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Tuesday, August 14, 2018

 

Page 3

 

Supreme Court Denies Review in Action Challenging Becerra’s Eligibility

 

By a MetNews Staff Writer

 

The California Supreme Court has denied review in the case in which Los Angeles attorney Eric P. Early is contending that appointed incumbent Xavier Becerra is ineligible for the office of state attorney general and that his name should be removed from the Nov. 6 ballot.

It acted late Friday.

Early’s position is based on Government Code §12503, which provides:

“No person shall be eligible to the office of Attorney General unless he shall have been admitted to practice before the Supreme Court of the state for a period of at least five years immediately preceding his election or appointment to such office.”

The lawyer—who came in last in a four-person race in the June 5 primary—has argued that Becerra “will have only been an active member of the State Bar for one year, ten months and five days, having otherwise been on inactive status for 26 straight years prior.” His position is that Becerra was not “admitted to practice” while on inactive status because it would have been a misdemeanor to have practiced law during that period.

The Supreme Court received expedited briefing from both sides last week.

Early commented yesterday:

“The Court of Appeal took eight days to deny our writ and then the California Supreme Court requested immediate briefing on this important case.  Writs are never easy to get, much less when the Supreme Court is involved. We will continue to fight this case of first impression. Our state’s top legal officer must be more than a professional politician who just happens to have a law degree.” 

After the Sacramento Superior Court denied a writ of mandate, Early and his committee filed a writ petition in the Third District Court of Appeal, but also indicated it might appeal from the Superior Court’s decision.

 

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