United States v. Clark

Good Law
4 F. Supp. 2d 940·98 Daily Journal DAR 7878·1998 WL 297634·1998 U.S. Dist. LEXIS 8344
United States District Court, Central District of CaliforniaJune 4, 1998SA CR 97-99-GLT (SF)California2,657 words

Opinion

Opinion

Taylor, J.

ORDER DENYING DEFENDANT’S DISMISSAL MOTION

The Court holds California’s unauthorized practice of law statute, Business and Professions Code § 6126, is assimilated as a federal crime on a military installation under the federal Assimilative Crimes Act, 18 U.S.C. § 13 (a).

I. BACKGROUND

Defendant Virginia Clark is charged with practicing law without a license while defending the military court-martial of three Marines. The government alleges a violation of California Business and Professions Code § 6126 , chargeable under the Assimilative Crimes Act (the “ACA”) since Defendant’s conduct occurred in part on a federal enclave.

The government contends Defendant is a law school graduate, but never has been admitted to any bar. The government charges Defendant purportedly represented three Marines through the early stages of their court-martial, holding herself out as a qualified lawyer, until removed for an apparent conflict of interest. Her -non-lawyer-'status was discovered thereafter.

Defendant has moved to dismiss the complaint arguing California’s unauthorized practice statute, § 6126, cannot be assimilated to become a federal crime under the ACA. This is a case of first…

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