Bans on court use of sharia/international law: 19 bills in 14 states; Arkansas enacts, North Dakota rejects as an “insult to our judges”

Efforts to ban state courts from using or referencing foreign/international law in general, and sharia law in particular, continue apace with two legislatures approving versions while a bill in North Dakota was rejected.

Arkansas enacted a ban (HB 1041). An earlier version noted here would have re-declared that marriage in Arkansas was limited to a man and a woman, despite a U.S. Supreme Court decision saying the opposite. The amended/enacted HB 1041 provides

A court ruling or decision violates the public policy of this state and 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 does not grant the parties affected by the ruling or decision one (1) or more of the following fundamental rights, liberties, and privileges granted under the Arkansas Constitution or the United States Constitution:
(1) The right to due process;
(2) The right to equal protection;
(3) Freedom of religion;
(4) Freedom of speech;
(5) Freedom of the press;
(6) The right to keep and bear arms;
(7) The right to privacy; or
(8) The right to marry, as “marriage” is defined by the Arkansas Constitution, to the extent that the definition of marriage does not conflict with federal law or a holding by the United States Supreme Court.

Meanwhile the Montana legislature approved a version (SB 97) that is currently pending on the governor’s desk that reads in operative part

A court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of Montana and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision on a law, legal code, or system that would not grant the parties affected by the ruling or decision the fundamental liberties, rights, and privileges granted under the Montana constitution or the United States constitution, including but not limited to due process, equal protection, freedom of religion, speech, or press, the right to keep and bear arms, and any right of privacy or marriage.

Finally, North Dakota’s House approved HB 1425 in February, but in late March the Senate rejected the proposal. At issue was the situation similar to Arkansas, namely, that the bill would have attempted to re-establish a ban on same-sex marriage. Senators objected to the marriage provision and amended it out, but also worried this was an “insult to our judges” and assumes North Dakota judges would violate the U.S. and North Dakota Constitutions without this bill.

Full list of bills below the fold.

Continue reading Bans on court use of sharia/international law: 19 bills in 14 states; Arkansas enacts, North Dakota rejects as an “insult to our judges”

State legislatures debating use of dogs in courtrooms to calm, assist witnesses; bills out of committee in several states, enacted in Idaho

I mentioned in 2016 that there’s been an increasing number of bills introduced to address the use of animals in court proceedings to calm and assist witnesses. The 2017 session has continued this trend. The bills often contend with two issues: who can have access to such animals (children only? others?) and in what kinds of cases can such an animal be used (criminal? any?)

Alabama HB 393 and SB 273 would permit at the judge’s discretion registered therapy dogs into courtrooms to assist any victim or witness “to reduce unnecessary emotional distress experience by a victim or witness and allow full and factual testimony.” The District Attorney would have to provide instructions on court protocol to the handler. The bills also deal with how to explain the presence of the dog to the jury and authorizes judges to use discretionary court funds to offset the costs for a registered handler for the therapy dog.

SB 273 was approved 7-0 by the Senate Health and Human Services Committee yesterday. HB 393 is in the House Public Safety and Homeland Security but has not yet come up for a hearing.

California AB 411 as amended focuses on 1) child witnesses in cases involving a serious or violation felony and 2) victims entitled under existing law to support persons. These individuals under the bill would be able to have access to a therapy or facility dog and defines these terms, subject to approval by a judge. The bill also deals with how to explain the presence of the dog to the jury.

AB 411 as amended was approved by the Assembly Committee on Public Safety on March 15 and is currently on the Assembly floor (3rd Reading Calendar).

Connecticut HB 6999 as filed would have authorized the use of therapy dogs for those under the age of 18 in criminal cases.

During testimony on the bill by the Connecticut Judicial Branch, it was noted that the state’s supreme court had recently ruled that judges already have the inherent authority to allow for a therapy dog for any witness, in any court proceeding, and that therefore the bill as filed might have the effect of limiting the court’s ability to make such accommodations.

HB 6999 as amended, instead provides the Judicial Branch shall maintain on its website a section providing information regarding the availability of an accommodation, granted at the court’s discretion, for the presence of a dog to provide comfort and support for a child under the age of eighteen during such child’s testimony in the criminal prosecution of an offense involving the alleged assault, abuse or sexual abuse of such child. it also directs that trial judges be trained on this issue.

HB 6999 as amended was approved by the Joint Committee on Children on March 2 and remains pending.

Florida HB 151 amends an existing law that allows the court to use service or therapy animals in proceedings involving a sexual offense to assist a child victim or witness or a sexual offense victim or witness.

As amended, HB 151

  1. Expands the list of proceedings in which support animals may be used to include any proceeding involving child abuse, abandonment, or neglect.
  2. Expands the categories of allowable animals to include a “facility dog”;
  3. Allows a court to set any conditions it finds just and appropriate when taking the testimony of a person who has an intellectual disability, including the use of a therapy animal or facility dog;
  4. Removes the requirement for evaluation and registration of an animal pursuant to national standards, and replaces it with a requirement that an animal be trained, evaluated, and certified according to industry standards; and
  5. Provides definitions for the terms “facility dog” and “therapy animal.”

HB 151 was approved by the full Senate yesterday and is on its way to the governor. The Senate’s similar bill (SB 416) addressed the same issues and was approved on committee, but was ultimately shelved in favor of HB 151.

Idaho SB 1089 as enacted provides when a child is summoned as a witness in any hearing in a noncriminal matter that involves the abuse, neglect or abandonment of the child, including any preliminary hearing, notwithstanding any other statutory provision, a facility dog shall be allowed to remain in the courtroom at the witness stand with the child during the child’s testimony. The bill also defines what a “facility dog” is. SB 1089 was signed into law by the governor in March, with an effective date of July 1, 2017.

