Posted on 10/18/2006 11:06:17 PM PDT by Names Ash Housewares
OAKLAND - Republicans are set to file a lawsuit Thursday in Sacramento County Superior Court that seeks to disqualify Oakland Mayor Jerry Brown from holding the state attorney general's office.
The suit, to be filed by Tom Del Beccaro, chairman of the Contra Costa County GOP, will assert that Brown, a Democrat, will run afoul of a state law if he wins next month because he reactivated his status in the State Bar in May 2003.
Government Code section 12503 declares that no person is eligible to be attorney general unless "he shall have been admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding his or her election to the office."
(Excerpt) Read more at sacbee.com ...
As seen time and time again, laws only apply to Republicans. Democrats can do as they wish.
This is good news.
Every time Jerry Brown is mentioned, why do I think of Linda Ronstadt?
I wasn't. Sounds like a good move to me. Arnold would just as likely have appointed someone more liberal than Brown. If this is held up, then we get Poochigian. Everyone wins.
Sounds to me like they did. My guess is that the timing is strategic. Whatever the court rules, they can now run ads in the critical closing weeks that Jerry Brown hasn't practiced as an attorney for years at a time. Of course, if the ruling goes our way, then his ballots can't be counted.
They have it.
Making it more likely to be denied.
OOOOOPS.
(snip)
The law is NOT as Brown’s consultant told the Sacramento Bee last night that Brown need only be “admitted to the bar.” There is a difference and the law matters.
Brown’s consultant either misreads the law or knows full well that Jerry Brown does not meet the minimum qualifications for election as Attorney General. In fact, for whatever reason, Jerry Brown chose not to meet the basic requirement for the full five years. Brown has only had an active law license for about 3 ½ years, far less than the minimum five years required. When his law license was inactive, Brown could not appear as a lawyer before any of California’s courts.
According to our Supreme Court:
“An inactive member of the State Bar, of course, is not entitled to practice law, and the involuntary enrollment of an attorney on inactive status thus operates as a temporary suspension from the practice of law.”
Further, our Supreme Court also ruled, in a similar case – reviewing the same requirement and operative language, that if an attorney is under suspension, that attorney specifically does not meet the above eligibility requirement. Why did our California Supreme Court rule that way? Because, according to the Supreme Court:
It is self-evident, we think, that said provision requires as a fundamental qualification . . . that the candidate for such position be qualified as an attorney actually entitled to practice in the state courts.
Brown was not so qualified.
I predict that the court will drag this out past the election and then rule against Brown thereby vacating the office. Arnold Schwarzenegger will then appoint Susan Kennedy to the office of Attorney General.
"LOL. Savage will be bummed he wasted the dough--he's going to need it soon."
Who? Savage?
You may remember him as Weener, a footnote in some books about obscure radio hosts.
What a lazy sucker! I'll bet you anything he went inactive because he didn't want to meet the continuing education requirements.
The problem is, that law only applies to Republicans. Moonbeam is home free.
ROFL. Has she finished night school for a bachelor's degree yet? Or did she give that one up?
Best to take the route of her boss--mail order degree.
Likely, but mean. Anything to deny a Republican to an executive office in California?
-PJ
That's gonna leave a mark...
Either that or he was cheap and didn't want to pay the annual dues.
that's what they should have done with Strickland in Ohio.
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