May 22, 2012, - 12:01 pm
It’s kind of ironic that someone here in violation of the law wants to engage in the practice of law . . . and may soon be able to do so. In most states, that very fact would be grounds for automatic disbarment. But not in the granola state, where fruits, nuts, flakes, and everything else that’s absurd is the order of the day. The California Supreme Court may soon rule that an illegal alien can be licensed to practice law in the State of California.
This is the natural progression of the current Obama immigration position. He will not allow Immigration and Customs Enforcement (ICE) to arrest illegal aliens unless they have a very violent criminal record. And, now, they are enjoying all of the rights of American citizens, including probably becoming attorneys and members of the California Bar. That’s the story with illegal alien Sergio Garcia.
The California Supreme Court on Wednesday unanimously agreed to consider whether an undocumented immigrant should be admitted to the State Bar.
Sergio Garcia’s parents brought him to the United States when he was a young child, according to his attorney, Jerome Fishkin of Fishkin & Slatter in Walnut Creek. He graduated from law school and passed the California bar exam in 2009. The Committee of Bar Examiners has recommended Garcia’s admission, which means that he has received a positive moral character determination. . . .
The court has asked for briefs from Garcia and the Committee of Bar Examiners on five questions: Does federal law preclude an undocumented immigrant’s admission to the State Bar? Does state law allow undocumented immigrants to obtain professional licenses in various fields, including the law and medicine? Does a law license imply that its holder can legally practice in California? Are there any legal or “public policy” limits on the immigrant’s ability to practice law? Do any other concerns arise if undocumented immigrants are allowed to practice?
How sad that the Court agreed to hear the case. Even sadder that the Court has asked whether the law precludes an illegal alien from becoming a licensed attorney in any state bar in the U.S. Saddest that our laws apparently don’t explicitly preclude this.
California is not alone in this. Florida’s Supreme Court is also considering admitting illegal alien Jose Godinez-Samperio to its bar.
Both of these men are here illegally from Mexico. Think an American illegal alien in Mexico would be admitted to practice law there? Puh-leeze. He/she’d be laughed out of the country. And no court would even consider the request.
Time for Congress and State Legislatures to step up to the plate and make this specifically and explicitly illegal (but, hey, they made staying here in the cases of both of these men specifically and explicitly illegal–and, yet, both of them are still here . . . and seeking bar admission).
And time for the California Supreme Court to say no to people who are here unlawfully.
The Irreverent Lawyer has more analysis, but, sadly, that site supports the the admission of these illegal aliens to their respective state bars.
Only in America.
Tags: California, Fishkin & Slatter, Florida, Illegal Aliens, illegal aliens to become lawyers, Immigration, Jerome Fishkin, Jose Godinez-Samperio, lawyers, Mexico, Sergio Garcia, State Bar of California, State Bar of Florida