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LawCrossing Legal Daily News Feature
Florida Bar Stuck Over Admission of Undocumented Immigrant In a case that has been flagged as ‘high profile’ by the U.S. Supreme Court, Florida, The Florida Board of Bar Examiners has sought the opinion of the court over the application of an undocumented immigrant to gain admission to the bar.
04/16/12
working for free or for legal aid also requires a lawyer’s license.
The aspiring lawyer and ‘undocumented immigrant’, Jose Godinez-Samperio, graduated from the Florida
Now what if an undocumented immigrant with integrity
State University College of Law, was the valedictorian
and academic achievements claims that I need
of the Armwood High School class of 2004, and an
admission to the bar because I feel certain people
Eagle Scout. But, his status of being an undocumented
require my expertise which I intend to provide free?
immigrant prevents his achievements from supporting
Does the system have a right to prevent a subject
his objective of becoming a lawyer. Similar cases
expert from offering such services to the needy?
are pending in California and New York from other
The rider on an undocumented immigrant is that the
students.
person has no right to officially work to earn. But can a system that allows an undocumented immigrant to gain
However, the question of law that has been raised is
subject expertise at costs to the taxpayer, also prevent
quite fascinating. Godinez, who describes himself as
that subject expert from offering pro bono services to
“undocumented, unapologetic and unafraid,” contends
taxpayers?
that while his status prevents him from working in U.S., it does not prevent him from gaining a license. He
It’s on this issue that the case has become ‘high profile’
believes that he has a right to gain a license to practice
because a lawyer’s license is something more than just
law, even though federal statutes prevent him from
another ‘license to work.’
using that license to earn a living. Sandy D’Alemberte, Godinez’s attorney and former Fine point, and brings into question whether the license
law professor, who is also a former president of the
of a lawyer pertains only to ‘earning’ or other work
American Bar Association and a former president
too. While ‘earning’ is definitely part of a professional
of FSU told the media: “It is unfair to deny him the
activity, and even though the license of a lawyer
credentials he’s earned ….(There’s nothing in the) Rules
pertains to earning by practicing as a lawyer, it is also
of the Supreme Court Relating to Admissions to the
something more. A lawyer’s license also embraces the
Florida Bar” that asks applicants to prove immigration
concepts that citizens have a right to be represented
status.
by ‘competent’ lawyers, and that pro bono efforts and
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