Thread: California Bar weighs illegal immigrant's application

Lawyers are SUPPOSED to be officers of the court.

California Bar weighs illegal immigrant's application
By The Associated Press
Posted: 07/07/2011 09:41:29 PM PDT
Updated: 07/07/2011 11:05:34 PM PDT


A California State Bar panel is considering whether an illegal immigrant who passed the exam to practice law should be admitted despite his status.

The case of Mexican-born Sergio Garcia could be the first reviewed by the panel since California began asking applicants about their immigration status in 2008, the Daily Journal reported Wednesday.

Garcia attended college in Chico and passed the Bar exam in July 2009. Since then, he has been waiting to see if he can be admitted even though he is an illegal immigrant. He now works as a paralegal.

Garcia was brought to the United States by his parents when he was 17 months old, said Erica Tomlinson, his immigration attorney. He has been sponsored for legal status by a relative, but the process could take another five to 15 years.

"It's not a fun way to live," Garcia told the legal newspaper.

The panel could review Garcia's case as soon as today to decide whether to certify him. If certified, the state Supreme Court would subsequently decide whether to accept him.

Several attorneys who focus on ethics said they were unaware of such cases in the past, but Garcia's may not be the only one pending. Non-citizens can be admitted to the Bar, and in the past some illegal immigrants were approved without disclosing their status, the Journal reported.



http://www.dailynews.com/ci_18437257

What's to weigh???? It's against the law to knowingly hire someone in the country illegally.

The irony is much too great here to even consider this to be real. Is this satire? A state licensing agency - governing officers of the court - which members are morally and legally obligated to uphold the rule of law; is considering issuing a license to someone who is not legally allowed to work in this country, is working illegally in this country, and has entered this country in violation of our immigration laws?

Do I have that correct?

Originally Posted by TexasBorn

What's to weigh???? It's against the law to knowingly hire someone in the country illegally. :evil:

I don't want to see him here, but,
admitting someone to the bar is NOT giving them a job.
He still would have to get hired by a law firm, which they can't legally do,
or start his own law practice.
I don't know who is supposed to check your ID if you start your own company.
I guess you look at your ID and look in the mirror and say, yep, that's me.

I tried to find what the BAR says about this but no luck.

The State Bar of California

Created by the state legislature in 1927, the State Bar is a public corporation within the judicial branch of government, serving as an arm of the California Supreme Court. All State Bar members are officers of the court.

Membership in the State Bar of California affords attorneys the right and privilege of practicing law in this state. The bar's integrated network of functions and services — many of them mandated by law — protects the public and assists attorneys in meeting their professional obligations.

http://www.calbar.ca.gov/

I found the requirements to be admitted to the BAR.

THE STATE BAR OF CALIFORNIA COMMITTEE OF BAR EXAMINERS/OFFICE OF ADMISSIONS
180 Howard Street • San Francisco, CA 94105-1639 • (415) 538-2303 1149 South Hill Street • Los Angeles, CA 90015-2299 • (213) 765-1500

ADMISSION TO PRACTICE LAW IN CALIFORNIA BY ATTORNEYS ADMITTED TO PRACTICE IN THE UNITED STATES

The requirements for admission to practice law in California are contained in the Rules Regulating Admission to Practice Law in California (Rules). The following is a summary of the requirements for attorneys who are admitted in other states or jurisdictions of the United States. For the specific requirements, please refer to the Rules.

To be admitted to practice law in California, an attorney applicant must comply with the requirements outlined in the Rules, which include:
1) registration as an attorney applicant;
2) a positive moral character determination;
3) passage of the Multistate Professional Responsibility Examination (MPRE); and,
4) passage of the California Bar Examination. Additionally, an applicant must not be certified by the State Department of Social Servicesas being in non-compliance with a court ordered child or family support obligation.

There is no requirement of citizenship or residency.

Attorney applicants admitted in other states or jurisdictions of the United States who have been admitted in active status in good standing four years immediately preceding the first dayof the administration of the California Bar Examination, may elect to take the Attorneys' Examination, which is of two days duration and consists of six essay questions and the two performance test questions from the California Bar Examination.

Attorney applicants admitted less than 4 years must take the General Bar Examination,which is of three daysdurationand consistsof six essay questions, two performance test questions and a 200-item multiple-choice Multistate Bar Examination portion. Attorneys qualified to take the Attorneys' Examinationmay choose to take the California Bar Examination instead of the Attorneys' Examination. As the first step, attorney applicants must register with the Committee of Bar Examiners through the Internet by accessing the application through the Admissions’ portion of The State Bar of California’s Web site at www.calbar.ca.gov/admissions , prior to filing anapplication either to take the California Bar Examination or for a moral characterdetermination. Please refer to Rule IV, Sections 1 and 2, Rule V, Section 3 and Rule VIII,Section 2 of the Rules. A fee is required at the time the registration application issubmitted.

