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”

Special Edition: Indiana fee/fine/cost legislation in the 2017 session

HB 1268 Urges the legislative council to assign to the appropriate study committee the topic of studying a traffic amnesty program to permit certain persons owing unpaid traffic fines, or who may be required to pay a fee for driver’s license reinstatement, to obtain a reduction in the amount owed or amount payable. Approved by full House 2/23/17. Approved by full Senate 3/20/17. Returned to House for transmission to Governor.

Plans to link executive/legislative salaries to judges rejected in Indiana & Wyoming

Plans to tie the salaries of legislative and executive branch officials to judges have been rejected in both Indiana and Wyoming.

The Indiana plan, discussed here, builds on an existing plan that links the salaries of state legislators to judges. Under SB 60 as introduced, that link would have been extended to include top executive branch officials. The version that came out of committee and was approved by the Senate asks for a study committee to be formed to look at these salaries instead.

The Wyoming plan, HB 175 as discussed here, made linkages between top executive branch officials and judicial salaries. The amended version removed any reference to links and instead put in exact amounts (i.e. Governor = $113,000). Even with the amendment, the plan died in the House Committee of the Whole.

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.

In 2015 Indiana required all Town/City judges be attorneys, now some in the legislature want to go back to lay judges

In 2015 Indiana moved to the end practice of allowing non-attorney judges in the state’s lowest tier of trial courts: Town and City (discussed here). Now members of both the House and Senate want to go back to lay judges.

SB 238 would generally remove the attorney-judge requirement except for 9 specifically name courts and any court located in Lake County.

HB 1564 takes a slightly different approach and is more population based.

  1. Attorney-judges would be required in the 9 courts + any in Lake County (as in SB 238).
  2. Attorney-judges would not be required in a Town/City Court with a population under 10,000.
  3. Attorney-judges would (apparently) be required in a Town/City Court with a population over 10,000.

HB 1564 is in the House Courts and Criminal Code while SB 238 is in the Senate Judiciary Committee.

Indiana: bill would curtail state supreme court’s power to adopt rules; require court submit proposed rules for legislative review and approval

A bill recently introduced into the Indiana Senate would require rules adopted by the Indiana Supreme Court be stayed until it reviews and possibly subject to approval by the legislature.

SB 406 of 2017 requires the supreme court submit a nonemergency rule and any economic impact statement to the Office of Fiscal Management and Analysis of the Legislative Services Agency to estimate the fiscal impact on state and local government.

If the fiscal impact of the rule is greater than $300,000 the rule would be further subject to a newly created Administrative Rules Review Committee made up of 12 members of the legislature.

Finally, if the impact was greater than $300,000, the Supreme Court’s rule would not take effect unless authorized by a bill enacted by the general assembly.

SB 406 has been sent to the Senate Judiciary Committee.

Indiana: Plan calls for linking executive branch salaries to judicial salaries; legislative salaries already linked

The practice of linking the salaries of other officials to that of judges has been debated throughout the country. In 2015, it was abandoned in Oklahoma and adopted in Colorado. Indiana may be extending its existing linkage between judicial-and-state-legislative salaries to include executive branch officials as well.

Under SB 60 of 2017 as introduced the link would start in 2021:

  • Governor of Indiana’s salary = 100% of salary paid by the state under IC 33-38-5-6 to a Circuit Court Judge of Marion County.
  • Lt. Gov., Secretary of State, Auditor of State, Treasurer of State, Attorney General, and State Superintendent of Public Instruction = 85% of salary paid by the state to a Circuit Court Judge of Marion County.

The plan is similar to the system in place for state legislators.  A law passed in 2007 (SB 401) makes legislative salaries equal to 18% of a trial judge’s salary under IC 33-38-5-6, as adjusted under IC 33-38-5-8.1.

SB 60 has been filed in the Senate Civil Law Committee.

Bans on court use of sharia/international law: GA House approves modified bill; Mississippi bill to ban sharia in divorce cases dies

The latest iterations of efforts to ban state courts from using foreign or international law in general, and sharia law in particular, appear to be stalling in most states. Since last month’s update there have been three pieces of activity, within only 1 bill moving.

Georgia: The House yesterday passed a heavily amended version of HB 171. As introduced, the bill provided

Any tribunal ruling shall be void and unenforceable if the tribunal bases its ruling in whole or in part on any foreign law that would deny the parties the rights and privileges granted under the United States Constitution or the Georgia Constitution.

