Penal Code 1016.5 requires a statement the plea may trigger adverse immigration consequences. Judges commit judicial misconduct when they violate this statute when they erroneously misinform the defendant that it will do so. They are ignorant of the specific defendants immigration status or immigration consequences of a particular plea, and therefore have no idea whether the plea will or will not result in deportation or other consequences. In the worst case, a defendant is eligible for a waiver of deportation, but mistakenly believes the judges blind misadvice that deportation is mandatory, and fails to seek immigration counsel, discover he can get a waiver, and save his status and life here. Many offenses are not in fact deportable. It is blatantly untrue that every plea automatically triggers deportation. Judges giving false advice to defendants commit judicial misconduct. Judges are not immune from censure for misconduct. Moreover, those judges are also committing the misdemeanor of practicing law without a license by giving actual legal advice (this plea will get you deported) when they have lost the legal right to practice law by taking the bench. Theyre giving legal advice that may well be mistaken, and doing so without any investigation of the facts or law necessary to render a valid legal opinion on that complicated question. Theyre also interfering in the attorney- client relationship by giving legal advice that may be at odds and often should be with defense counsels presumably accurate immigration advice.

 

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