FOR IMMEDIATE RELEASE
May 29, 2018
CONTACT: Matt Cunningham
Xavier Becerra Is Legally Ineligible To Be Attorney General and Should Be Kept Off The November Ballot, According to Lawsuit
Suit Filed By A.G. Candidate Eric Early and his attorneys Steve Cooley and R. Rex Parris cites Becerra’s failure to meet the minimum requirements set out in the California Constitution and Government Code.
LOS ANGELES, CA – Appointed incumbent Xavier Becerra is constitutionally ineligible to hold the office of Attorney General and should be precluded from appearing on the November 2018 general election ballot, according to a lawsuit filed by Attorney General candidate Eric Early.
The lawsuit was filed this morning in Sacramento Superior Court by former Los Angeles County District Attorney Steve Cooley and noted litigator R. Rex Parris, who are representing Early. See the link below. The lawsuit states that Becerra “does not and cannot meet the minimum eligibility requirements for the position of Attorney General.” Becerra was an “inactive” member of the California Bar for 25 years, from 1991 to 2016.
The lawsuit cites Government Code 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 office.” As of the November 6, 2018 general election, Becerra will have only been so entitled for a period of one year, ten months and five days.”
This eligibility requirement was added to the California Constitution in 1966 in order to close a loophole under which the state Constitution didn’t specifically require the Attorney General be admitted to practice before the state Supreme Court.
“The law is the law, and the state Attorney General, more than anyone, must be subject to it,” said Early. “The law must be applied equally to everyone, no matter how politically inconvenient. If we just look the other way when the state’s chief law enforcement officer is in violation of the law, then the message to California’s citizens is that there’s one standard for the rulers and a different one for the ruled.”
“This is not a ‘technical’ violation,” said Cooley, who served as Los Angeles County District Attorney from 2000 to 2012. “The Constitution mandates this requirement to ensure the Attorney General possesses the minimum legal experience to competently discharge his duties. Becerra doesn’t come close to meeting that standard.”
“Prior to being appointed Attorney General, Becerra hadn’t practiced law in a quarter of a century. According to the California Constitution, he is clearly ineligible to be Attorney General,” said Cooley. “We’re simply asking the court to apply the law.”
You can access a copy of the lawsuit by clicking this link: https://www.dropbox.com/s/95toeiv0ih5l0p8/
The Primary Election is June 5, 2018. Absentee ballots have already been sent in the mail. Support Eric Early for California Attorney General. It is time for a common sense Republican in Sacramento.
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