Month: June 2021

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AABANY’s Judiciary Committee Presents “The Road to the Bench: Administrative Law Judge” on June 24

On June 24, AABANY’s Judiciary Committee hosted a virtual discussion on how to become an administrative law judge (ALJ), as part of the Committee’s Road to the Bench series. Panelists included Hon. Kenneth Chu, Administrative Law Judge at the National Labor Relations Board; Hon. Grace E. Lee, Administrative Law Judge at the New York State Office of Temporary and Disability Assistance; Hon. Christopher P. Lee, Retired Administrative Law Judge of the Social Security Administration; and Rena Malik, Principal Law Clerk at the New York State Supreme Court and Co-Chair of AABANY’s Judiciary Committee. The panel was moderated by Mark Son, Associate Court Attorney at the Bronx County Criminal Court.

The roundtable discussion began with a question from Mark asking the panelists to describe their path towards becoming an ALJ. Judge Grace Lee shared how her passion for justice and public service inspired her to take on various roles in government and public policy, which ultimately led her to taking the Civil Service Exam and landing her current position as an ALJ at the NYS Office of Temporary and Disability Assistance. Judge Chu spoke about his longtime interest in employment and labor law and how he applied for the ALJ position at the National Labor Relations Board while serving as an administrative judge at the Equal Employment Opportunity Commission. Judge Chris Lee detailed the seven year process he underwent when applying for the ALJ position because he missed the deadline to apply in 1987 and had to wait until 1994 for a new position opening.

The remainder of the roundtable discussion focused on questions about the ALJ application process. Previously, all applicants applied through the Office of Personnel Management, but after changes enacted under the Trump Administration, applicants now apply through individual agencies’ vacancy announcements. Judge Grace Lee explained the process of completing the Civil Service/Legal Specialities Exam, a questionnaire where applicants can explain their skills and experiences for agencies to review. Asked about the skills and experiences ALJ applicants should have, the panelists agreed that it is important to be able to process a lot of information quickly, while also being detail-oriented and conscientious about due process. It is also helpful for applicants to have litigation experience.

The discussion concluded with Rena sharing how the AABANY Judiciary Committee can assist interested candidates. A main goal of the Judiciary Committee is to advance Asian American and Pacific Islander attorneys onto judgeship positions in all levels of the benches, and the Committee can assist applicants by providing a recommendation letter or connecting applicants with current employees at agencies. To learn more about AABANY’s Judiciary Committee, click here.

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Congratulations to Vanessa Fang on her Appointment as a Housing Court Judge of the New York City Civil Court

The Asian American Bar Association of New York (AABANY) congratulates Judge Vanessa Fang on her appointment as a Housing Court Judge of the New York City Civil Court, Housing Part. Judge Fang was appointed in June 2021, and currently sits in New York County. 

Judge Fang began her legal career with the New York State Unified Court System as a court attorney in 2010 and has handled residential landlord-tenant summary proceedings throughout the Bronx, Brooklyn, and Queens. Judge Fang is a graduate of St. John’s University School of Law and Boston University; she has also been a member of AABANY since 2018.

Please join AABANY in congratulating Judge Fang on her appointment. We wish her much success during her tenure on the bench.

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AABANY Hosts its Annual Judges’ Reception on May 25 in Celebration of Asian American Pacific Islander Heritage Month

On Tuesday, May 25, 2021, the Asian American Bar Association of New York’s Judiciary Committee hosted its annual Judges’ Reception on Zoom. The reception honored newly inducted, elevated and retiring judges in celebration of Asian American and Pacific Islander (AAPI) Heritage Month. 

Will Wang, Co-Chair of the Judiciary Committee, served as Master of Ceremonies and welcomed the judges and the attendees to the virtual reception. Last year’s event did not happen, due to COVID-19, and we were pleased to be able to host judges and attendees virtually via Zoom this year.

