On Friday, December 1, AABANY’s Litigation Committee and Judiciary Committee hosted an exclusive luncheon with EDNY Magistrate Judge James Cho at the EDNY courthouse in Brooklyn. The event was popular with AABANY members – it reached capacity within hours of the registration link being sent out! Eighteen attendees from AABANY’s membership and AABANY Executive Director were presented with an amazing opportunity to socialize with Judge Cho and each other. It was also a unique educational opportunity for the litigators in the group. It included a tour of Judge Cho’s courtroom and an exclusive Q&A with Judge Cho regarding practicing in his court. Thanks to Judge Cho and to all the AABANY members who attended.
To learn more about the Litigation Committee go to this page and the Judiciary Committee go to this page.
Contact: Rahat N. Babar, Deputy Executive Director for Policy
WASHINGTON – Today, the United States Senate confirmed Judge Loren L. AliKhan to serve on the U.S. District Court for the District of Columbia. Judge AliKhan is the first South Asian American woman to serve on this court.
“NAPABA congratulates Judge AliKhan on her confirmation,” said Anna Mercado Clark, President of NAPABA. “A former Solicitor General for the District and Judge on the District of Columbia Court of Appeals, Judge AliKhan will bring a wealth of experience in her service to the residents of Washington, DC on the U.S. District Court.”
“Judge AliKhan is the second Asian American that President Biden has nominated and confirmed to the U.S. District Court for the District of Columbia,” said Priya Purandare, Executive Director of NAPABA. “Today, President Biden has increased his record-breaking benchmark with 29 AANHPI Article III judges that the U.S. Senate has confirmed. We thank President Biden for nominating Judge AliKhan, and Delegate Norton for recommending her.”
Judge AliKhan was the first Asian American judge to sit on the District of Columbia Court of Appeals. Before her confirmation, she served as the Solicitor General of the District of Columbia, where she directed the District’s appellate litigation and has overseen more than 1,800 appeals before the D.C. Court of Appeals, the U.S. Court of Appeals for the D.C. Circuit and the Supreme Court of the United States. Judge AliKhan has the support of NAPABA’s affiliate, the Asian Pacific American Bar Association of the Greater Washington DC Area. She has been recognized with the Public Sector Trailblazer Award by the South Asian Bar Association of Washington D.C. and previously clerked for the Hon. Thomas L. Ambro on the U.S. Court of Appeals for the Third Circuit, and Judge Louis H. Pollak on the U.S. District Court for the Eastern District of Pennsylvania. Judge AliKhan is a graduate of Bard College at Simon’s Rock and the Georgetown University Law Center.
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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.
Contact: Rahat N. Babar, Deputy Executive Director for Policy
WASHINGTON – On November 29, 2023, the United States Senate confirmed Micah W.J. Smith and, on November 30, 2023, Shanlyn A.S. Park to serve on the U.S. District Court for the District of Hawaii. Mr. Smith was confirmed for a vacancy opening on January 30, 2024, and Judge Park was confirmed for opening on October 9, 2024.
“NAPABA congratulates Micah Smith and Judge Shanlyn Park on their confirmations to the U.S. District Court for the District of Hawaii,” said Anna Mercado Clark, President of NAPABA. “Judge Park becomes the first Native Hawaiian woman to serve as an Article III judge, and upon the swearing-in of Mr. Smith next year, it will be the first time in history where all the Article III judges on a U.S. District Court are AANHPI.”
“President Biden continues to extend his record of judges from the AANHPI community,” said Priya Purandare, Executive Director of NAPABA. “Today, President Biden has appointed 28 AANHPI Article III judges that the U.S. Senate has confirmed. We thank President Biden for nominating Mr. Smith and Judge Park, and Senator Hirono and Senator Schatz for recommending them.”
