Alert: Oppose Foreign Law Coming Into The Arkansas Courts: Hot Bill In Committee Tomorrow

We Must Oppose Foreign Law coming into the Arkansas Courts 

HB1348 Must be killed. HB1348 will allow foreign law into the Arkansas Courts. HB1348 is tied to Arkansas Public Policy.  Arkansas Public Policy can be change at anytime by the legislators

                                       We Must Oppose Foreign Law Coming into Arkansas Courts  

HB1348 is entitled:

AN ACT TO PROTECT RIGHTS AND PRIVILEGES GRANTED UNDER THE UNITED STATES CONSTITUTION AND THE ARKANSAS CONSTITUTION; AND FOR OTHER PURPOSES.

HB1348 was introduced to allow foreign law to be used, as long as there is no conflict with the Public Policy of Arkansas. The fundamental rights and liberties granted to Arkansas citizens and residents found in the Bill of Rights of the US Constitution and other amendments and Declaration of Rights, Arkansas Constitution, Article 2, are fundamental human rights that transcend jurisdiction.  

HB1348 must be killed.

HB1348 will be on the agenda for the House Judiciary Committee for tomorrow, Thursday, February 21 at 10:00am in Room 149. 

Please call these sponsors and ask that HB1348 be pulled.

Representative Randy Alexander(R),

479-306-4051, email [email protected],

Representative Denny Altes(R),
479-646-8981, email [email protected]

Representative Bob Ballinger (R),
870-423-1035, email
[email protected]

Representative Mark Biviano (R)
501-230-5751, email
[email protected]

Representative John Burris (R)
870-688-6181, email
[email protected]

Representative Gary Deffenbaugh (R)
479-719-8197. Email
[email protected]

Representative Jim Dotson (R)
479-644-0740, email
[email protected]

Representative Charlotte Vining Douglas (R)
479-632-2187, email
[email protected]

Representative Jon S. Eubanks (R)
479-438-0533, email
[email protected]

Representative Justin T. Harris (R)
479-871-8542, email
[email protected]
 
Representative Debra Hobbs (R)

479-636-3982, email
[email protected]

Representative Richard Womack (R)
870-403-6287, email
[email protected]

Senator Cecile Bledsoe (R)
479-636-2115, email
[email protected]

Senator Jim Hendren (R)
479-787-6222, email
[email protected]

Senator Bart Hester (R) 

479-531-4176, email
[email protected]

Senator Bruce Holland (R)
479-996-0977
[email protected]

Senator Jeremy Hutchinson (R) 

501-773-3760, email
[email protected]

Senator Jason Rapert (R)
501-336-0918, email
[email protected]

Senator Gary Stubblefield  (R)
479-635-4314
[email protected]

Senator Jon Woods (R)

479-200-3100, email
[email protected]

Also, call and or email the House Committee on Judiciary members:

(D) Representative Marshall Wright, Chair, Dist.49, 117 South Washington Street,  

Forrest City, AR 72335-3811 Business/FAX 870-633-3141 Residence 870-630-2033 [email protected]

(D)Representative John T. Vines, Vice Chair, Dist.25, 123 Market Street, Hot Springs, AR 71901-5308 Business 501-624-1252 [email protected]

(D) Representative Darrin Williams, Dist.36, 11311 Arcade Drive, Suite 200, Little Rock, AR 72212-4082 Business 501-312-8500 Residence 501-372-6939 FAX 501-312-8505 [email protected]  

(D) Representative Jim Nickels, Dist.41   

P. O. Box 6564 Sherwood, AR 72124-6564 Business/Residence 501-833-2424 Fax 501-834-2712 [email protected]

(D) Representative Nate Steel, Dist.19,  

102 North Main Street, Nashville, AR 71852-2001 Business 870-845-1870 FAX 870-845-3355 [email protected]

(R) Representative Mary L. Slinkard, Dist.92, 10422 Virden Lane, Gravette, AR 72736-9631 Cell 479-616-2010 [email protected]

(R) Representative Matthew Shepherd, Dist.6, 423 North Washington Avenue, El Dorado, AR 71730-5615 Business 870-862-3478 Cell 870-814-2080 FAX 870-862-7228 [email protected]

(D) Representative John W. Walker, Dist.34, 1723 Broadway Street, Little Rock, AR 72206-1220 Residence 501-614-9772 FAX/ 501-374-4187  [email protected]

(R) Representative Sue Scott, Dist.95,  

1412 Hilltop Farms Lane, Rogers, 72756 Phone 479-621-1265 Email [email protected]

(R) Representative Jeremy Gillam, Dist.45, 1825 Missle Base Road, Judsonia, AR 72081-9169 Business 501-729-0042 Residence 501-940-5757 FAX 501-729-3361 [email protected]