As amended the bill adds to an existing list of items (O.C.G.A. 9-10-31.1) to be considered by a court when considering the issue of venue and the doctrine of forum non conveniens.

In determining whether to grant a motion to dismiss an action or to transfer venue under the doctrine of forum non conveniens, the court shall give consideration to the following factors

whether the forum outside of this state provides for impartial tribunals and procedures that are consonant to the requirements of due process of law as required by the Constitutions of the United States and the State of Georgia.

The bill was approved 165-0.

In Mississippi, which already enacted a foreign law ban in 2015, legislators attempted to enhance the existing law. SB 2400 would have allowed courts to award attorney’s fees to any party opposing recognition or enforcement of foreign law. SB 2595 specifically targeted the use of sharia law in divorce and child custody cases. Both bills died in committee.

Finally, a bill was introduced in Missouri (HB 2507) that dealt with the subject as well.

Full list of bills below the fold.

Continue reading Bans on court use of sharia/international law: GA House approves modified bill; Mississippi bill to ban sharia in divorce cases dies

Bans on court use of sharia/international law: reintroduced or active in 12 states; bill moves in SC; threat of impeachment against judges in WV

As I noted last July 2015 saw some 32 pieces of legislation introduced in 17 states to ban or limit the use by state courts of sharia or foreign/international law. 2016 looks to pick up where 2015 left off with a raft of new legislation introduced in 12 states. Of note:

Continued reference to sharia in particular

Notable regarding many of these bills is the continued focus on specifically banning the use by state courts of sharia law (South Carolina HB 3521 as introduced; Missouri HJR 69). The specific targeting of sharia was held as unconstitutional in a decision by the Tenth Circuit in 2012 a sharia-specific constitutional amendment approved by Oklahoma voters in 2010. Perhaps as a result the version adopted by the South Carolina House last week eliminated the word “sharia”. That ruling has not stopped Missouri’s proposal, which is practically a verbatim copy of the Oklahoma 2010 proposal struck down by the Tenth Circuit.

Missouri HJR 69 of 2016

The courts provided for in this section, 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.

Oklahoma HJR 1056 of 2010

The Courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules 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 subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.

Threat of impeachment

Also of note is a West Virginia version of this bill which threatens impeachment for any judge who violates the provision (“Any decision or ratification of a private agreement that is determined, on the merits, by a judge in this state who relies on any body of religious sectarian law or foreign law is void, is appealable error and is grounds for impeachment and removal from office.”)

List of proposals and their current status below the fold.

Continue reading Bans on court use of sharia/international law: reintroduced or active in 12 states; bill moves in SC; threat of impeachment against judges in WV

Indiana: Bill makes it a crime to be a court clerk without registering with the supreme court; sets educational standards for court clerks

Under a bill introduced last week in the Indiana House, it would be a crime for a person to operate/work as a court clerk unless registered with the state’s supreme court.

HB 1304 defines who exactly is a “court clerk” for all the state’s trial and appellate courts

As used in this chapter, “court clerk” means an individual who performs one (1) or more of the following duties for the benefit of a judicial officer:
(1) Assists with the preparation and execution of daily court calendars.
(2) Administers oaths.
(3) Records and updates court minutes as required.
(4) Ensures the completeness and accuracy of court minutes.
(5) Examines documentation tendered to the court for completeness of information, accuracy, and formatting.
(6) File stamps, logs, and stores documentation tendered to the court for subsequent judicial review.
(7) Receives, logs, and maintains custody of exhibits admitted 9 into evidence during the course of a trial or hearing.
(8) Sends notice of court actions and judicial rulings to relevant parties.
(9) Calculates jury fees, mileage fees, and court reporter fees as needed.
(10) Ushers jurors to and from court as needed.
(11) Ensures that jurors, attorneys of record, litigants, and other essential witnesses are present before proceedings begin or are resumed.

Any person working as a court clerk would be required to register with the Supreme Court by July 1, 2017. Failure to do so would be a Class C infraction.

In addition the bill sets minimum educational requirements for clerks; clerks already working could be exempted

  • High School Diploma + 4 years relevant work experience
  • Associate’s Degree + 3 years relevant work experience
  • Bachelor’s Degree + 2 years relevant work experience
  • Advanced Degree + 1 year relevant work experience

HB 1304 has been filed in the House Courts and Criminal Code Committee.