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Lithos Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 12:04 AM
Original message
Orly Taitz question...
Ok, I know she has a degree from a non-ABA accredited school. And I've read that California allows people from a non-accredited school to sit for the Bar, which she did and somehow miraculously passed. My question is this, does Georgia have the same lax accreditation rules as California? I thought California was fairly unique. (Read Alabama also does not require accreditation, but Georgia?

I ask because of the recent events in Georgia makes me wonder how she even was allowed to present a case there.
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blondeatlast Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 12:19 AM
Response to Original message
1. Kick because I'm interested as well. nt
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dmr Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 12:22 AM
Response to Original message
2. I'd like to know too
:kick:
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question everything Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 12:22 AM
Response to Original message
3. I think that this is the same with physicians
from overseas. Once you pass the relevant tests, you can practice. And, at least with physicians, the difficulty of the test varies each year, depending on the shortage, or excess of physicians.
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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 12:24 AM
Response to Original message
4. Federal court rules control federal court appearances: Motion Pro Hac Vice
Edited on Wed Oct-14-09 12:31 AM by TexasObserver
If she is licensed in federal court in California, typically she would file a Motion Pro Hac Vice in the Georgia federal court, and receive permission from that court to appear in that case.

She would not be able to practice in Georgia STATE courts, of course.

In response to the motion pro hac vice, the judge issues a specific grant of authority to allow the lawyer to appear in this judge's federal district court - which is not in the district in which the lawyer is licensed. You get licensed by district for the trial court level of federal courts. Once licensed by one district, it's easy to get licensed by other districts and to get granted one's Motion Pro Hac Vice to appear in other districts around the country.
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Lithos Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 01:12 AM
Response to Reply #4
8. Thanks
Thought Federal Courts required a different standard beyond just state certification to appear. Guess not. This certainly explains how she got to appear in Georgia. Fairly sure the Judge now will inspect the education credentials of anyone petitioning from California to see if they came from an accredited school.

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TexasObserver Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 03:29 AM
Response to Reply #8
12. You have to be admitted to federal court, AFTER you become a lawyer.
Edited on Wed Oct-14-09 03:54 AM by TexasObserver
Most lawyers are not licensed to practice in federal court, and that means all levels and types of federal court, including bankruptcy. You have to apply for admission to a district, and then upon providing recommendations and such, they require you to take a set of materials for practice in federal courts, and you become licensed in federal court. All this happened in the 1970s for me, so it may have changed, but I feel sure the basic process is unchanged.

You just don't mess around in federal court. I am truly shocked that she went on Behar and called the judge "delusional and corrupt." OMG! I can imagine his phone starting ringing about ten seconds later. "She said WHAT?!"

I noticed a comment below by Hepburn indicating she'd read the court's order allowing Orly to file on an emergency basis. I haven't read that order, but know Hepburn to be knowledgeable about legal matters and court procedures, so place high confidence in her opinion. While the motion pro hac vice is the standard way to appear in a federal court in which one is not licensed, the court can always grant a lawyer the right to be heard on an emergency basis.
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Warren DeMontague Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 12:25 AM
Response to Original message
5. Given the amounts she's likely to rack up in fines
maybe this isn't such a bad idea for some of our debt-ridden states.
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Monk06 Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 12:43 AM
Response to Reply #5
7. She's a one woman stimulus package. Think of all the extra court interpreters they need to hire.
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MiniMe Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 02:27 AM
Response to Reply #5
9. Fines which she has said she is not paying
Then they are going to have to pay to jail her
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slampoet Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 12:25 AM
Response to Original message
6. i am under the impression law schools weren't required early in US history.......
....and that the old way of getting an apprenticeship at a Law Firm was how people passed the bar for the first century and a quarter of US history.
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csziggy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 02:41 AM
Response to Original message
10. Attorneys can get permission to be counsel in states where they have not passed the bar
It is called pro hac vice:

Pro hac vice, Latin for "for this occasion" or "for this event," (literally, "for this turn" <1>) is a legal term usually referring to a lawyer who has not been admitted to practice in a certain jurisdiction but has been allowed to participate in a particular case in that jurisdiction.

The right to appear pro hac vice is not guaranteed. Rather, the attorney wanting to practice in a jurisdiction within which he or she is not licensed must specifically request permission from the court to be able to appear as an attorney of record. This is accomplished with a motion to appear pro hac vice, in which an attorney who is licensed in the jurisdiction requests that the non-licensed attorney be admitted to practice in a particular case.

In addition to the motion, the non-licensed attorney is typically required to provide the court with a statement from his local bar association indicating that he is a member in good standing and also pay a small fee to the local bar association.

More: http://en.wikipedia.org/wiki/Pro_hac_vice


Apparently although Orly has practiced under this courtesy a number of times, she did not manage to handle things correctly in front of the judge who has ordered the sanctions since that is part of his order:

Because of the alleged urgent nature of the request, the Court waived its local rule that requires counsel admitted pro hac vice to associate local counsel. See M.D. Ga. R. 83.1.2(c)(1).3 It became apparent during the hearing on the motion that the Court’s waiver of this local rule was a mistake as counsel abused her pro hac vice privileges.

3 Ms. Taitz, a member of the California Bar, is not admitted to practice in this Court. Under this Court’s rules, an attorney may be admitted pro hac vice, as long as she associates another attorney who is admitted to practice in the Middle District of Georgia.

<SNIP>

The Clerk’s Office was burdened by Ms. Taitz’s inability to follow the Court’s rules regarding pro hac vice admission and the Court’s rules for
electronic filing. On five separate occasions in a short period, the Clerk’s Office personnel error-noticed counsel for her failure to follow simple rules.

http://www.scribd.com/document_downloads/20997067?extension=pdf&skip_interstitial=true
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Hepburn Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 02:42 AM
Response to Original message
11. Her pro hac vice status was waived by the court....
...because she requested an emergency stay. If you read Land's order, it states how and why she was permitted to file in this particular feddie court.

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zbdent Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-14-09 05:44 AM
Response to Original message
13. Actually, the degree has been found to be a bad copy photoshopped from
the diploma of David Bomford ...
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