Micah W. J. Smith, a graduate of Kauai High School, is an Assistant United States Attorney, Deputy Chief of the Criminal Division, and Criminal Civil Rights Coordinator in the U.S. Attorney’s Office for the District of Hawaii. He has also been the office’s Chief of Appeals and Legal Strategy since 2022. Previously, Mr. Smith served as an Assistant U.S. Attorney in the U.S. Attorney’s Office for the Southern District of New York from 2012 to 2018. Earlier in his career, he was an associate and counsel at O’Melveny & Myers. Mr. Smith served as a law clerk for Justice David H. Souter on the U.S. Supreme Court and Judge Guido Calabresi on the U.S. Court of Appeals for the Second Circuit. He received his J.D., magna cum laude, from Harvard Law School and his B.A., summa cum laude, from Lock Haven University of Pennsylvania.
Judge Shanlyn Park, a graduate of Sacred Hearts Academy, has been a state court judge on the First Circuit Court on Oʻahu, Hawaiʻi, since 2021. Previously, Judge Park worked from 2017 to 2021 at the Honolulu law firms McCorriston Miller Mukai MacKinnon, L.L.P., and Gallagher Kane Amai & Reyes. From 1997 to 2017, Judge Park served as an assistant federal public defender in the Office of the Federal Public Defender for the District of Hawaiʻi. Prior to her service in that office, Judge Park was in private practice at Hisaka Stone & Goto from 1996 to 1997. She served as a law clerk for Judge Francis I. Yamashita, U.S. Magistrate Judge for the District of Hawaiʻi from 1995 to 1996. Judge Park received her J.D. from the University of Hawaiʻi William S. Richardson School of Law in 1995 and her B.A., cum laude, from Chaminade University of Honolulu in 1991.
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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.
Contact: Rahat N. Babar, Deputy Executive Director for Policy
WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) mourns the passing of Justice Sandra Day O’Connor, a trailblazer in our Nation and the first woman on the Supreme Court of the United States.
“For a generation, Justice O’Connor blazed the trail for those who thought that the highest pinnacle of the legal profession was unattainable,” said Anna Mercado Clark, President of NAPABA. “She proved that not only was it possible, but inevitable. During her tenure on the Court, she addressed the Nation’s most difficult issues and strived for consensus—a hallmark of her career both before and during her time on the Court. Even during her retirement, Justice O’Connor devoted her time to service and championed the cause of civic education—a cause that goes to the core of our democracy. On behalf of the entire NAPABA community, we send our heartfelt condolences to her family.”
Despite graduating near the top of her class at Stanford Law School, Justice O’Connor struggled to find a role within the profession and was initially offered a secretarial position. Steadily through the course of her life, she demonstrated the tenacity that led to her success. She started her legal career in public service in California and later in Arizona. She served in the Arizona Senate, becoming the first woman to ever serve as Majority Leader. Justice O’Connor then served on the Maricopa County Superior Court in 1974, ultimately being elevated to the Arizona Court of Appeals in 1979. In 1981, President Ronald Reagan nominated Justice O’Connor for the Supreme Court, and the United States Senate confirmed her nomination with a vote of 99-0. She retired from the Court in 2006.
On November 16th, 2023, AABANY hosted a Pre-Holiday Multi-Bar Association Gathering at Broadridge Financial Solutions, located at 605 3rd Avenue. This event served not only as an opportunity for members of different bar associations to come together but also represented AABANY’s continuing commitment to this year’s theme, “Embracing Wellness and Well-Being – Strengthening the Legal Profession by Investing in Ourselves.” The event was co-sponsored by the Armenian Bar Association, the Asian Pacific American Lawyers Association of New Jersey, FALA New York, the Haitian American Lawyers Association of New York,the Jewish Lawyer’s Guild, the Korean American Lawyers Association of Greater New York, the LGBT Bar of New York, the Metropolitan Black Bar Association,the New York City Bar Association, the New York County Lawyers Association, the New York State Bar Association, the South Asian Bar Association of New York, and the South Asian and Indo-Caribbean Bar Association of Queens.
