This is one of the stupidest articles Ive read in a while. A license to practice law is no more a title of nobility than a license to practice medicine, a license to install electrical service, a license to sell firearms, or a license to cut hair.
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Maybe, but many states have “separation of powers” provisions. This usually means that legislators cannot serve in executive positions at the same time as serving in the legislature. I have always wondered why this doesn’t apply to “Officers of the Court” serving in the legislative branch.
Any ideas?
Because the phrase "officer of the court" doesn't mean that every lawyer is a member of the judicial branch. They are not appointed by the President, confirmed by the Senate, or paid out of the public treasury. It's just a phrase meaning that courts have the power to discipline lawyers who practice before them for professional misconduct.
The “officer of the court” terminology simply means that the attorney has an obligation to be extremely forthright when dealing with courts as attorneys. It’s not like we get a badge or something. Yes, generally the state supreme court determines who gets to practice law in that state. But the legislature and/or executive determines who gets to practice medicine. Does that mean that doctors should be disqualified from public service in the branches of government that did not issue their licenses?
The Executive Branch of state government controls the issuance of drivers’ licenses. Does that mean state legislators and judges must give up their cars during their tenure, so they won’t be under the control of the executive?
I don’t think you find many lawyer legislators who, at the same time that they hold legislative office, also are judges or represent clients in court. In fact, I believe there are rules in at least some jurisdictions that prohibit it.
That would seem to take care of your separation of powers concern — a rule providing that a lawyer is not permitted to practice law when serving in public office.
Or, are you suggesting that anyone who ever was a lawyer should be barred from public office?
That would be a lot more repugnant to our Constitution.