December 31, 2013

Undocumented immigrant law license opinion filing Thursday

The Supreme Court is wasting no time filing its opinion concerning the bar admission application of Sergio Garcia, who would most likely have long been a practicing lawyer if not for his undocumented immigration status.  As pointed out yesterday and earlier, that status looked to be an insurmountable barrier between Garcia and a law license until the Legislature passed and the Governor signed legislation specifically authorizing the Supreme Court to admit to practice “an applicant who is not lawfully present in the United States.”

Because of the new legislation, which was enacted after the Supreme Court heard oral argument regarding Garcia’s application, the court vacated submission of the matter, asked for supplemental briefing on the legislation’s impact, and scheduled resubmission for this Thursday, the day after the legislation takes effect.

The resubmission gives the court until the beginning of April to file an opinion, but, when the court vacated submission and asked for more briefing, we said it would not be surprising to see an opinion soon after January 2.  However, we didn’t predict an opinion filing on January 2, which is what the court this morning announced it will do.

The Garcia opinion can be viewed online Thursday beginning at 10:00 a.m.


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