Recognizing that the holiday season can be challenging for many attorneys, AABANY aimed to spread the pre-holiday cheer and create a supportive network within the legal community. The event kicked off with a Potluck Dinner, to foster a sense of community and camaraderie among attendees. Each co-sponsoring bar association brought something special to the table, contributing to the potluck, bringing to the table culinary offerings as diverse as the New York legal community. From savory dishes to sweet delights, the spread featured an array of flavors that tantalized the taste buds and sparked conversations around the communal tables. Breaking bread together, attorneys from different backgrounds shared stories and experiences, creating connections that extend beyond the legal realm.
After the Potluck Dinner, attendees settled in for a Continuing Legal Education (CLE) program, delving into crucial aspects of attorney well-being. Steering the discussion was Joseph Eng, Counsel at King & Spalding LLP and AABANY’s President-Elect. In a heartfelt address, Joseph openly shared his personal struggles with burnout and the ongoing pursuit of a healthy work-life balance. He took the opportunity to introduce the Lawyers Assistance Program by the NYC Bar, emphasizing its profound impact on the legal community. Building on Joseph’s poignant remarks, Eileen Travis, the Executive Director of the program, provided in-depth insights into the comprehensive services offered by the Lawyers Assistance Program. Following her, Sara Ellis, the Interim President of the Lawyers Depression Project, offered her perspective on the mental health and wellness challenges attorneys face. The narrative continued with Gayle Damiano, a motivational speaker, sharing compelling insights into the nuances of drug abuse and the transformative power of embracing change. The program culminated with a thought-provoking Q&A panel, allowing attendees to engage directly with the speakers. This interactive session provided a platform for meaningful dialogue, fostering a deeper understanding of the well-being resources available to legal professionals.
AABANY’s Pre-Holiday Multi-Bar Association Gathering was ultimately more than just an event—it was a testament to the legal community’s commitment to well-being and mutual support. By combining the joy of the holiday season with a focus on mental health resources, AABANY demonstrated the importance of fostering a strong, interconnected legal profession.
If you have ideas for programs or speakers on the topic of wellness and well-being, please contact President Karen Kim at karen.kim@aabany.org.
Contact: Rahat N. Babar, Deputy Executive Director for Policy
WASHINGTON – Since 1965, our Nation relied on the promise of Section 2 of the Voting Rights Act. It prohibits state and local governments from advancing any election or voting standard that discriminates on the basis of race or color. For decades, private parties brought numerous enforcement actions under Section 2, which became a critical tool to realize Section 2’s fundamental guarantee of equal voting rights for all Americans. Even the Supreme Court of the United States, as it invalidated a separate part of the Act in Shelby County v. Holder, 570 U.S. 529 (2013), recognized the ability of private parties to enforce Section 2 through litigation, observing not only that “individuals have sued to enforce [Section] 2,” but also that “Section 2 is permanent [and] applies nationwide.” And just this past term, in Allen v. Milligan, 599 U.S. _ (2023), the Supreme Court decided a Section 2 claim in favor of private litigants challenging Alabama’s congressional districting plan.
The United States Court of Appeals for the Eighth Circuit, however, seeks to chart a different course. On November 20, 2023, in a 2-1 decision that disregards decades of precedent, the court held in Arkansas State Conference NAACP v. Arkansas Board of Apportionment that private parties may not bring enforcement actions under Section 2. In its view, only the Attorney General of the United States may do so.
We disagree. Nothing in the plain text of Section 2 compels this result. Considering the long history of Section 2, coupled with Congress’s explicit countenance, the private enforcement mechanism is a central feature of Section 2’s protection of equal voting rights. The Eighth Circuit’s decision, which comes less than a year before the 2024 presidential election, risks upending widespread reliance on a core protection of the Act. If left intact, it leaves any vindication of Section 2 rights to the sole discretion of one government official rather than with the voters themselves.
While this litigation continues, NAPABA continues to call on Congress to strengthen the Voting Rights Act by restoring the Act’s coverage in the aftermath of Shelby County, maximizing the full protections for all eligible Americans to vote, and prohibiting voter suppression efforts that impact the Asian American community along with other communities of color.
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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian American, Native Hawaiian, and Pacific Islander communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.
