OK: State courts may not reference U.S. treaties or conventions?

Late last week, Oklahoma’s House voted to amend the state constitution to ban court references to sharia law and international law. HJR 1056 would enact the “Save Our State Amendment” and would include the following as a new paragraph of the state’s Judiciary Article (Article VII):

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, and the Oklahoma Statutes and rules promulgated pursuant thereto 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. (emphasis added)

The bill, as originally introduced, read:

The courts shall not look 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. The provisions of this subsection shall apply to all cases before the respective courts including, but not limited to, cases of first impression.

The original language was approved by the House Rules Committee but amended on the floor. The bill, as amended, passed on a 91-2 vote.

Legislation to ban the use of Karma, Sharia, and Canon Law by Courts

Efforts to strip courts of jurisdiction over case types, such as taxation and school funding, are nothing new. See, for example, Kansas’ SCR 1613 which would prohibit the judicial branch from directing the legislative branch make any appropriation of money or to redirect the expenditure of funds.

2010 however is perhaps the first time a state legislature has tried to stop the use of karma by the courts (although it is not clear any courts are presently using it). Arizona’s HB 2379 and SB 1026 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. Decisions that make use of a body of religious sectarian law or foreign law are declared void and such usages declared to be grounds for impeachment. Moreover, the bills are not just targetting Arizona’s state courts; the same legislation declares these provisions apply to Federal courts sitting in diversity jurisdiction and requires any court that construes the statutes must do so in a way to confine the power of Congress and the federal judiciary.

A similar bill in Oklahoma, HJR 1056, would amend that state’s constitution to prohibit the courts from “look[ing] to the legal precepts of other nations or cultures. Specifically, the courts shall not consider Sharia Law…” That  bill was approved by the House Rules Committee on February 4.

Judicial Removal Week: Judge Thomas Bartheld (OK)

Efforts to remove Judge Thomas Bartheld, an Oklahoma state District Court Judge, started even before the 2010 session began. Media reports of legislators planning his ouster made the news in June 2009 after Judge Bartheld sentenced a man who had pled no contest of raping and sodomizing a 5-year-old girl to 20 years in prison, 19 of which are suspended. The case made national headlines, with Bill O’Reilly mentioning the judge by name on his show seven times. Judge Bartheld, however, noted that “The district attorney, child’s family, advocates and the defendant all agreed to this [plea bargain].”

HR 1065, filed in August 2009 for the 2010 session, asks the Trial Division of the Court on the Judiciary to assume jurisdiction and institute proceedings for the removal of Judge Bartheld from office. Additionally, the same legislator has introduced HJR 1079 granting the state legislature the authority to review, amend, and otherwise change criminal sentences handed down by judges and HJR 1072 allowing the state legislature to impeach District Court Judges like Bartheld. Oklahoma’s current constitutional provision only allows for the impeachment of “the Governor and other elective state officers, including the Justices of the Supreme Court… [and]…Judges of the Court of Criminal Appeals.”

A poll conducted in January 2010 by the Tulsa World, however, finds most Oklahomans are unsure of these actions. While 57% find Oklahoma judges are “too lenient” in criminal cases, the state divided 45/46% on whether it should be easier for the state legislature to remove judges.