Jerry Brown's candidacy

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Jerry Brown, former governor and current mayor of Oakland, is running for California Attorney General. But if he wins as expected (with the support of talk show host Michael Savage!), there may be quite a battle in court. From the Political Vanguard:Jerry Brown is not qualified to be Attorney General because:

1. AG's must have been 'admitted to practice to the CA Supreme Ct.' for the 5 years immediately preceding the Election (CA Gov't Code Sec. 12503);

2.  Jerry Brown's law license was legally inactive 2 out of the last 5 years;

3. Ca Supreme Ct. definition of  'admitted to practice ' — The CA Supreme Court gave us a 2 part test:  "It is self—evident, we think, that said provision requires as a fundamental qualification  . . . that the candidate for such position [1] be qualified as an attorney [2] actually entitled to practice in the state courts"  for the 5 years immediately preceding the election.  (click here for an explanation of Johnson v. State Bar of California (1937) 10 Cal.2d 212, 216).  The Supreme Court also has said  'An inactive member of the State Bar, of course, is not entitled to practice law."  Conway v. State Bar of California (1989) 47 Cal.3d 1101, 1111.  Jerry Brown meets part #1 but was inactive 2 out of the last 5 years and therefore does not meet part #2.  As a result, he is not qualified.  Points and Authorities in support of our case.

If he wins the election and is found ineligible to serve, will the second place winner (presumably Republican Chuck Poochigian) take office? Or would the Governor (presumably Arnold) get to appoint his own choice?

California continues to be the entertainment capital of the world, including the political world.

Hat tip: Tom Schwieckert

Thomas Lifson   10 25 06

Jerry Brown, former governor and current mayor of Oakland, is running for California Attorney General. But if he wins as expected (with the support of talk show host Michael Savage!), there may be quite a battle in court. From the Political Vanguard:Jerry Brown is not qualified to be Attorney General because:

1. AG's must have been 'admitted to practice to the CA Supreme Ct.' for the 5 years immediately preceding the Election (CA Gov't Code Sec. 12503);

2.  Jerry Brown's law license was legally inactive 2 out of the last 5 years;

3. Ca Supreme Ct. definition of  'admitted to practice ' — The CA Supreme Court gave us a 2 part test:  "It is self—evident, we think, that said provision requires as a fundamental qualification  . . . that the candidate for such position [1] be qualified as an attorney [2] actually entitled to practice in the state courts"  for the 5 years immediately preceding the election.  (click here for an explanation of Johnson v. State Bar of California (1937) 10 Cal.2d 212, 216).  The Supreme Court also has said  'An inactive member of the State Bar, of course, is not entitled to practice law."  Conway v. State Bar of California (1989) 47 Cal.3d 1101, 1111.  Jerry Brown meets part #1 but was inactive 2 out of the last 5 years and therefore does not meet part #2.  As a result, he is not qualified.  Points and Authorities in support of our case.

If he wins the election and is found ineligible to serve, will the second place winner (presumably Republican Chuck Poochigian) take office? Or would the Governor (presumably Arnold) get to appoint his own choice?

California continues to be the entertainment capital of the world, including the political world.

Hat tip: Tom Schwieckert

Thomas Lifson   10 25 06