(D)Representative D. McElroy, Dist.11, 2645 Highway 138 East, Tillar, 71670

Phone 870-644-3822 Email [email protected]

(D)Representative David Kizzia, Dist. 26, 124 West 2nd Street, Malvern, 72104  

Phone 501-337-9959 Email [email protected]

(D)Representative Stephen Magie, Dist.72, P. O. Box 1506, Conway, 72033 Phone 501-327-4444 Email [email protected]

(R) Representative Charlene Fite, Dist.80, 531 Pine Cliff Drive, Van Buren, 72956  

Phone 479-414-1818 Email [email protected]

(R) Representative Bob Ballinger, Dist. 97, 1757 Madison 7150, Hindsville, 72738  

Phone 870-423-1035 Email [email protected]

(D) Representative John Baine, Dist.7, P. O. Box 10056, El Dorado, 71730 Phone 870-862-2002 Email [email protected]

(D) Representative Wes Wagner, Dist. 54 P. O. Box 909, Manila, 72442 Phone 870-561-4600 Email [email protected]

(R) Representative Micah S. Neal, Dist. 89,  

P. O. Box 1912, Springdale, 72765 Phone 479-935-5550 Email [email protected]

(D) Representative Mary Broadaway, Dist. 57, 924 West Court Street, Paragould, 72450 Phone 870-236-9800 Email [email protected]

(D),Representative Monte Hodges, Dist.55,  

P. O. Box 773, Blytheville, 72316 Phone 870-763-1322 Email [email protected]

[email protected]

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HB1348 was introduced to allow foreign law to be used, as long as there is no conflict with the Public Policy of Arkansas: The fundamental rights and liberties granted to Arkansas citizens and residents found in the Bill of Rights of the US Constitution and other amendments and Declaration of Rights, Arkansas Constitution, Article 2, are fundamental human rights that transcend jurisdiction. There is no reason to allow foreign law into the Arkansas court system.

The model legislation for HB1348 appears to have come from the American Public Policy Alliance.  This same legislation was introduced last session as SB97 which died in committee.  

The Arkansas Public Policy Panel is a statewide  organization dedicated to achieving social and economic justice by organizing citizen groups around the state, educating and supporting them to be more effective and powerful, and linking them with one another in coalitions and networks. The panel seeks to bring balance to the public policy process in Arkansas.

The American Public Policy Panel mission statement comes right out of the Agenda 21 textbooks. American Public Policy Alliance and Arkansas Public Policy Panel are both pushing to influence Public Policy of Arkansas. 

 
Conclusion: HB1348 is a bad law. At no time should foreign law be allowed to come into the Arkansas court system. IfPublic Policy of Arkansas changes, it could allow Sharia law to come into the Arkansas court system.

What is Public Policy?

Public policy is commonly embodied “in constitutions, legislative acts, and judicial decisions.”  

   

Public Policy Legal Definition

The term “public policy” can be defined as “the principle of law that holds no citizen can lawfully do that which has a tendency to be injurious to the public or against the public good.” Herndon v. TIAA-CREF Individual & Institutional Servs., LLC, 654 F. Supp. 2d 400, 405 (W.D.N.C. 2009) A principle that no person or government official can legally perform an act that tends to injure the public.

Public policy manifests the common sense and common conscience of the citizens as a whole that extends throughout the state and is applied to matters of public health, safety, and welfare. It is general, well-settled public opinion relating to the duties of citizens to their fellow citizens. It imports something that fluctuates with the changing economic needs, social customs, and moral aspirations of the people.

Public policy enters into, and influences, the enactment, execution, and interpretation of legislation.

The legislators can change public policy anytime they want.

 Definitions of Public Policy and the Law

 

 Bouvier’s Law Dictionary 1856

POLICY, PUBLIC. By public policy is meant that which the law encourages for the promotion of the public good.

2. That which is against public policy is generally unlawful. For example, to restrain an individual from marrying, or from engaging in business, when the restraint is general, in the first case, to all persons, and, in the second, to all trades, business, or occupations. But if the restraint be only partial, as that Titius shall not marry Moevia, or that Caius shall not engage in a particular trade in a particular town or, place, the restraint is not against public policy,, and therefore valid. 1 Story, Eq. Jur. §274. See Newl. Contr. 472

The Free Dictionary

Public Policy (Law)  

A portion of HB1348 is listed below. The text that is marked in red should raise a red flag.

The question you need to ask is: “Why are our legislators attempting to bring foreign law into the Arkansas courts and who does it benefit.”