The following elevated judges were honored:

Hon. Shahabuddeen Ally, Supervising Judge, New York City Civil Court, New York County

Hon. Katheryn S. Paek, New York City Criminal Court, New York County

The following newly elected judges were honored:

Hon. Wyatt Gibbons, New York Supreme Court, Queens County

Hon. Philip T. Hom, New York Supreme Court, Queens County

Hon. Leigh K. Cheng, New York City Civil Court, Queens County

Hon. Hyun Chin Kim, County Court, Orange County

Hon. E. Grace Park, New York City Civil Court, New York County

Hon. Meredith Vacca, County Court, Monroe County 

Hon. John Z. Wang, New York City Civil Court, New York County

The following newly appointed judges were honored:

Hon. James R. Cho, United States Magistrate Judge, United States District Court, Eastern District of New York

Hon. Diane Gujarati, United States District Judge, United States District Court, Eastern District of New York

The reception also recognized and honored two judges who had retired from the bench:

Hon. Peter Tom, New York Supreme Court, Appellate Division, First Department

Hon. Doris Ling-Cohan, New York Supreme Court, Appellate Term, First Department

The honorees recognized at the event are trailblazers for Asian Americans in the judiciary. Of Blacks, Hispanics, and Asians, Asians remain the least represented group in positions within the judiciary. Although Asians make up around 6% of the United States population, in 2020, they comprised less than 3% of federal judges. In the state of New York, although Asians make up 9% of the population, Asians represent a mere 2% of state judges. That number raises even more concern when we consider that Asians account for some 14% of the population in New York City, and Manhattan’s Chinatown is literally right around the corner from State and Federal courthouses. In light of current events and the rise in anti-Asian violence, AAPI representation on the bench is more important than ever. AABANY thanks the honorees for their pioneering example.

In honor of AAPI Heritage Month, the Judiciary Committee also held a short trivia game where participants would answer questions about the history of Asian American Pacific Islanders in the United States. Questions included: What was the purpose of the Chinese Exclusion Act? Which President signed the joint resolution commemorating APA Heritage Month? What was the reason for boycotting Miss Saigon on Broadway? The winners, who each answered nine out of the ten questions correctly, were Joseb Gim, AABANY Prosecutors’ Committee Co-Chair; L. Austin D’Souza, AABANY Judiciary Committee member and SABANY President-Elect; and the Hon. Doris Ling-Cohan, an AABANY Founding Board Member and the AABANY Trailblazer Award honoree from the 2020 Fall Conference. The winners received buttons which had been created to raise funds for AABANY’s Pro Bono Clinic, inscribed with the words “One Humanity against the Virus.”

Congratulations to all the judges who were recognized and honored at this year’s Judges’ Reception, and thanks to everyone who joined us for this event. 

To learn more about AABANY’s Judiciary Committee and its work, click here.

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NAPABA and Florida Affiliates File Comments Before Florida Supreme Court to Uphold Diversity and Inclusion in Continuing Legal Education

For Immediate Release: Date: June 29, 2021

Contact: Edgar Chen, Policy Director

WASHINGTON –The National Asian Pacific American Bar Association (NAPABA), together with the Asian Pacific American Bar Association of Tampa Bay (APABA-TB), the Asian Pacific American Bar Association of South Florida (APABA-SF), the Greater Orlando Asian American Bar Association (GOAABA), and the Jacksonville Asian American Bar Association (JAABA) (collectively, “Florida Affiliates”) filed comments today before the Florida Supreme Court in response to the Court’s April 15 ruling prohibiting the Florida Bar from approving and providing credit for any continuing legal education (CLE) courses employing certain diversity requirements for CLE panels. NAPABA, its Florida Affiliates, and all affiliates across the nation serve to promote justice, equity, and opportunity for Asian Pacific Americans (APAs) and to foster professional development, legal scholarship, advocacy, and community involvement benefiting persons of all colors and backgrounds.

