitution or any statute or decision under those constitutions.”	Rejected by Joint Committee on Judiciary 5/25/11.	No
Michigan HB 4769	Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “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.”	In House Committee on Judiciary.	Probably
Michigan SB 701	Defines “foreign law,” as “any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals.” Provides “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.”	In Senate Committee on Government Operations.	Probably
Mississippi HB 301	Prohibits courts from enforcing a foreign law if doing so would violate a right guaranteed by the Constitution of this state or of the United States.	Died in House Judiciary A Committee when legislature adjourned.	No
Mississippi HB 525	Provides “”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.”	Died in House Judiciary A Committee when legislature adjourned.	No
Missouri HB 708	Provides any court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of this state and shall be void and unenforceable if such court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of this state and the United States.	Approved by full House 4/20/11. Died on House Informal Calendar when legislature adjourned.	No
Missouri HB 768	Defines “foreign law” as “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.” Provides “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.”	Died in House Judiciary Committee when legislature adjourned.	No
Missouri HJR 31 (Constitutional Amendment)	Provides state courts “when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Constitution of Missouri, the United States Code, federal regulations promulgated pursuant thereto, and if necessary the law of another state of the United States, provided the law of the other state does not include Sharia law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this section shall apply to all cases before the respective courts, including but not limited to cases of first impression.”	Died in House Judiciary Committee when legislature adjourned.	No
Missouri SB 308	Defines “”foreign law, legal code, or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…Any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Missouri constitutions.”	Approved by Senate Judiciary and Civil and Criminal Jurisprudence Committee 4/28/11. Died on Senate floor when legislature adjourned.	No
Nebraska LB 647	Declares a court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings on any foreign law, legal code, or system that would not grant the parties affected by the ruling or decisions the same fundamental liberties, rights, and privileges granted under the United States Constitution and the Constitution of Nebraska.	Died in Senate Judiciary Committee when legislature adjourned.	Probably
New Mexico SJR 18 (Constitutional Amendment)	Provides “The courts provided for in this article, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States constitution, the constitution of New Mexico, statutes of the United States and federal regulations adopted pursuant thereto, established common law, New Mexico statutes and state regulations adopted pursuant thereto and, if necessary, the law of another state of the United States, provided that the law of the other state does not include Sharia law. The courts shall not consider or apply a rule of comity to the legal precepts of other nations or cultures, international law, laws promulgated by foreign governments or national laws of foreign countries if the consideration or application of the foreign precepts or laws would violate the public policy of the state of New Mexico or reduce or impair the rights of any resident of the state of New Mexico existing under New Mexico statutes or common law governing child custody, rights of married persons, property rights, protection from domestic violence or any criminal law. The courts shall not consider or apply Sharia law. The provisions of this section shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.”	Died in Senate Rules Committee when legislature adjourned.	No
New Jersey AB 3496	Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America.	Carried over from 2011 session. In House Judiciary Committee.	No
North Carolina HB 640	Declares “it to be the public policy of this State to protect its citizens from the application of foreign law that would result in the violation of a right of a natural person guaranteed by the North Carolina Constitution or the United States Constitution. The public policies expressed in this section shall apply only to actual or foreseeable violations of a constitutional right resulting from the application of the foreign law.”	Died in House Committee on Judiciary Subcommittee C when legislature adjourned.	Possibly
Oklahoma HB 1552	Provides any court, arbitration, tribunal, or administrative agency ruling or decision shall violate the public policy of this state and be void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, rule, legal code or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the United States and Oklahoma Constitutions.	Approved by full House 3/17/11. Died in Senate Rules Committee when legislature adjourned.	Probably
South Carolina HB 3490	Provides “As used in this section, the term “foreign law” means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories…A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.”	Died in House Judiciary Committee when legislature adjourned.	Probably
