Actually, assuming that the article is correct, they have broken Federal and state laws with this, in three ways:
1) there’s a requirement under the law to notify the government that such a court exists and is operating.
2) there’s a requirement under the law that representatives (”lawyers”) be licensed by the government
3) there’s a requirement under the law that the court operates in a non-discriminatory manner.
Again, if the article is true then laws have been broken, one of which (licensing of the representatives) is a felony. The state needs to step in, shut the courts down and prosecute to the fullest extent of the law.
I don’t see how this new law really acts to strengthen the protections already in place. What would be helpful, I think, is a law strengthening the ability of the state to conduct oversight of such tribunals (regardless of whether they are Islamic, or Judaic or Trekkie ...) to ensure that those involved in them understand the voluntary nature of them, their rights under federal/state/local law (which is supreme), and avenues for seeking federal/state/local redress if appropriate.
I have had some slight association as an expert witness in mediation hearings, usually as a preliminary step to arbitration or trial.
My limited understanding is that in Florida they have pretty strict regulations for mediation and arbitration.
If they have something similar in Texas, then prosecute them when they break those laws.
I’m not sure about #1. I suspect it would depend on how the law defined “a court.”
I suspect #2 varies by state and by whether the meeting is considered a legal proceeding. If it’s not legal in any sense, why would licensed attorneys be required?
As for #3, if it’s not legally classified as a court, why can’t it discriminate?
To: berdie“Just because it is voluntary, if it breaks US law...they lose in the courts.”It does not break any US laws.99 posted on Sun Mar 22 2015 01:01:35 GMT-0500 (CDT) by Oliviaforever[ Post Reply | Private Reply | To 89 | View Replies | Report Abuse]
Oliviaforever wrote in post #99 above that the tribunals didn’t break any US laws.
But Tanknetter brought out four ways that they are breaking the us law.
One, the one about unlicensed lawyers, is the very one that the mayor is checking.
Breitbart article above has the part about the unlicensed lawyers.
I agree. Sharia courts are legal malpractice. Perps deserve long, long, long jail terms