Today’s filing documents the critical need for diversity, equity, and inclusion in CLE programming both in Florida and across the country. As APAs remain underrepresented at nearly every level of the legal profession, NAPABA and its Florida Affiliates urge the Florida Supreme Court to recognize that fostering diversity is an increasingly necessary component to the successful functioning of the American legal system. The submission argues that the Florida Bar’s diversity policies are inclusive and would not exclude any person, perspective, or viewpoint from a CLE program based on race, ethnicity, gender, sexual orientation, gender identity, disability, as the Florida Supreme Court believed, when it described the policy as “tainted by …discrimination.” Instead, as the filing notes, the stated goal of the policy was to eliminate bias, increase diversity, and implement tactics aimed at recruiting and retaining diverse attorneys.

“The National Asian Pacific American Bar Association (NAPABA) values diversity, equity, inclusion, and opportunity for members of the APA legal community and persons from all backgrounds,” said A.B. Cruz III, President of NAPABA. “Meaningful representation, including on CLE panels, is a chance for panelists and participants to recognize that APA lawyers are here to contribute to the advancement of legal education.”

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“The Asian Pacific American Bar Association of Tampa Bay (APABA of Tampa Bay) is proud to join with our fellow Florida APA bar associations in underscoring the need for diversity, equity, and inclusion in continuing legal education,” said Hannah Choi, President-Elect of APABA of Tampa Bay.  “In Florida there are over 760,000 Asian Pacific American residents, yet there is only a small percentage of APA lawyers in the state.  In a profession where APAs are underrepresented, diversity, equity, and inclusion matter and benefit all current and future members of the bar.”

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“For the Asian Pacific American Bar Association of South Florida (APABA-SF), diversity, equity, and inclusion are not merely buzzwords, but are significant and meaningful to the APA community,” said Guy Kamealoha Noa, President of APABA-SF.  “As our comments show, APA jurists account for less than ½ percent of all Florida judges.  Having diversity on CLE panels presents an opportunity for participants to learn from their peers of different backgrounds and perspectives, and can inspire others to know they too can be leaders in the Florida Bar. I have witnessed APA attendees comment during a panel presentation that they did not know there were any APA judges in South Florida and how wonderful and inspirational it was for them, as APAs, to see an APA judge. Diversity on CLE panels provides real, meaningful impact on the community.” 

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“The Greater Orlando Asian American Bar Association (GOAABA) notes that with anti-Asian hate crimes and hate incidents on the rise across the country, and particularly in Florida, APA voices and faces in the legal community need to be heard and seen,” said Onchantho Am, President of GOABBA. “Florida ranks eighth in the nation for anti-Asian hate incidents.  In these critical times, having a diversity of voices on CLE panels helps the legal community come together and be more united.”   

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“The Jacksonville Asian American Bar Association (JAABA) strives to improve representation of APAs in the Floridian legal community,” said Vivile Dietrich, President of JAABA. “Having APA representation in CLEs is just one area where the Florida Bar can do better in terms of raising the visibility of the APAs in the law.  The perspectives of APA legal colleagues regarding their career pathways, practice area expertise, and legal issues affecting the various APA communities, promote authenticity, credibility, and knowledge – not only regarding mentorship opportunities for APA attorneys and law students – but also of APA experiences, cultural views, and concerns for those who represent or otherwise wish to engage and foster deeper relationships with APA community members.” 

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“The Filipino-American Lawyers Association of New York (FALA NY) is committed to enhancing the diversity in the profession,” said Ariel Risinger, President of FALA NY. “CLEs are an opportunity to put forth a wide range of perspectives and thought leadership. We strongly support our Florida colleagues in ensuring the profession’s commitment to showcasing the diversity of thought for all generations of lawyers.”

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“The Asian American Bar Association of Greater Chicago (AABA Chicago) strongly believes that diversity, equity, and inclusion in CLEs benefit the entire legal profession,” said Kristy Gonowon, President of AABA Chicago. “We stand with our sister affiliates in Florida who are fighting to ensure that all perspectives are seen and heard on CLEs.”

