To: Enterprise
The court should slap Brown and Lockyer down. But I don't think it will.
The California Supreme Court is, for a court in California, quite conservative and literal in most interpretations of the state constitution. The state legislature had every opportunity to change this before the election, the candidate signed the statement indicating that he met all conditions for the position he was running for, and a prospective AG arguing that he wasn't aware of an aspect of the law? Don't think that'll fly.
The only issue before the court will be about the state bar itself. For a time there, it was effectively nonexistent. Does that interruption nullify the constitutional requirements? That's the coin flip, I think. I wish I paid more attention which years the state bar had their problems.
25 posted on
10/24/2006 12:01:29 PM PDT by
kingu
(No, I don't use sarcasm tags - it confuses people.)
To: kingu
"The only issue before the court will be about the state bar itself. For a time there, it was effectively nonexistent. Does that interruption nullify the constitutional requirements?" Excellent point. I believe Governor Wilson may have cut or reduced funding to the State Bar, and it may have been restored by Governor Davis. My gut feeling is tha the Bar was functioning by the time Brown filed for the A.G. position. I'll have to try to research it later. I found a little here though.
"Wilson vetoes fee bill; bar moves to secure funding"
link
26 posted on
10/24/2006 1:06:16 PM PDT by
Enterprise
(Let's not enforce laws that are already on the books, let's just write new laws we won't enforce.)
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