Thursday, October 17, 2013

The Sergio Garcia Saga Continues: The California Supreme Court Vacates Submission of the Case, Asks for More Briefing

At the Lectern reports that the California Supreme Court yesterday vacated submission and requested additional briefing in In re Garcia, where the court will decide whether undocumented immigrants can be licensed to practice law in California. After extensive briefing completed in September 2012, the Court heard oral arguments in the case on September 4 of this year.

The Supreme Court vacated submission in the case in light of new legislation, AB 1024, which expressly gives the court the authority to admit to practice an otherwise qualified applicant “who is not lawfully present in the United States."

The order states that ”the parties are requested — and the amici curiae are invited — to file by November 15 supplemental briefs “addressing the effect of the recently enacted legislation on this proceeding.” Replies to the supplemental briefs can be filed by December 2. The court’s order provides that the matter will be resubmitted on January 2 – the day after AB 1024 takes effect — which means the court will have until April 2 to file an opinion.


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