Today’s submission is also supported by the following NAPABA affiliate organizations from around the country: the Arizona Asian American Bar Association, the Asian American Bar Association of Greater Chicago, the Asian American Lawyers Association of Massachusetts, the Asian American Bar Association of New York, the Asian American Bar Association of Ohio, the Asian Pacific American Bar Association of Colorado, the Asian Pacific American Bar Association of Los Angeles, the Asian Pacific American Bar Association of Pennsylvania, the Asian Pacific American Lawyers Association of New Jersey, the Chinese American Bar Association of Greater Chicago, the Connecticut Asian Pacific American Bar Association, the Dallas Asian American Bar Association, the Filipino American Lawyers Association of Chicago, the Filipino-American Lawyers Association of New York, the Filipino-American Lawyers of Orange County, the Georgia Asian Pacific American Bar Association, the Korean American Bar Association of Chicago, the National Asian Pacific American Bar Association-Hawaii, the National Filipino American Lawyers Association, the Minnesota Asian Pacific American Bar Association, the Sacramento Filipino American Lawyers Association, the Southern California Chinese Lawyers Association, the Thai American Bar Association, and the Vietnamese American Lawyers of Illinois.

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The National Asian Pacific American Bar Association (NAPABA) is the largest Asian Pacific American membership organization representing the interests of approximately 60,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American 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 color in the legal profession.

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Prosecutors’ Committee Meets Up at Leaf Rooftop Lounge in Flushing on June 24

After a long year and a half, the Prosecutors’ Committee, headed up by Joseb Gim and David Chiang, finally hosted an in-person gathering at the Leaf Rooftop Lounge in Flushing. We had a perfect location with a great view and amazing weather.

Members of the Queens, Brooklyn, Manhattan and Nassau DA’s offices were joined by a member of the Family Court Division of the NYC Law Department.

We got together to discuss our group and individual efforts to combat Anti-Asian Hate and increase our voice in our communities.

We also welcomed two law school interns, a recent college graduate, and a former ADA who now works at the Office of the Chief Medical Examiner.

It was a great opportunity for old friends to reconnect and introduce some new people to the group. We’ve faced a really tough year and a half since 2020, but together we recharged each other to keep fighting the good fight. We’re looking forward to the next gathering later this summer!!!

To learn more about the Prosecutors’ Committee go to https://www.aabany.org/page/73. If you would like to be added to their listserv send an email to [email protected].

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AABANY’s Membership Committee Holds its 56th and Final Online Weekly Mixer

After a year of online mixers due to the pandemic, the Membership Committee held its 56th and final Online Weekly Mixer on Zoom, on Friday, June 25, 2021.

The beginning of the mixer featured a celebration of the Asian American Law Fund of New York (AALFNY) Public Interest Scholarship Recipients, hosted by Sylvia Chin, President of AALFNY. The awardees were: Amanda Jimenez (CUNY School of Law, Class of 2022), Evelyn (Meng) Lin (Syracuse University College of Law, Class of 2022), and Shelley Wu (Cardozo School of Law, Class of 2023). AALFNY also honored the recipient of the AALFNY-SABANY Public Interest Fellowship: Dawa Lhamo (CUNY School of Law, Class of 2023), who will be interning with Catholic Migration Services. AALFNY awards Public Interest Scholarships each year to law students with a demonstrated commitment to the Asian American community. Congratulations to the recipients for their good work!

During the mixer, AALFNY held a Give Lively text to pledge fundraiser to support the Turning the Tide Project and nearly raised $1000. Thank you to everyone who donated! We are continuing to take donations via Give Lively and if you would like to donate, text “TIDE3” to 44-321. (A copy of AALFNY’s latest annual report may be obtained from P.O. Box, 161, 41 Purdy Ave, Rye NY 10580  or from the NY Attorney General’s Charities Bureau website www.charitiesnys.com. Information may also be obtained from us at [email protected] or the NYS Attorney General at 212-416-8686.)

