Judges cannot enforce foreign laws that violate Texas public policy
Texas Insider Report: AUSTIN Texas Members of the public and the Legislature want to make sure Texas judges never apply foreign law in Texas courts in violation of constitutional rights and the public policy of our state said State Rep.Dan Flynn (R-Van) today notifying every Texas family law judge of the recent guidance issued by Attorney General Ken Paxton regarding limits on applying foreign law in Texas courts.
That concern is greatest where the courts are called upon to resolve families legal issues and General Paxton has provided clear direction by saying unequivocally that judges cannot enforce foreign laws that violate due process or Texas public policy said Flynn.
On June 15 2016 at Rep. Flynns request General Paxton issued Opinion #KP-0094 which addressed 19 family law situations and may be summarized as follows:
Under Texas law a court is not required in family law disputes to enforce a foreign law if enforcement would be contrary to Texas public policy or if it would violate a partys basic right to due process.
In addition the opinion states:
As a matter of law a court is without discretion to apply foreign law in a circumstance where doing so violates a partys right to due process or the clearly established public policy of this State.
The complete opinion may be found here: http://bit.ly/2914SxB
Rep. Flynn introduced bills in the last three legislative sessions to address the foreign law issue. Sometimes foreign laws are applied in Texas cases in which foreign divorce orders child support or property settlements are sought to be enforced for example. In addition sometimes spouses enter into agreements to have foreign law applied to their disputes.
Rep. Flynn is authorized to request Attorney General opinions as Chairman of the House Committee on Pensions and Investments.
New legislation would not become effective before September 2017. The Attorney Generals opinion sets out existing law in detail drawing from a lot of sources. The opinion makes it absolutely clear: There are limits on judges when foreign law comes into their courts Flynn said. I want to make sure judges know
today what the law is rather than wait over a year to put it in some code book. I will continue to study this issue as we approach the next legislative session and consider any additional measures that may be needed to guide the courts.
