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