On Giving Tuesday and through the holiday season, please support the work of the Asian American Bar Association of New York (AABANY) and the Asian American Law Fund of New York (AALFNY) to raise awareness of anti-Asian hate and violence, to advocate for solutions, and to ensure legal justice for the Asian American community. Here are some of the projects AALFNY funds:
Anti-Asian Violence Task Force
“Contributions to AALFNY benefit the work of the Anti-Asian Violence Task Force. Survivors of Asian hate crimes receive counseling and advice through the HEART program and a hate crimes reform bill was recently introduced in the New York State legislature,” notes Chris Kwok, chair of the Task Force.
AABANY’s Pro Bono Legal Clinic
“I was so taken aback by the pro bono legal clinic, just the fact that there was one for an Asian community, that I’m looking forward to ways that I can get involved if I could perhaps just volunteer for this pro bono legal clinic. It was a very healing experience for me, just to be acknowledged and to receive proper legal advice,” said a victim of an assault.
Public Interest Scholarships
“AALFNY’s funding allowed me to participate in a wonderfully educational summer working in BDS’s Immigration Practice and strengthened my commitment to a long-term career in immigration defense in the nonprofit sector,” a grateful scholarship recipient wrote.
Asian Voices Video
“The Asian Voices video co-produced by AALFNY is extremely powerful. It was poignant to see and hear survivors and family members of hate crime victims describe their experiences. Everyone should get a chance to see this video,” urges Rocky Chin.
Donations to AALFNY may be made at asianamericanlawfund.org/donate or by check to AALFNY, PO Box 161, 41 Purdy Ave., Rye NY 10580. AALFNY is a 501(c)(3) entity and donations are tax-deductible to the extent provided by law.
Your support enables us to serve the Asian American community through activities such as the AABANY Pro Bono Clinic, our Public Interest Scholarship Program which has funded more than 60 scholarships, and our support of AABANY’s Anti-Asian Violence Task Force. The Task Force’s activities include its Hate Eradication Active Response Team (HEART) which supports community members who have suffered a bias incident or hate crime and advocating for reform in hate crimes legislation. Donations can be designated for the Task Force by noting “in support of T3” or for the pro bono clinic by noting “in support of pro bono clinic.”
The Asian American Law Fund of New York was established in 1993 by the Asian American Bar Association of New York (AABANY) to create and support non-profit and charitable efforts to eliminate prejudice and discrimination and to defend human and civil rights. A copy of our latest annual financial report may be obtained, upon request, from us or from the NYS Attorney General’s Charities Bureau or (212) 416-8686. Our address is P.O. Box 161, 41 Purdy Ave., Rye NY 10580, contact donations@asianamericanlawfund.org. The NYS Charities Bureau is at 28 Liberty Street, 15th Floor, New York, NY 10005
On November 21, 2023, the IP Committee convened at Dhaba Indian Cuisine for a pre-Thanksgiving dinner. Co-Chair of the IP Committee, Jeffrey Mok, ordered family-style dishes for everyone to share. A group of law firm attorneys, in-house counsel, and students connected over aromatic and spicy Punjabi specialties. Some highlights were the paneer cheese, baigan da bharta (tandoor smoked eggplant), and lamb biryani. Conversations ranged from how AI can transform legal business models and what to do in NYC over the holidays to stories about law school reunions and career paths.
Thanks to everyone who attended the pre-Thanksgiving IP Committee dinner. Please sign up for the IP Committee mailing list and look out for the next events! To learn more about the IP Committee, please click here.
On November 15th, 2023, AABANY held its Manhattan Pro Bono Clinic at the AAFE (Asian Americans for Equality) Community Center, at 111 Norfolk Street. Our devoted volunteers gave up their Wednesday evening to give back to our community, providing free legal services and language assistance to all who came into the clinic. Volunteer interpreters and attorneys helped clients resolve a variety of issues, in the areas of housing, immigration, and civil practice.
Special thanks to the Student Outreach Committee for their postering campaign and passing out the lovely flyers which Mayer Brown printed for us! The majority of the 18 clients seen indicated in their intake forms that they came because of the flyers posted in stores, local libraries, and streets.