After the AALFNY presentation, AABANY members went around the Zoom Room for the mixer portion. The participants introduced themselves, and answered the icebreaker question: “How will you change your lifestyle now that the city has reopened?” Participants told the group their various plans, including “adjusting their commute to work from home on most days,” “going back to travel internationally” and “going back to attend large gatherings.”

The weekly mixers had a core group of attendees, including Barry Kazan, Sylvia Chin, William Lim, Francis Chin, and Kevin Hsi, all of whom regularly attended the weekly mixers. In particular, Barry Kazan, a Partner at Mintz & Gold LLP, was awarded “MVP” (Most Valuable Participant) of AABANY’s Online Membership Mixers.

Membership Committee Mixers held various theme nights, including a trivia night, a Show & Tell night, a Talent show with dancing, guitar playing and Comedian, a Halloween Costume Contest, a Virtual Tour through Japanese Mountains, and Founder’s Night.

The participants expressed gratitude that there was a weekly outlet to connect, talk and share their thoughts every week, and appreciated that the mixers allowed people to form friendships through video. A few members requested that the mixers continue. 

Membership Committee plans on meeting in person beginning in July; please stay tuned for the announcements. The Committee is looking to host a cruise later this summer. Be on the lookout for the survey!

Thanks to everyone who attended the final mixer and to our members and friends who joined us for one or more mixers over the past year! Thanks to Beatrice Leong, Membership Director, for being such a gracious host.

We look forward to seeing everyone in person for future Membership Committee events. 

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In the News: Litigation Committee Co-Chair Luna Barrington Named Top Lawyer under 40 by Law360 Rising Stars

Out of over 1,400 submissions, AABANY Litigation Committee Co-Chair Luna Barrington has been recognized by Law360 as one of this year’s Rising Stars under 40, as she has secured defense trial verdicts in major class action suits against companies like C&S Wholesale Grocers and Johnson & Johnson. On June 4, Law360 published an article highlighting her recent accomplishments as a trial attorney, underscoring the massive damages she saved her clients by skillfully preparing for and conducting the trial with her trial team. Now a partner at Weil Gotshal & Manges LLP, she recalls successfully advocating for a group of Mexican-American students in Tucson, AZ, pro bono, as among the proudest moments of her career: in federal court, Barrington fought a state statute banning a Mexican-American studies program in Tucson’s schools, denouncing it as a violation of the First and Fourteenth Amendments. She is also a first-generation lawyer and the first in her family to earn a graduate degree. Please join AABANY in congratulating Luna on being selected by Law360 as one of this year’s Rising Stars under 40, a well-deserved recognition of her achievements and trial skills.

To read the full article, click here (subscription required).

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Asian American Law Journal – Call for Submissions

The Asian American Law Journal (AALJ) at Berkeley Law is now accepting submissions for its 2021-2022 volume!

What is the Asian American Law Journal (AALJ)? AALJ is one of only two law journals focused on Asian American communities. Since 1993, they have provided a scholarly forum for the exploration of unique legal concerns of Asian Americans, including but not limited to the East Asian, South Asian, Southeast Asian, and Asian Pacific American communities. Each annual volume typically contains articles, book reviews, essays, and other contributions from scholars, practitioners, and students.

What topics and issues does AALJ feature? They welcome commentary, analysis, and research on the experiences and concerns of Asian Americans, including the intersections of gender, class, sexual orientation, religion and race. This year, they are particularly interested in scholarship reflecting on the issues and events from the last two years: xenophobia and the general rise in anti-Asian hate crime; COVID-19’s disproportionate impact on poor communities of color; George Floyd’s murder, the Movement for Black Lives, and Asian American communities’ roles in advocating for racial justice; the election; the insurrection; the Atlanta spa shootings and the continued marginalization of Asian sex workers, among others. 

