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An illegal immigrant applying for a law license in California should be allowed to receive it, the State Bar of California argues in a filing to the state Supreme Court.
Sergio Garcia, 35, of Chico, Calif., has met the rules for admission, including passing the bar exam and the moral character review, and his lack of legal status in the United States should not automatically disqualify him, the Committee of Bar Examiners said Monday.
“I know what the policy ought to be, which is that … someone who doesn’t have the right to be in the United States shouldn’t be admitted to the bar, period,” Mark Krikorian, executive director of the Center for Immigration Studies, a Washington think tank that supports tighter immigration controls, told msnbc.com in late April.
“This is trying to steal a base. In other words, they’re trying to skip over the debate over whether people in his situation should get legalized,” he added. “It’s one more way of trying to create a de facto legalization.”
Generally disbarment is imposed as a sanction for conduct indicating that an attorney is not fit to practice law, willfully disregarding the interests of a client, or engaging in fraud which impedes the administration of justice. In addition, any lawyer who is convicted of a felony is automatically disbarred in most jurisdictions, a policy that, although opposed by the American Bar Association, has been described as a convicted felon's just deserts.
Crossing the border into the United States without first applying for a visa or green card is a federal crime.
Originally posted by benrl
He did this on his own Merit, he met the requirements.
Oh my goodness! An illegal immigrant should not be barred from receiving a license to practice law? Are we in the freaking "Twilight Zone?" The law is the law, and these lawyers are supposed to uphold the law! Yet, it is the California State Bar Association representing this aspiring lawyer's case?
I solemnly swear (or affirm) 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
It is the duty of an attorney to do all of the following:
(a) To support the Constitution and laws of the United States and of this state.
(b) To maintain the respect due to the courts of justice and judicial officers.
(c) To counsel or maintain those actions, proceedings, or defenses only as appear to him or her legal or just, except the defense of a person charged with a public offense
(i) To cooperate and participate in any disciplinary investigation or other regulatory or disciplinary proceeding pending against himself or herself.
(k) To comply with all conditions attached to any disciplinary probation, including a probation imposed with the concurrence of the attorney.
(l) To keep all agreements made in lieu of disciplinary prosecution with the agency charged with attorney discipline
Originally posted by Jean Paul Zodeaux
I ask the question again: Is practicing law illegal?
Is it unlawful?
Penalties for Practicing Without a License
State laws vary, but practicing without a valid, current license may be punishable by:
•Jail or prison time
•Permanent loss of the license (if the violation was temporary)
What about the practice of law would reasonably require a licensing scheme to begin with?
States issue licenses for the practice of many professions, with the goal of protecting the public by requiring certain training and experience before someone receives a license. Doctors, dentists, nurses, lawyers, veterinarians, engineers, nurses, midwives, funeral directors, pharmacists—all of these professionals, and many more, must be licensed by their state. If they aren’t, they may be guilty of practicing without a license.
I would be far more worried about all licensed attorneys than one single one applying for such a license simply because of their residential status.
I would believe that without the license....yes.
Originally posted by benrl
reply to post by Jakes51
I don't fear illegals like some on here do though.
edit on 19-6-2012 by benrl because: (no reason given)
So, if that attorney is a defense attorney, hired to defend a person charged with a crime by the awesome machinery of the state, that attorney has a huge conflict of interest, owing fealty to both the state that has charged the person, and to the person charged with a crime.
I would say there is no conflict. The defense attorney's duty to the state is to uphold the constitution which grants the person charged the right to counsel.