#1 Lawmakers OK noncitizens on juries
08-20-2013, 04:22 AM
- Join Date
- Jun 2008
The Hispanic Caucus is officially in charge of California:
Lawmakers OK noncitizens on juries
Sacramento — State lawmakers pressed ahead with controversial immigrant-rights legislation Monday, including a measure that would open up jury pools to noncitizens who have proof of residency and a separate bill to protect unauthorized immigrants when they seek legal help to stay in the U.S.
The full Senate vote approved permitting noncitizens to serve on juries as long as they are legal residents. If signed into law, California would become the first state in the nation to take such a step.
Supporters compare the existing ban to long-discarded policies barring women, nonwhites, older citizens and gays from the jury box. Noncitizens can serve as judges and lawyers, they add. Critics called it premature and unnecessary.
The 25-11 vote sends Assembly Bill 1401 back to the full Assembly for concurrence with Senate amendments.
Separately, the Senate Business, Professions and Economic Development Committee unanimously passed legislation carried by Assemblywoman Lorena Gonzalez, D-San Diego, that would impose standards on lawyers and consultants who work with immigrants seeking legal status as Congress debates the “pathway to citizenship” and other immigration reforms.
Gonzalez said her Assembly Bill 1159 is aimed at pre-empting what she already sees as unscrupulous practices by lawyers and consultants advertising they can help those in the country illegally comply — even before the federal law is enacted. Billboards advertising such services are already up near the border with Mexico.
“This is a problem today,” she said.
San Diego County Deputy District Attorney Gina Darvas, who is part of the local consumer protection unit, said in a telephone interview that fraud against undocumented immigrants “has been on ongoing problem” that includes taking money without performing services, being able to fast track paperwork even before a new federal law is enacted, and claiming to be an attorney when they are not,
Although her office does not have a position on the bill, Darvas said the fraud could become more widespread as Congress continues the debate on reforms. “For fraud to be a success, there has to be a grain of truth. They will spin it and there will be a scam around it,” she said.
The bill would impose restrictions on fees, require more disclosure in terms of services rendered, and mandate that contracts be in English and the native language of the client, among other requirements. Non-lawyers could not advertise as a “notario” because in some languages that word translates into a type of lawyer.
The American Immigration Lawyers Association testified in opposition, saying the bill goes too far and needs more work. For example, a restriction on advance payment is not fair because background checks must be conducted first, which takes time, said Ignacio Hernandez, its representative. He urged lawmakers to consider requiring an advisory that lawyers and consultants would have to provide potential clients in advance stating their rights.
Sen. Mark Wyland, R-Solana Beach, supported the bill. “There ought to be some mechanism at some point to protect them ... I see this as consumer protection ... There’s going to be enormous emotional incentive (to apply). It will be ripe for fraud,” he said.
The measure now goes to the Senate Judiciary Committee, perhaps Thursday. Gov. Jerry Brown has not taken a position on either bill.
08-20-2013, 04:42 AM
- Join Date
- Apr 2005
Talk about the complete and utter break down of the rule of law.
08-20-2013, 08:52 AM
People who sponsor laws like this are traitors and should be taken to the fucking border and booted over.
Other than that...I'm fine with it.May the FORCE be with you!
08-20-2013, 10:07 AM
More Brown on the Constitution.
08-20-2013, 03:47 PM
Sounds like grounds for a mistrial, to me. "Your honor, I am a citizen of the United States, not a resident. My peers are citizens. I object to the presence of non-citizens on the jury."
OTOH, for many of them, it will be the first time seeing the courtroom from that side of the jury box.--Odysseus
Sic Hacer Pace, Para Bellum.
Before you can do things for people, you must be the kind of man who can get things done. But to get things done, you must love the doing, not the people!
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