Challenging California's Attorney General

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By Douglas V. Gibbs
Author, Speaker, Instructor, Radio Host
Recent Email:

Subject: Re: Lawsuit Seeks to Oust Trump-Hating California AG Xavier Becerra | The American Spectator

This is good information to know and keep in your files, although it will mean nothing to the State reprobates who constantly change the rules as they destroy our Natural Rights, and falsely claim they are representing the People of California.

"Resistance to tyrants is obedience to God." Thomas Jefferson 

On May 24, 2019, at 12:19 AM, Mark **** <**********@verizon.net> wrote:

Back in May 2018 Early’s campaign filed an emergency petition with the Superior Court for the County of Sacramento to keep Becerra off the general election ballot. The petition was denied by Judge Richard Sueyoshi two months later.

But this past May, Early’s attorneys filed an appeal with the Court of Appeal of the State of California, Third Appellate District.

Early’s legal team points out that Section 12503 of California’s Government Code states, “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.” [emphasis added]

According to Early’s brief, a copy of which was provided to this writer, Becerra “was an inactive member of the California State Bar and unable to practice law for 26 years between January of 1991 and January of 2017.” Becerra only became “active” again when he became attorney general in January two years ago. That means Becerra lacked the required five years of real-world legal experience at the time he was appointed, elected, and sworn in after the general election.

https://spectator.org/lawsuit-seeks-to-oust-trump-hating-california-ag-xavier-becerra/?utm_source=American Spectator Emails&utm_campaign=85aa08a5da-EMAIL_CAMPAIGN_2019_05_23_05_00&utm_medium=email&utm_term=0_797a38d487-85aa08a5da-104520165

*****

GOVERNMENT CODE - GOV

TITLE 2. GOVERNMENT OF THE STATE OF CALIFORNIA [8000 - 22980]

  ( Title 2 enacted by Stats. 1943, Ch. 134. )

DIVISION 3. EXECUTIVE DEPARTMENT [11000 - 15986]

  ( Division 3 added by Stats. 1945, Ch. 111. )

PART 2. CONSTITUTIONAL OFFICERS [12001 - 12790]

  ( Part 2 added by Stats. 1945, Ch. 111. )

CHAPTER 6. Attorney General [12500 - 12661]

  ( Chapter 6 added by Stats. 1945, Ch. 111. )

ARTICLE 1. General [12500 - 12504]

  ( Article 1 added by Stats. 1945, Ch. 111. )

12500. The annual salary of the Attorney General includes all services rendered ex officio as member of any board or commission.

(Amended by Stats. 2007, Ch. 142, Sec. 24. Effective January 1, 2008.)

12502.

The Attorney General may appoint and fix the salaries of such Assistant Attorneys General, Deputy Attorneys General, service agents, experts, and technical and clerical employees as he deems necessary for the proper performance of the duties of his office. Each appointee is a civil executive officer.

(Added by Stats. 1945, Ch. 111.)

12503.

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.

(Added by Stats. 1966, 1st Ex. Sess., Ch. 161.)

12504.

The Attorney General shall not engage in the private practice of law, nor shall he be associated directly or indirectly with any attorney in private practice, but instead he shall devote his entire time to the service of the state.

(Added by Stats. 1966, 1st Ex. Sess., Ch. 161.)

https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=GOV&division=3.&title=2.&part=2.&chapter=6.&article=1

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