From page 1 of HB1348:

23   SECTION 1. DO NOT CODIFY. Legislative findings. 

24    The General Assembly finds that: 

25    (1)(A) While fully recognizing that judgments and rulings issued by

26    foreign courts and foreign judicial bodies may be recognized and enforced if 

27    those judgments and rulings do not conflict with the public policy of 

28    Arkansas, the General Assembly also recognizes that this recognition is given 

29    as a discretionary accommodation to that foreign nation and not afforded as a

30    right.

31     (B) As a matter of public policy,

 the recognition and 

32     enforcement of a foreign judgment or ruling is limited to the extent that its 

33    enforcement would not directly conflict with the public policy of Arkansas;

From page 2 of  HB1348:  

1     Constitution, Article 2, are fundamental human rights that transcend 

2jurisdiction. 

3(B) When determining whether to recognize or enforce a foreign 

4

judgment or ruling, it is in the best interest of Arkansas and the public 

5

policy of Arkansas to first determine whether the parties affected by such an 

6enforcement or recognition have been afforded comparable protections, 

7including without limitation due process and equal protection, by the foreign 

8law or legal system upon which the judgment or ruling was based; and 

9(3) It is in the best interest and public policy of the state of

10

Arkansas and its citizens to ensure that before the state of Arkansas 

11recognizes and uses its police power to enforce a foreign decree, judgment, 

12or ruling that it is determined whether the law or legal system upon which 

13the decree, judgment, or ruling is based provides the same or similar 

14fundamental liberties, rights, and privileges afforded parties in this state 

15seeking or defending the same or similar decree, judgment, or ruling.

16

17      SECTION 2. Arkansas Code Title 16, Chapter 55, Subchapter 1, is 

18      amended to add an additional section to read as follows: 

19    16-55-123. Application of foreign law, legal code, or system. 

20(a) As used in this section, “foreign law, legal code, or system”

21means any law, legal code, or system of a jurisdiction outside of any state, 

22territory, or commonwealth of the United States, including without limitation 

23international organizations and tribunals, and applied by that jurisdiction’s 

24courts, administrative bodies, or other formal or informal tribunals.

25  (b) Any court, arbitration, tribunal, or administrative agency ruling 

26or decision violates the public policy of this state and is void and 

27unenforceable if the court, arbitration, tribunal, or administrative agency 

28bases its ruling or decision in the matter at issue in whole or in part on 

29any foreign law, legal code, or system that would not grant the parties 

30affected by the ruling or decision the same fundamental liberties, rights, 

31and privileges granted under the United States Constitution and the Arkansas 

32Constitution.

33(c) A contract or contractual provision capable of severability that 

34provides for the choice of a foreign law, legal code, or system to govern 

35some or all of the disputes between the parties adjudicated by a court of law 

36or by an arbitration panel arising from the contract mutually agreed upon

From page 3 of HB1348:

1violates the public policy of this state and is void and unenforceable if the 

2foreign law, legal code, or system chosen includes or incorporates any 

3substantive or procedural law, as applied to the dispute at issue, that would 

4not grant the parties the same fundamental liberties, rights, and privileges 

5granted under the United States Constitution and the Arkansas Constitution.

6(d)(1) A contract or contractual provision capable of severability 

7that provides for a jurisdiction to grant the courts or arbitration panels in 

8personam jurisdiction over the parties to adjudicate any disputes between 

9parties arising from the contract mutually agreed upon violates the public

10policy of this state and shall be void and unenforceable if the jurisdiction 

11chosen includes any foreign law, legal code, or system, as applied to the 1

2dispute at issue, that would not grant the parties the same fundamental 

13liberties, rights, and privileges granted under the United States

14Constitution and the Arkansas Constitution. 

15(2) If a resident of this state who is subject to personal 

16jurisdiction in this state seeks to maintain litigation, arbitration, agency, 

17or similarly binding proceedings in this state and if the courts of this 

18state find that granting a claim of forum non conveniens or a related claim 

19violates or would likely violate the fundamental liberties, rights, and 

20privileges granted under the United States Constitution and the Arkansas 

21Constitution of the nonclaimant in the foreign forum with respect to the 

22matter in dispute, then it is the public policy of this state that the claim 

23shall be denied. 24(e) This section does not apply to a corporation, partnership, or

25other form of business association.

Many of the legislators have stated that HB 1348 would not allow foreign law into the Arkansas Courts. This is not true. The legislators are also saying that the only things that would be used are the US and Arkansas Constitutions. Again, this is not true.

The public policy of Arkansas is also used and this can be changed at any time by the legislators. We should only use the US Constitution and the Arkansas Constitution in the court system.  If our legislators were truly trying to block Sharia law from coming into Arkansas, they should have used HB1253 from the state of South Dakota. HB1253 reads: “No court, administrative agency, or other governmental agency may enforce any provisions of any religious code.” 

Securing the blessings of liberty,

[email protected]

Arkansas.SecuretheRepublic.com

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