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Greenwell v. Davis11/22/2005
7, 818 (1985). "The Full Faith and Credit Clause does not compel 'a state to substitute the statutes of other states for its own statutes dealing with a subject matter concerning which it is competent to legislate.'" Sun Oil Co. v. Wortman, 486 U.S. 717, 722 (1988). We note that the constitutional test is less stringent than the Second Restatement's "most significant contacts" test. Since both Arkansas and Texas have significant contacts with the transaction in question, the Full Faith and Credit Clause does not mandate the application of either Texas law or Arkansas law.
Further, the Full Faith and Credit Clause "does not require a state to apply foreign statutes that conditionally waive sovereign immunity, particularly when the foreign statute would produce a result 'in violation of [the forum state's] own legitimate public policy.'" K.D.F., 878 S.W.2d at 593; see Franchise Tax Bd. v. Hyatt, 538 U.S. 488, 499 (2003) (declining to engage in balancing of the States' competing sovereign interests when the forum court "sensitively applied the principles of comity with a healthy regard for [the other state's] sovereign status" and concluded that the other state's sovereign immunity statute would violate the forum state's public policy); Hall, 440 U.S. at 421. While there are specific limitations on the sovereignty of the States, one State's immunity from suit in the courts of another State is nothing more than a matter of comity. Hall, 440 U.S. at 425. While the United States Supreme Court noted that interstate comity is a principle worth promoting, it recognized that requiring the forum state to honor another state's sovereign immunity when it violates the forum state's public policy would "constitute the real intrusion on the sovereignty of the States." Id. at 426--27. Therefore, if Arkansas sovereign immunity violates the public policy of Texas, the Full Faith and Credit Clause does not require Texas courts to apply the Arkansas statute.
VI. The Arkansas Statute Does Not Violate Texas Public Policy
The Texas Supreme Court has held that Texas will extend comity to another state unless that state has declined to extend comity to Texas or other states under the same or similar circumstances or the extension of comity would violate Texas public policy. K.D.F., 878 S.W.2d at 594--95; State of New Mexico v. Caudle, 108 S.W.3d 319, 321 (Tex. App.---Tyler 2002, pet. denied).
This case highlights the unique characteristics of the City of Texarkana as a community straddling the state line between Texas and Arkansas. Although one community, Texarkana consists of two separate cities located not only in separate counties, but in separate states. Each city has its own police department that enforces the separate laws of the State of Texas or Arkansas, respectively, as well as separate city ordinances.
Although separate, the two police departments often need to cooperate in joint efforts. Indeed, the two police departments are even housed in the same building, the Bi-State Justice Building. The eastern portion of the Bi-State Justice Building is located within Arkansas, but the western portion of the Bi-State Justice Building is located within Texas. Both Texas and Arkansas have passed legislation relinquishing exclusive jurisdiction over the portion of the facility located within the respective geographical boundary of each state. Arkansas and Texas both recognize concurrent jurisdiction over the geographical areas of both states located within the Bi-State Justice Building. See Ark. Code Ann. § 12-49-301 (2005); Tex. Loc. Gov't Code Ann. §§ 361.021--.029 (Vernon 1999). Often the police departments must aid each other in order to achieve their common goal of law and orde
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