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Getting Into Cuba, Getting Into the Bar: Both Just Got Easier



by David J. Elkanich View Biography
Hinshaw & Culbertson LLP View Firm Credentials
Portland Office

April 28, 2009

Previously published on April 13, 2009

I read today that President Obama is easing travel (and other) restrictions with Cuba. It reminded me of a New York-licensed lawyer who applied for admission into the New Jersey Bar a few years ago. I was surprised when his admission was denied, in part, due to prior (unsanctioned) trips into Cuba.  From a law.com article:

A self-described liberal idealist who says his three visits to Cuba in violation of federal law were acts of civil disobedience has been denied admission to the New Jersey Bar by the state Supreme Court. Zachary Sanders, who passed the New Jersey bar exam in July 2001, first was given a thumbs down by the Committee on Character, which rejected his argument that he had a right to disobey what he called the “immoral and unjust” embargo on trade and travel to Cuba.

A three-lawyer committee said, “it was crystal clear … that Mr. Sanders believes himself to be absolutely morally justified in breaking the law.” The panel said it viewed him as one who “detaches himself from responsibility to obey the law by endeavoring to distinguish the morality of the law from its legality.”

I had thought there was a similar Oregon case but I couldn’t find it with a quick search. I’ll keep looking. 

Assuming President Obama continues to ease travel (and trade) restrictions with Cuba, we may see state bars loosening their concerns over people (often young 20-something folk) have gone to Cuba.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.


 

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