South Carolina SB 444	Provides “As used in this section, the term ‘foreign law’ means any law, rule, or legal code or system established and used or applied in or by another jurisdiction outside of the United States or its territories….A court, arbitrator, administrative agency, or other adjudicative, mediation, or enforcement authority may not enforce a foreign law if it would violate a constitutionally guaranteed right of this State or of the United States. The provisions of this section apply only to actual or foreseeable violations of the constitutional rights of a person caused by the application of the foreign law.”	Died in Senate Judiciary Committee when legislature adjourned.	Probably
South Dakota HJR 1004 (Constitutional Amendment)	Provides no South Dakota state court may apply international law, the law of any foreign nation, or any foreign religious or moral code with the force of law in the adjudication of any case under its jurisdiction.	Tabled by Senate Judiciary Committee 2/17/11.	No
South Dakota SB 201	Declares “foreign law, legal code, or system, means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…Any court, arbitration, tribunal, or administrative agency ruling or decision is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its rulings or decisions in the matter at issue in whole or in part on any law, legal code, or system that would not grant the parties affected by the ruling or decision the same fundamental liberties, rights, and privileges granted under the constitutions of the United States and the State of South Dakota.”	Deferred to 41st legislative day (i.e. killed) by Senate Commerce and Energy Committee 2/16/11.	No
Texas HB 274	AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”	Approved as amended by full House 5/10/11. 4/18/11. Removed by Senate State Affairs Committee 5/23/11.	No
Texas HB 911	AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”	Approved as amended by House Committee on Judiciary & Civil Jurisprudence 4/18/11. Died in House Calendars Committee when legislature adjourned.	No
Texas HB 999	Declares “”foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”	Died in House State Affairs Committee when legislature adjourned.	No
Texas HB 1240	Declares “”foreign or international law or doctrine” means a law, rule, legal code, or principle of a jurisdiction outside of the states and territories of the United States, including international law, that is not codified or recognized by this state or the United States…A court, arbitrator, or administrative adjudicator may not base a ruling or decision on a foreign or international law or doctrine; or a prior ruling or decision that was based on a foreign or international law or doctrine.”	Approved by House Select Committee on State Sovereignty 5/10/11. Died in House Calendars Committee when legislature adjourned.	No
Texas HB 3027	Declares “”foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”.	Died in House Committee on Judiciary & Civil Jurisprudence when legislature adjourned.	No
Texas HJR 57 (Constitutional Amendment)	Provides “A court of this state shall uphold the laws of the Constitution of the United States, this Constitution, federal laws, and laws of this state. A court of this state may not enforce, consider, or apply any religious or cultural law.”	Died in House State Affairs Committee when legislature adjourned.	No
Texas HB 79A (Special Session)	AS AMENDED: Provides “In this chapter, “foreign law” means a law, rule, or legal code of a jurisdiction outside of the states and territories of the United States…A ruling or decision of a court, arbitrator, or administrative adjudicator on a matter arising under the Family Code may not be based on a foreign law if the application of that law would violate a right guaranteed by the United States Constitution or the constitution of this state.”	Approved as amended by full House 6/22/11. Removed by Senate Jurisprudence Committee 6/27/11.	No
West Virginia HB 3220	Provides “”foreign law, legal code or system” means any law, legal code, or system of a jurisdiction outside of any state or territory of the United States, including, but not limited to, international organizations and tribunals, and applied by that jurisdiction’s courts, administrative bodies, or other formal or informal tribunals…It is the public policy of this state that the primary factor which a court, administrative agency, arbitrator, mediator or other entity or person acting under the authority of state law shall consider in granting comity to a decision rendered under any foreign law, legal code or system against a natural person in this state is whether the decision rendered either violated or would violate any right of the natural person in this state guaranteed by the Constitution of the State of West Virginia or the United States Constitution or any statute or decision under those Constitutions.”	Died in House Judiciary Committee when legislature adjourned.	Possibly
Wyoming HJR 8 (Constitutional Amendment)	Prohibits court use of sharia law. Prohibits Wyoming courts from referencing law of other U.S. states if law of the other state does include sharia law. Requires Wyoming courts uphold and adhere to the law as provided in the constitution of the United States, the Wyoming constitution, the United States Code and federal regulations promulgated pursuant thereto, laws of this state, and established common law as specified by legislative enactment. Prohibits courts from considering the legal precepts of other nations or cultures including, without limitation, international law and Sharia law.	Died in House Judiciary Committee when legislature adjourned.	No

