Fed Court: First Amendment Protects Engineers Expert Testimony Without a License
techdirt.com
techdirt.com
Adding a government-imposed pre-judgement of that seems bad.
Forbidding people who don't pass the pre-judgement from speaking in court at all seems worse.
Full disclosure: I am not an accredited engineer.
California law doesn't seem to make the sort of distinction either, for example:
720. (a) A person is qualified to testify as an expert if he has special knowledge, skill, experience, training, or education sufficient to qualify him as an expert on the subject to which his testimony relates. Against the objection of a party, such special knowledge, skill, experience, training, or education must be shown before the witness may testify as an expert. (b) A witness' special knowledge, skill, experience, training, or education may be shown by any otherwise admissible evidence, including his own testimony.
721. (a) Subject to subdivision (b), a witness testifying as an expert may be cross-examined to the same extent as any other witness and, in addition, may be fully cross-examined as to (1) his or her qualifications, (2) the subject to which his or her expert testimony relates, and (3) the matter upon which his or her opinion is based and the reasons for his or her opinion.
In all honesty this doesn't help non-engineers larping as engineers. It just means, you have the right to present yourself as something you're not, even if it's a lie.
If the case involved a field where a PE is standard, the expert witness should 100% have that license. However that’s a small number of sub-fields in practice and doesn’t necessarily correlate with practical experience.