A determination regarding an attorney applicant's eligibility to take either theCalifornia Bar Examination or Attorneys' Examinationwill be madebased upon submissionof current Certificates of Good Standing from the jurisdiction(s) to which the applicant hasbeen admitted.The California Bar Examination is administered in February and July of each year.Applicationsare only available online by accessing theAdmissions’ portion of the State Barof California’s Web site at www.calbar.ca.gov/admissions . Applications are availableOctober 1 of the prior year for the February examination and March 1 for the Julyexamination. The timely filing deadline is November 1 for the February examination andApril 1 for the July examination.
--------------------------------------------------------------------------------
Page 2
BULLETIN RE ADMISSION TO PRACTICE LAW IN CALIFORNIA BY ATTORNEYS ADMITTED TO PRACTICE IN THE UNITED STATES
Page 2
The scope of subjects tested on the examination, grading information and other importantadmission information is available online at the Web page address noted above. No syllabus or reading list exists; however, various study aids are available to assist inpreparation for taking the examination, which are also available on the Admissions’ Webpages.The MPRE is administered by the National Conference of Bar Examiners. Scores received on that examination in other states may be transferred to California for purposes of qualifying for admission to practice law in California. Additional information regarding the California MPRE requirements is available through the Internet through the Admissions’ Web pages at http://calbar.ca.gov/calbar/pdfs/admiss ... sf0301.pdf and at the NationalConference of Bar Examiners’ Web site found at www.ncbex.org . 75SF/0805

http://search.calbar.ca.gov/search?start=0&restrict=&client=default_frontend&s ite=public_
collection&output=
xml_no_dtd&num=10&filter=1&ie=&lr=&oe=&proxystyles heet=default_frontend&q=cache:ucuaxjB6W3kJ:
http://admissions.calbar.ca.gov/LinkCli ... to+the+bar

The second one, positive moral character. The person is in the country illegally, working as a paralegal in violation of current US law. Wouldn't that show he has no positive moral character? He can't even follow the laws of the country he wants to be a lawyer in.

How can someone be deemed of "positive moral character" when they have and are working in this country in violation of our immigration laws, not to mention, entered this country in the same manner. If one is so willing to disregard labor, as will as immigration law, what other laws are likely to be ignored or disregarded when inconvenient to adhere to. There are many laws that attorneys in this state are required to follow, including a slew of laws on California legal ethics.

I guess the term "positive moral character" is a subjective one, up to the state bar to determine. California is wacked to be sure, but not so wacked as yet to allow this invader admission to the state bar.

The American Bar Association doesn't state if citizenship is or isn't required, that I see.


Instructions for Bar Admissions - Supreme Court of the United States

Attached is the form for your personal application statement, as required by Supreme Court Rule 5.2, including space for endorsement by two sponsors. The sponsors must be members of the Bar of this Court who know you personally and are not related to you by blood or marriage. The U.S. Supreme Court Trip Chair, Mr. Hugo Pfaltz, will move your admission.

You must obtain a certificate of good standing from the presiding judge, clerk, or other authorized official of the highest court of a State, Commonwealth, Territory or Possession, or of the District of Columbia, evidencing the fact that you have been a member of the Bar of such court for at least three years and are in good standing. An application will be considered current for one year from the date of the clerk’s certificate. After that time the papers will be returned. Do not submit a Bar Association certificate in place of the clerk’s certificate. Submit a certificate from one state if admitted in multiple jurisdictions.

Supreme Court Rule 5 provides, in part:

1. To qualify for admission to the Bar of this Court, an applicant must have been admitted to practice in the highest court of a State, Commonwealth, Territory or Possession, or the District of Columbia for a period of at least three years immediately before the date of application; must not have been the subject of any adverse disciplinary action pronounced or in effect during that 3-year period; and must appear to the Court to be of good moral and professional character.

2. Each applicant shall file with the Clerk (1) a certificate from the presiding judge, clerk, or other authorized official of that court evidencing the applicant’s admission to practice there and the applicant’s current good standing, and (2) a completely executed copy of the form approved by this Court and furnished by the Clerk containing (a) the applicant’s personal statement, and (b) the statement of two sponsors endorsing the correctness of the applicant’s statement, stating that the applicant possesses all the qualifications required for admission, and affirming that the applicant is of good moral and professional character. Both sponsors must be members of the Bar of this Court who personally know, but are notrelated to, the applicant.


3. If the documents submitted demonstrate that the applicant possesses the necessary qualifications, and if the applicant has signed the oath or affirmation and paid the required fee, the Clerk will notify the applicant of acceptance by the Court as a member of the Bar and issue a certificate of admission. An applicant who so wishes may be admitted in open court on oral motion by a member of the Bar of this Court, provided that all other requirements for admission have been satisfied.

4. Each applicant shall sign the following oath or affirmation: I, .................................................. ...... , do solemnly swear (or affirm) that as an attorney and as a counselor of this Court, I will conduct myself uprightly and according to law, and that I will support the Constitution of the United States.

IF YOU ELECT TO BE ADMITTED IN OPEN COURT, do not complete the written Motion For Admission. Return your application and the required certificate to the ABA Senior Lawyers Division. A staff person from the Senior Lawyers Division or from the Bar Admissions Office will notify you if there are questions concerning your submission.

BAR CERTIFICATE. The Certificate evidencing admission to the Bar of this Court contains the following words: “. . . in the year of our Lord, two thousand.â€

United States Bar Association
www.unitedstatesbarassociation.com/

Federal Bar Association
www.fedbar.org/

American Bar Association
www.americanbar.org/