2010

Bill	Provisions	Status
Arizona HB 2379	Enacts the “Arizona Foreign Decisions Act” Declares the acceptance of Arizona into the Union was a “compact”. Declares “Congress has no authority to preempt state regulation of state courts.” Prohibits courts from implementing, referring or incorporating or using “a tenet of any body of religious sectarian law” and specifically includes sharia law, canon law, halacha and karma, but exempts decisions based on Anglo-American legal tradition, laws or case law from Great Britain prior enactment of the statute, or the definition of marriage as between one man and one woman, “and the principles on which the United States was founded.” Prohibits use of any case law or statute from a non-U.S. jurisdiction or “foreign body”, including the United Nations. Decisions that make use of a body of religious sectarian law or foreign law declared void and usages declared to be grounds for impeachment. Declares these provisions apply to Federal courts sitting in diversity jurisdiction. Requires any court that construes this statute must do so in a way to confine the power of Congress and the federal judiciary.	Died in House Judiciary Committee.
Arizona SB 1026	Enacts the “Arizona Foreign Decisions Act” Declares the acceptance of Arizona into the Union was a “compact”. Declares “Congress has no authority to preempt state regulation of state courts.” Prohibits courts from implementing, referring or incorporating or using “a tenet of any body of religious sectarian law” and specifically includes sharia law, canon law, halacha and karma, but exempts decisions based on Anglo-American legal tradition, laws or case law from Great Britain prior enactment of the statute, or the definition of marriage as between one man and one woman, “and the principles on which the United States was founded.” Prohibits use of any case law or statute from a non-U.S. jurisdiction or “foreign body”, including the United Nations. Decisions that make use of a body of religious sectarian law or foreign law declared void and usages declared to be grounds for impeachment. Declares these provisions apply to Federal courts sitting in diversity jurisdiction. Requires any court that construes this statute must do so in a way to confine the power of Congress and the federal judiciary.	Died in House Judiciary Committee.
Florida SB 1962	AMENDED: Directs courts to consider as a “primary factor” the preservation of a person’s constitutional rights, when interpreting, enforcing, or applying any foreign court decision, choice of foreign law contract provision, or choice of foreign venue or forum contract provision that violates any right guaranteed by the Florida Constitution or the U.S. Constitution. Provides that it is the public policy of the state that a court consider as a primary factor in granting comity to a decision rendered under any foreign law, legal code, or system against a natural person in Florida, whether the decision rendered violates or would violate any constitutional right of that person. Requires a court to deny a claim for forum non conveniens if the granting of such claim would likely violate the constitutional rights of the non-claimant. Provides an exception for application of the bill to corporations, partnerships, or other business associations and provides a severability clause.	Approved by Senate Commerce Committee 4/7/10. Died in Senate Committee on Judiciary.
Idaho HCR 44	Declares “For any domestic issue, no court should consider or use as precedent any foreign or international law, regulation, or court decision.”	Approved by full House 3/4/10. Approved by full Senate 3/26/10. Transmitted to Secretary of State for transmission to Congress, the President, and the other states.
Iowa HB 2313	Prohibits judges from using “judicial precedent, case law, penumbras, or international law as a basis for rulings.” Requires judges use only the U.S. and Iowa Constitutions and the Code of Iowa in making decisions. Permits use of the Federalist papers and other writings of the founding fathers, but only “if such source material is used in full context. Prohibits any court from reviewing the legislation. Deems any violation of the act grounds for impeachment.	Died in House Judiciary Committee.
Louisiana HB 785	“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.	Signed into law by Governor 6/29/10.
Louisiana 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.	Signed into law by Governor 7/2/10.
New Jersey AB 3496	Provides that a foreign law may only be recognized by a court in New Jersey if it does not violate any right guaranteed by the Constitution of this State or of the United States of America.	Died in House Judiciary Committee. Carried over into 2011 session.
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.	Approved by voters in November 2010 election.
South Carolina SB 1387 (Constitutional Amendment)	Requires South Carolina Courts uphold and adhere to the law as provided in the United States Constitution, the South Carolina Constitution, the United States Code and federal regulations promulgated pursuant to it, and the South Carolina statutes and rules adopted and regulations promulgated pursuant to it, and in doing so, shall rely only on those sources, and if necessary for the determination of a particular case, the laws, rules, regulations, and cases of another state of the United States, in making judicial decisions. Prohibits courts from looking to the legal precepts of other nations or cultures. Specifically, the courts shall not consider Sharia Law, international law, the constitutions, laws, rules, regulations, and decisions of courts or tribunals of other nations, or conventions or treaties, whether or not the United States is a party.	Died in Senate Judiciary Committee.
Tennessee HB 3768	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.	Signed into law by Governor 5/27/10.
Tennessee 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.	Replaced by HB 3768.
Utah HB 296	Requires Utah courts to apply United States and Utah law in cases and controversies before them unless the foreign law sought to be applied would provide protection equal to or stronger than specific elements of United States and Utah law.	Approved by House Law Enforcement and Criminal Justice Committee 2/25/10. Died on House floor.

2011 South-Atlantic indigent defense legislation

Bill Raftery — Tue, 13 Sep 2011 13:31:18 +0000

Law

Florida HB 7067 / SB 1016 / SB 7018 Re-creates Indigent Civil Defense Trust Fund within Justice Administrative Commission without modification. Repeals provisions that would have terminated the trust fund in 2012. (see also HB 7065 / SB 1014 / SB 7016)

Florida HB 443 / HB 7199 / SB 170 Requires that each public defender implement a system to electronically file court documents with the clerk of the court. Requires Florida Public Defender Association report to the President of the Senate and the Speaker of the House of Representatives by a specified date on the progress made in implementing the electronic filing system.