Maryland SB 77 amends a 2016 law (SB 1106) that created a pilot program for the use of both facility and therapy dogs with respect to child witnesses in criminal cases and limited the program to two counties (Anne Arundel and Harford). SB 77 would delete the word “criminal”, allowing for the use of such dogs in any case.

SB 77 was approved by the House on April 4 and is in back in the Senate pending transmission to the Governor.

Connecticut: bill to increase penalties for threatening judges, magistrates, and referees approved in committee 22-17

A Connecticut bill to increase penalties for threatening judges and judicial officials cleared the legislature’s Joint Committee on the Judiciary last week on a 22-17 vote. A similar measure cleared the same committee last year 40-1.

HB 5742 of 2017 amends the state’s existing statute against threats which provides, generally, threatening in the first degree is a class D felony and threatening in the second degree is a class A misdemeanor.

Under HB 5742 this would be elevated each one level to a class C felony or class D felony, respectively where the threat is made against “a family support magistrate, a family support referee, judge trial referee or a judge of any court, either elected or appointed, and the threat is related to the magistrate’s, referee’s or judge’s official duties.”

HB 5742 appears to be similar if not identical to HB 5495 of 2016 as amended/committee substituted. That version was approved by the Joint Committee on Judiciary 40-1.

Connecticut: bill increases penalties for threatening judges, magistrates, and referees; 2016 version approved in committee

A bill to increase penalties for threatening judges and judicial officials first introduced in 2016 has been refiled for the 2017 and is set for a hearing next week

HB 5742 of 2017 amends the state’s existing statute against threats which provides, generally, threatening in the first degree is a class D felony and threatening in the second degree is a class A misdemeanor.

Under HB 5742 this would be elevated each one level to a class C felony or class D felony, respectively where the threat is made against “a family support magistrate, a family support referee, judge trial referee or a judge of any court, either elected or appointed, and the threat is related to the magistrate’s, referee’s or judge’s official duties.”

HB 5742 appears to be similar if not identical to HB 5495 of 2016 as amended/committee substituted. That version was approved by the Joint Committee on Judiciary 40-1 but failed to advance.

Bans on court use of sharia/international law: 16 bills in 12 states to start 2017; Arkansas House and Montana Senate versions differ on constitutionality of same sex marriage.

The 2017 legislative session appears poised to pick up where the 2015/2016 sessions left off with respects to attempts to ban state courts from using or making reference to foreign/international law in general and sharia law in particular. Among the legislation:

Oregon SB 479 specifically targets sharia by name. As I mentioned when this came up in 2015, the Oregon bill’s specific naming and targeting sharia is similar to an Oklahoma effort that was struck down by federal courts as a violation of the First Amendment.

Arkansas HB 1041 approved by the House last week 63-24 provides

A court ruling or decision violates the public policy of this state and 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 does not grant the parties affected by the ruling or decision one (1) or more of the following fundamental rights, liberties, and privileges granted under the Arkansas Constitution or the United States Constitution

Among those rights listed is the “right to marry, as “marriage” is defined by Arkansas Constitution, Amendment 83.” Amendment 83 provides “Marriage consists only of the union of one man and one woman.” The lead sponsor of the bill indicated he believed “that marriage is between a man and a woman, not between the same sexes.

The other bill to advance so far was Montana’s SB 97 which cleared the Senate 27-21 on February 3. It too mentions marriage, but does not explicitly limit it to one man and one woman.

A court, arbitration, tribunal, or administrative agency ruling or decision violates the public policy of Montana and is void and unenforceable if the court, arbitration, tribunal, or administrative agency bases its ruling or decision on a law, legal code, or system that would not grant the parties affected by the ruling or decision the fundamental liberties, rights, and privileges granted under the Montana constitution or the United States constitution, including but not limited to due process, equal protection, freedom of religion, speech, or press, the right to keep and bear arms, and any right of privacy or marriage.

Full list of bills below the fold.

  1. Continue reading Bans on court use of sharia/international law: 16 bills in 12 states to start 2017; Arkansas House and Montana Senate versions differ on constitutionality of same sex marriage.

Connecticut: study of public financing for Probate Court races clears committee 11-4

As previously noted most judges in Connecticut are appointed (and reappointed) to office and are not subject to elections. The only exception is the state’s Probate Court. A bill that has now cleared the Connecticut legislature’s Joint Government Administration and Elections Committee would direct a study to determine whether or not to bring those elections into the state’s existing public finance system.

HB 5389, as approved 11-4 on March 11, requires the State Elections Enforcement Commission report by January 15, 2018 on the feasibility of extending public financing under the Citizens’ Elections Program. In addition to findings and recommendations, the Commission would be required to submit draft legislation for implementation.

HB 5389 now goes to the House and Senate for votes.

Connecticut considers extending public financing to Probate Court races; similar 2008 study proposal failed

Connecticut’s top three courts (Supreme, Appellate, Superior) all use a merit/commission system with House and Senate confirmation. However, the state’s Probate Courts continue to use partisan elections. Several efforts have been made end these elections outright, with no success. Instead, a new plan pending in the Joint Committee on Government Administration and Elections Committee explores the possibly of expanding the state’s existing public financing system to cover these races.

The Citizens’ Elections Program already covers statewide officers and the state legislature. HB 5389 would ask the State Elections Enforcement Commission to study the feasibility of extending the program to cover Probate Court races. It is almost identical to a study proposal introduced in 2008 (SB 448) after concerns Probate Judges were asking for campaign donations from attorneys appearing before the Court. That plan was approved by the Joint Government Administration and Elections Committee but ultimately never adopted.