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AZ SB1026
Bill
Status
1/11/2010
Primary Sponsor
Russell Pearce
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AI Summary
SB 1026 Summary
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Prohibits Arizona courts from using, referring to, or incorporating religious sectarian law (including Sharia Law, Canon Law, and Halacha) or foreign law from countries outside the United States as controlling or influential authority in judicial decisions.
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Makes any judicial decision or private agreement determination that relies on religious sectarian law or foreign law null and void, appealable error, and grounds for judicial impeachment and removal from office.
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Applies the restrictions to federal courts sitting in diversity jurisdiction and exempts Anglo-American legal tradition, statutes based on U.S. founding principles, and common law inherited from Great Britain.
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Defines "foreign body" to include the United Nations, European Union, International Court of Justice, International Monetary Fund, and other international organizations, and "foreign law" as statutes or case law from outside the United States unless properly ratified as a treaty.
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Establishes legislative findings asserting state sovereignty over court regulation under the Tenth Amendment and directs courts to interpret the act to maximize state authority over Arizona courts while minimizing federal authority to impose foreign or religious law.
Legislative Description
Judicial determinations; applicability
Last Action
Referred to Senate JUD Committee
1/12/2010