Does PA Constitution require Attorney General to have a law license?

COMMENT ON FACEBOOK:  “The PA state constitution clearly states that the attorney general must have a law license to serve in that capacity. Read it.

EDITOR:   The state constitution does not state the attorney general must have a law license.

Rather, Article IV Section 5 reads:

“No person shall be eligible to the office of Attorney General except a member of the bar of the Supreme Court of Pennsylvania.”

A suspended attorney in fact remains a “member of the bar.” A disbarred attorney on the other hand is no longer a member of the bar.

Kane’s license has only been temporarily suspended, and she remains “a member of the bar.”

Moreover, the Supreme Court made clear in its decision that it was not removing Kathleen  Kane from office.

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11 Comments

  1. They need to impeach her, unless they fear the truth coming out. Why else do it this way?

  2. The “good old boys” are out to get her because she did what she said she was going to do.

  3. But it was suspended, she wasn’t disbarred. And I bet she’ll win her appeal so that they will have to impeach her.

  4. The GOP in this state do not want to impeach her and are figuring out any way they can get rid of her so that the truth about them won’t come out. I hate to tell you this, but having charges filed against you does not make you guilty.

  5. If she did somethign wrong, Impeach her. Why are they afraid of that option? That is theiir right.

  6. No, you are correct, they don’t; But, certainly if you or I lost a professional license in whatever profession we were working in, it would at minimum hamper us from fulfilling our position, in addition to eroding the ability of those with whom we had to “do business” to have any confidence in using our services. Should politicians be held to a different standard simply because they have won a position via election? Public office seems to be the excuse of so many in both parties to excuse behavior that they could never get away with in private practice; deficit spending, poor ethics, cooking the books, and out-right law breaking. There is a sad “catch me if you can” attitude about these folks that is a great betrayal of our system which was designed to be populated by those who see themselves as servants of the People.

    EDITOR: Should the individual, in this case a possible reformer trying to rectify the problems you accurately describe, be thrown under the bus because others have transgressed?

  7. …No license is needed to practice law anyplace in America any time under any circumstances. And no one has the power to stop you. Its all BAR nonsense.

  8. Think about what you are saying Joe, If you don’t need a license to practice suspending something you don’t need is a moot point. Its a trick can’t you see that? High school kids are taught you don’t need a license. The History Channel just had a program about it.

  9. She has not been convicted of anything. So leave her alone. Afterall there is a presumption of innocence until proven otherwise. I suspect that this is politically motivated. She stepped on someone’s toes

  10. It is true the legislators in Pennsylvania enacted an illegal law in Pennsylvania that requires a license to practice law. However, it is illegal and covered by Preemption and Supremacy Clause by this case from 1957 and high school kids are taught in Government classes no license is needed. MCallen vs. Massachusetts 279 U.S. 620 630 Legislators Neither federal nor state may restrict the courts to “Attorneys only. The BAR Association: the people with the highest criminal conviction rate of any organization in our country.

    EDITOR: We believe there is confusion over the requirement to be admitted to the bar to practice law with clients, which has been in place in Pennsylvania and other states for centuries, with a litigant’s right to defend himself pro se in court.

  11. I am a conservative who voted for her as she seemed like she was a law and order candidate and would like to have a jury tell me if I was right or wrong. Wouldn’t you?

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