Georgia HB 238 Reconstitutes and vacates all currently serving members of the Georgia Public Defender Standards Council. Provides for appointing new members. Alters powers and duties of the council and council director, council’s responsibility to set policy and standards, and the director’s responsibility to develop rules and regulations to efficiently administer the provisions of the law related to public defenders. Provides director to appoint circuit public defenders and requires two-thirds vote of council to remove the chairperson of the council or to overturn the director’s decision regarding the removal of a circuit public defender. Requires certain annual reports be prepared by the director, rather than the council, and a copy sent to the Supreme Court. Changes provisions relating to the circuit public defender supervisory panel. Changes provisions relating to appointing attorneys in conflict of interest cases.

Maryland SB 515 Specifies that an individual whose assets and net annual income are less than 100% of the federal poverty guidelines may be determined eligible for services from the Office of the Public Defender (OPD) without an assessment. Clarifies that the District Court, a Circuit Court, and the Court of Special Appeals are prohibited from appointing an attorney through OPD to represent an indigent individual if (1) there is a conflict in legal representation in a matter involving multiple defendants and one of the defendants is being represented by or through OPD; or (2) OPD declines to provide representation to an indigent individual entitled to representation.

North Carolina HB 243 Provides fee charged by clerk for certificates under seal is waived for appointed attorneys representing indigent clients.

Virginia SB 902 Permits retired justices or judges to appear as counsel in cases in courts of the Commonwealth if (i) the retired justice or judge has been retired for at least two years and is not authorized for temporary recall by the Chief Justice of the Supreme Court, (ii) the retired justice or judge is appearing as counsel, pro bono, for an indigent person in a civil matter, (iii) such civil matter is assigned or referred to the retired justice or judge by a nonprofit legal aid program organized under the auspices of the Virginia State Bar, and (iv) the retired justice or judge is not an employee, officer, or board member of such nonprofit legal aid program.

Active/Carried over into 2012

Georgia HB 648 Implements HR 977 (Constitutional Amendment). Creates trust fund for indigent defense dollars collected by clerks. Provides and specifies certain fees and assessments are dedicated to funding legal services for indigent persons accused of crimes and delinquent acts. Provides such funds are to be remitted to the Georgia Public Defender Standards Council.

Georgia HB 977 (Constitutional Amendment) Creates trust fund for indigent defense dollars collected by clerks. Provides and specifies certain fees and assessments are dedicated to funding legal services for indigent persons accused of crimes and delinquent acts.

Approved by one chamber

West Virginia HB 3067 / SB 549 Increases certain civil filings fees currently collected by circuit courts, and impose a new docketing fee for unspecified civil appeals including family court appeals but not including Workers’ Comp cases or, presumably, actions in the Supreme Courts original jurisdiction, to be collected by the Court and paid, at its discretion, to either Legal Aid of West Virginia (LAWV) or into the Interest on Lawyer’s Trust Accounts (IOLTA) fund. Approved by full House, died in Senate Finance Committee.

West Virginia SB 568 Clarifies that an attorney from the public defender office shall be appointed by a judge in all cases where an attorney-at-law is required to be appointed for an eligible client. Approved by full Senate, died in House Judiciary Committee.

West Virginia SCR 79 Requests Joint Committee on Government and Finance study need for authorizing executive director of Public Defender Services control over public defender corporations. Approved by full Senate, died in House.

Died in committee

North Carolina SB 596 Expands state’s office of public defender system to every county in state. Realigns public defender districts accordingly.

Virginia HB 1570 / SB 908 Increases from $10 to $14 fee on most civil actions filed in trial courts to pay for free civil legal representation provided for the poor by a nonprofit legal aid program organized under the auspices of the Virginia State Bar. Changes from $9 to $13 the amount that, from such additional fee, is to be credited to the Virginia State Bar’s Legal Aid Services Fund.

West Virginia SB 482 Requires public defender corporations of all the judicial circuits to be centralized under the executive director of Public Defender Services and grants executive director rulemaking authority.

West Virginia Interim Joint Standing Committee on the Judiciary meets September 12-14

Bill Raftery — Fri, 09 Sep 2011 19:45:02 +0000

The West Virginia Legislature’s September interim meetings are being held next week, including the Joint Standing Committee on the Judiciary and its three subcommittees. Topics to be discussed include:

September 12

Subcommittee A: Prison overcrowding

Subcommittee C: Draft legislation relating to gubernatorial succession

September 13

Subcommittee A: Prison overcrowding, with Administrator of the Supreme Court Steve Canterbury

Subcommittee B: HB 2755, Relating to Mentally Ill Persons (provides that the President of the West Virginia Sheriffs’ Association, along with the Supreme Court of Appeals and the Secretary of the Department of Health and Human Resources shall develop and propose a statewide system for evaluation and adjudication of mental hygiene petitions.)

Subcommittee C: Draft legislation relating to the rule-making process

September 14

Full Committee: Reports of the subcommittees