Thread: Should Florida allow an illegal alien to practice law?

Should Florida allow an undocumented immigrant to practice law?


by Opinion Staff
Jose Godinez-Samperio, who grew up in Hillsborough, is trying to gain admission to the Florida Bar, but is being denied because of his immigration status. The Florida Supreme Court will decide.

On Thursday, the California Supreme Court unanimously agreed to grant a law license to Sergio Garcia, a 36-year-old man whose parents brought him to this country from Mexico as a young boy and who does not have legal status. The decision surely raised hopes for supporters of a Florida man in the same situation.

Jose Manuel Godinez-Samperio’s parents came here from Mexico on a tourist visa when he was 9. Like many of America’s undocumented, the mother and father entered legally but overstayed their visa.

Mr. Godinez-Samperio went on to become an Eagle Scout and high school class valedictorian, and to obtain a law degree from Florida State University. He passed the Bar exam. By every standard except one, he is qualified to be a member of the Bar.

In 2008, however, the Florida Bar Board of Examiners began requiring proof of legal status.

Mr. Godinez-Samperio has challenged the rule. His attorney, former Florida State University Law School and American Bar Association President Talbot “Sandy” D’Alemberte, argues that the Florida Supreme Court never granted the Bar power to ask about legal status as a qualification for admission. He further argues that President Barack Obama’s mid-2012 decision to grant “deferred status” to those like Mr. Godinez-Samperio means that his client should be admitted.

During arguments before the Florida Supreme Court in October 2012, however, the justices seemed worried that federal law bars the hiring of undocumented immigrants.

The court has yet to rule. Justices on the California case were similarly wary last fall during arguments in Mr. Garcia’s case. Both high courts have the final say in who can practice law.

But last fall, spurred by the Garcia case, California Gov. Jerry Brown backed legislation that allows the court to grant law licenses to immigrants who are not yet citizens.

The legislation passed, and the California court thus granted Mr. Garcia his license. The Florida Legislature could pass a similar law. Or the Florida Supreme Court could decide that legal status should not disqualify someone who is otherwise well-qualified to be a lawyer.

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- See more at: http://blogs.palmbeachpost.com/opini....uaIQLrcr.dpuf

http://www.alipac.us/f12/new-york-co...-alien-291834/