Though AABANY attorneys assisted with a range of interesting cases, one notable situation involved a client who sought advice on how to deal with an unresponsive attorney representing his case for unpaid wages. The litigant was represented by counsel, and AABANY attorneys couldn’t provide a second opinion about the case. Nonetheless, the volunteers provided a listening ear, carefully evaluating the client’s situation before responding with helpful advice. The attorneys advised the client to consider reaching out to the NYS Dept of Labor to file a claim and seek assistance. Moreover, they suggested the client explore the Attorney Fee Dispute Resolution Program, which provides low-cost arbitration hearings as an alternative to protracted court battles. Ultimately, this case demonstrates AABANY attorneys’ commitment to empowering clients with accessible avenues for justice. The client departed the clinic content, having obtained valuable and satisfactory advice.
As always, AABANY thanks our Pro Bono & Community Service (PBCS) Committee, AAFE, our community partners, and our dedicated team of volunteers for their continued efforts and support. We would like to recognize the following individuals, for supporting AABANY at Wednesday’s clinic:
Volunteer Attorneys:
Casey M. Lee
Francis Chin
May Wong
Yan Sin
Yen-Yi Anderson
Interpreters and Shadowers:
Angela Zhao
Daniel Kang
I-Kai Lee
Jieman Tan
Wendy Xia
Wei Huang
Yiming (Roselyn) Chen
Yuchen Zheng
AAFE:
Jiwon Youn
Elton Ye
Ling Ren
For any volunteers that were unable to make it on Nov. 18th, we hope that you will be able to join us at the next Brooklyn Pro Bono Clinic, taking place on December 2, 2023 at CPC Brooklyn Community Services. For more information, please click here.
As we bid farewell to the 2023 NAPABA Convention, we want to express our deepest gratitude to each one of you who contributed to making this event a resounding success. We welcomed nearly 2,100 attendees to Indianapolis, with nearly 700 first time Convention attendees! Your presence, engagement, and enthusiasm truly made a lasting impact.
Throughout the Convention, we witnessed the power of unity, collaboration, and the collective spirit of NAPABA. The networking, mentorship, knowledge exchange, and most importantly, the power of showing up, were all on display in real-time as we build a stronger, more connected community.
The plenary luncheons were nothing short of inspiring, featuring compelling discussions and insights from distinguished thought leaders who are not just experts from our AANHPI community, but national figures on these important issues. The session on the rights of transgender athletes provided a platform for not only understanding some of the legal complexities, but also emphasizing the humanity behind the legality. The session on law school campus discourse revealed the challenges, opportunities, and constant efforts to create inclusive and diverse environments within legal education, and could not have come at a more critical time.
At the President’s and Trailblazer Awards Reception, we honored the late David Kim and recognized six prominent and incredible trailblazers who have paved the way for others and advanced opportunities for AANHPIs at the national level.
Lastly, the Convention ended on a high note with an unforgettable celebration of our diverse community and shared achievements. At the 35th Anniversary Gala, emceed by actor, author, and activist Maulik Pancholy—who grew up in Indiana—the program kicked off with a musical procession to celebrate Diwali, where attendees were treated to an energetic Dhol performance. We came together to recognize accomplishments, forge new connections, and revel in the strength of our community. We welcomed the new Board of Governors and were privileged to hear from the extraordinary Mia Yamamoto on the importance of focused engagement. And while the Convention has wrapped up, our engagement with the communities of Indiana that have been so welcoming to NAPABA continues.
Thank you for being an integral part of the 2023 NAPABA Convention. We hope that you left the Convention with a renewed sense of purpose and inspiration. Your energy, passion, and commitment are what make our community so vibrant. And thank you to all the CLE program chairs, speakers, and Committee and Network chairs for leading informative and educational programming that ensures NAPABA members are on the cutting edge of legal developments across the country. We look forward to connecting with you in the coming year through our various programs and hope to see you in Seattle in 2024.
