California State Bar embraces lawlessness (illegal immigrant can become a licensed attorney?)

American Thinker ^ | 06/20/2012 | Thomas Lifson

[SeekAndFind]

The slippery slope leading down from rule of law to tyranny has been getting a lot of lubrication lately. The President of the United States bypassing the Constitution to announce he will not enforce immigration law for a category of offenders has sent a signal that is affecting others who ought to be part of the bulwark against tyranny. Bookworm, a California lawyer herself, has noticed that something very alarming just happened in the Golden State.

It turns out that, in Obama's America, the federal executive branch is not the only government agency that has no use for explicit laws. In California, the State Bar is vigorously arguing that it doesn't need no stinkin' laws either. Let's begin this discussion with the law itself.

Under California law (Calif. Bus. & Prof. Code sec. 6068), a licensed attorney is obligated to support both federal and state laws:

It is the duty of an attorney do to all of the following: (a) To support the Constitution and laws of the United States and of this state.

Attorneys cannot plead ignorance of this requirement, as they must expressly state this obligation as part of the oath of office they take as a prerequisite to becoming fully licensed (Calif. Bus. & Prof. Code sec. 6067):

"I solemnly swear that I will support the Constitution of the United States and the Constitution of the State of California, and that I will faithfully discharge the duties of an attorney and counselor at law to the best of my knowledge and ability."

Put simply, California requires that, to practice as an attorney, the licensee must orally and explicitly promise that he or she will to support, not break, either state or federal law.

[SeekAndFind]

With this in mind, how in the world can the State Bar of California argue that an illegal immigrant should become a licensed attorney? Shouldn't both the Bar's and the newly licensed attorney's first obligation be to turn the attorney in for violating explicit federal immigration laws?

An illegal immigrant who passes the bar exam and demonstrates good moral character should be eligible to practice law, the State Bar has declared in a court filing.

The bar, which oversees California's 225,000 lawyers, told the state Supreme Court on Monday that federal law leaves regulation of the legal profession largely up to the states and does not appear to prohibit Sergio C. Garcia, 35, of Chico from obtaining an attorney's license.

[snip]

[SeekAndFind]

This link from the San Francisco Chronicle is the original news.

TITLE: State Bar says let illegal immigrant practice law

Excerpt

---

An illegal immigrant who passes the bar exam and demonstrates good moral character should be eligible to practice law, the State Bar has declared in a court filing.

The bar, which oversees California's 225,000 lawyers, told the state Supreme Court on Monday that federal law leaves regulation of the legal profession largely up to the states and does not appear to prohibit Sergio C. Garcia, 35, of Chico from obtaining an attorney's license.

Garcia was 17 months old when his parents brought him to the United States from Mexico. He returned to Mexico with them at age 9, came back at 17, put himself through college and law school and passed the bar on his first try in 2009. He has been working as a paralegal.

His father, now a legal U.S. resident, sponsored Garcia's application for legal status and a green card in 1994. Garcia told an interviewer last year that he expects to wait another five to 15 years for approval.


Sergio Garcia was born in Mexico and smuggled into the United States by his parents as an infant.

[Cletus.D.Yokel]

I suppose one could petition the 9th Circus to decertify the California Bar.

I’ll wait for the laughter to subside....

[Yashcheritsiy]

Keep in mind, folks, that the only candidate who really supports upholding our laws and our borders and not giving amnesty (under whatever name) to illegals is Virgil Goode.

[DAC21]

225,000 shysters in California is the real story.

[FlingWingFlyer]

...put himself through college and law school...

Anybody want to buy a bridge?

[Mouton]

Perhaps the meaning was he either attended the courses he took or actually passed the bar on his own. How anyone with that background could get through both college and law school ON THEIR OWN is highly unlikely.

[Iron Munro]

Deport him.

This is a job we know Americans will do.

And we already have more than enough law breaking criminals “practicing” law.

[Carry_Okie]

Were I the governor, I would immediately decertify the State bar.

[Carry_Okie]

I suppose one could petition the 9th Circus to decertify the California Bar.

I don't think that is Constitutionally a Federal matter, but you bring up an interesting point about the confluence of State and Federal laws. My take is that it's up to Moonbeam.

Let the laughter burgeon...

[Cletus.D.Yokel]

My thought was that the 9thCCA could decertify in regards to Federal Courts.

Thank you! I’ll be here all week. Tip your waitresses!

[SeekAndFind]

RE: Were I the governor, I would immediately decertify the State bar.

The California constitution gives the governor the power to do that??

[NormsRevenge]

The Law is like Vapour here in California.. Just inhale.. and feeeel the moment

[Carry_Okie]

The California constitution gives the governor the power to do that??

As a matter of administering State licensing, I would think so.