Des Moines, IA – Today Iowa judge, Kevin Parker, denied immigration activist Cesar Vargas’ request to be released from probation that would have allowed him to be admitted into the NY bar.
During the short hearing, the Polk County prosecutor argued that Mr. Vargas inconvenienced the state of Iowa by requesting a trial and jury. Additionally, he stated that probation was an inconvenience for Mr. Vargas and that was not a sufficient reason to be released early and thereby requesting special treatment.
Mr. Vargas’s attorney, Glen Downy, shot bck saying his client was not requesting special treatment but that any person has a right to request to be early from probation under Iowa Code 907.9 if they satisfy all probation requirements.
Ultimately, the judge denied the motion simply saying that he hasn’t ever approved anyone’s request to be released from probation even though Mr. Vargas’ had satisfied all requirements and was not required to report to any probation.
«Sadly justice did not prevail today. I could be contributing more as an attorney but the judge and prosecutor stuck to shortsighted mechanics than what would be best for society. It is even more unfortunate for the prosecutor to say that requesting a jury trial is an inconvenience to the state. I am not sorry the Constutition is an inconvenience to the prosecutor; it is these type prosecutors, who lose sight of justice, that the Constitution protects us from,» said Cesar Vargas.
Mr. Vargas could be release in 6 months unless the county prosecutor pushes against this release. With the Iowa hearing finalized, it is up to NYS to decide whether or not to proceed with admission as they still have the power to admit.