Is there a specific format or word limit? AALJ recognizes that the law article format may limit the expression of important ways in which the law intersects with lived experience, beyond doctrine and formal analysis. AALJ also welcomes essays and other written formats that explore the unique legal concerns of Asian American communities. Consider their archives for references. (Recently they have enjoyed Professor Carlos Hiraldo’s Arroz Frito with Salsa: Asian Latinos and the Future of the United States, Professor Mari Matsuda’s Planet Asian America, and Professor Robert Chang’s article, AALJ’s inaugural piece, Toward an Asian American Legal Scholarship.)

Is there a deadline? Yes, all submissions are due Aug. 20, though AALJ makes publication offers on a rolling basis. Please send your submissions to [email protected] or through Scholastica.

What if I have more questions? Please send them a note, they would love to connect.

I don’t have anything to submit, but I know someone who might. What can I do? For those in the position to do so, they would appreciate you forwarding this note to your departments, teams, and friends or colleagues who may be interested in publishing with AALJ.

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NAPABA Congratulates Kiran Ahuja on her Confirmation to Become the First Asian American Woman to Lead OPM

For Immediate Release: Date: June 22, 2021

Contact: Edgar Chen, Policy Director

WASHINGTON – NAPABA congratulates Kiran Ahuja on her confirmation to become Director of the U.S. Office of Personnel Management (OPM).  In this role, Ms. Ahuja will be the first Asian American woman to lead the federal government’s principal human resources agency. 

“Kiran Ahuja’s prior governmental experience as OPM’s Chief of Staff, as a career government lawyer at DOJ, and as Executive Director of the White House’s Initiative on Asian Americans and Pacific Islanders (WHIAAPI, now the White House Initiative on Asian Americans, Native Hawaiians, and Pacific Islanders) make her ready to lead OPM and its diverse and talented workforce at a critical time,” said A.B. Cruz III, the President of NAPABA. “NAPABA congratulates Kiran Ahuja on her well-earned confirmation.”

In 2011, NAPABA honored Ms. Ahuja with its Women’s Leadership Award for her decades long efforts towards improving the lives of women of color in the United States and the advancement of AAPI women both as founding Executive Director of the National Asian Pacific Women’s Forum and as Executive Director of WHIAAPI.

Ms. Ahuja earned a bachelor’s degree in political science from Spelman College and a law degree from the University of Georgia.  NAPABA applauded the nomination of Ms. Ahuja and had written to all Senators voicing support for her confirmation.

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The National Asian Pacific American Bar Association (NAPABA) is the largest Asian Pacific American membership organization representing the interests of approximately 60,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American 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 color in the legal profession.

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In the News: Judiciary Committee Co-Chair William Wang Quoted in Democrat and Chronicle Article about the New York State Judiciary’s Lack of Diversity

On June 17, 2021, Judiciary Committee Co-Chair William Wang (and former AABANY President, 2015) was quoted in a Democrat and Chronicle article titled “New York’s judges aren’t as diverse as the state is. Here’s why that matters.” A report commissioned by Chief Judge Di Fiore in June 2020, which was released in October 2020, found that communities of color were underrepresented in New York State’s judiciary. Out of the 78% of state-paid judges who responded, only 14% identified as Black, 9% said they were Hispanic or Latino of any race, and 3% said they were Asian American. Sixty-nine percent of judges indicated they were white. In contrast, New York State’s population is 18% Black, 20% Hispanic or Latino, and 9% Asian. Citing the recent rise in hate crimes committed against the Asian American community, Wang argues that increased representation of Asian Americans in the judiciary will help members of the community feel more confident that they can attain justice when they are the victims of such violence. Wang states, “It’s very important for communities of color to be able to go into the court system, a system where they are trying to get and obtain justice and to see someone that potentially can look like them.”

To read the full article, click here (subscription required).

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