"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.

Thursday, February 23, 2017

The interesting occupational licensing case of the first illegal alien admitted in California to practice law, attorney #SergioGarcia who tried to work illegally but refused to get it documented, after his admission to the bar

This is California attorney Sergio C. Garcia - and also an illegal alien.

Here is the sum and substance of attorney licensing proceedings in California.
  1. Sergio C. Garcia applied while illegal alien, no DACA exemption
  2. California character committee supported, but for status, turned over to the court - check
  3. Obama administration - U.S. DOJ Loretta Lynch - opposed giving a license because of non-compliance with federal statutory law 8 USC 1601, California did not legislatively opt out
  4. California legislatively opted out - check if just for attorne
  5. Obama/DOJ still opposed - there is no point to give a professional license when the federal government did not give a work authorization
  6. the license was still given, but attorney Garcia cannot work as an illegal alien without work authorization
  7. Taxpayer money wasted on:
    1. character committee
    2. US DOJ opposition
    3. on California AG support of the petition
    4. Court work
    5. Legislative work - to result in a license given to an illegal alien who still cannot use it because he cannot work.

Here is the chronicle of this astounding waste of time and taxpayer money - the court docket of Sergio Garcia admission-to-the-bar court case in California:

There is even a brief by a center fighting for lesbian rights - even though Mr. Garcia appears to be very male.

Here is their claimed interest in the case:

So, the LGBT right groups want illegal immigrants who are LGBT to gain professional licenses IN ORDER TO WORK - even if that is prohibited to them as illegal aliens without work authorization by federal law.

And California taxpayers had no other urgent uses for their money - like, for example, mending their dam that nearly broke drowning thousands upon thousands of people - but to have its highest court read and make a decision on this nonsense.

Mr. Garcia was represented in these proceedings by a large 800-attorney law firm out of New York City, Wilson Elser, a "professional liability" and "product liability" law firm - and I am wondering, what was their professional interest in promoting this case?

By the way, one of the filers of an amicus curiae brief is the other "trailblazer" illegal alien attorney Cesar Vargas from New York - here is a preliminary blog about his and his "coalition"'s background, and I will run a separate blog, in detail, about how it happened that Cesar Vargas was admitted to the bar.

The decision of California Supreme Court allowing Sergio Garcia to practice law came in January of 2014.

In the same "early 2014" Garcia, reportedly, was invited as a "speaker" and "role model" for students (as many other schools have done, likely as a paid speaker with all expenses paid - and I will FOIL schools who did invite him for any benefits they may have provided to him) by a private college preparatory school in San Antonio Texas.

Here is a W-9 form.

And you know why signing of that W-9 form was even necessary?

Because Garcia, knowing that he has no right to work in the U.S. - that's what the Obama administration's brief in his attorney admission proceedings explained to him in minute details, in addition to him being an attorney and having to know the law applicable to at least himself - ASKED to be paid for his speech, as an "independent contractor", so his speeches all around the country likely WERE cases of work in violation of federal law - which must trigger his deportation AND disbarment, but yet did not.

Talking about competence, honesty and integrity of attorney Sergio Garcia.

And talking about honesty and integrity of other colleges and institutions inviting Garcia - once again, I will FOIL all of those colleges for W-9, W-8ECI and W-8BEN forms signed by Garcia.

Additionally, attorney Garcia reportedly announced that he is opening a law office in Chico, California, and is planning to open another law office in Los Angeles, California.

And, California's other city, San-Francisco, fights with President Trump in a lawsuit where it asserts that, while it has a 10th Amendment right to defy federal government and harbor illegal aliens (that's a federal felony) in violation of federal criminal law, President Trump does not have a right to withhold discretionary (voluntary) federal aid to such cities, because that will be, too, a violation of the 10th Amendment.

With so many intellectuals living in California - they still created an abominable mess when they mixed illegal immigration and politics, and especially when they added to that mixture professional licensing, like with attorney Sergio Garcia.

By the way, when interviewed in 2016, attorney Sergio Gracia quoted his "former undocumented status", said that his green card application is still "pending" - but that he is "hiring people" to work for his law firm, meaning that Sergio Garcia may be avoiding accusations of illegal work by hiring others to do work in his law firm, while sharing in their profits.

I am sending a FOIA request as to the true immigration status and work authorization of Sergio Garcia and will report about it on this blog.

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