TAPABA and NAPABA Decry the Expulsion of Tennessee Legislators as Harmful for Democracy and Rule of Law

For Immediate Release: 
Date: April 10, 2023
Contact:  Priya Purandare, Executive Director

WASHINGTON – The Tennessee Asian Pacific American Bar Association (TAPABA) and the National Asian Pacific American Bar Association (NAPABA) jointly express grave concern for the abrogation of the rule of law and democracy in the wake of the unprecedented expulsion of two legislators, Justin Jones and Justin Pearson, from the Tennessee House of Representatives and the attempted expulsion of a third. As non-partisan bar associations, we are dedicated to ensuring representation of Asian Pacific Americans and other marginalized communities in the legal profession—including in the judiciary, legislature, and public sphere—and advancing the civil rights of our members and the communities they serve.

When duly elected representatives are dispossessed of their legislative seats, seemingly without adequate due process, their constituents are disenfranchised, and democracy suffers as a result. Expulsions should be rare, and consistent with longstanding precedent, should only follow criminal conviction or after thorough investigation by committee. We note that in the last 157 years, only two representatives have been expelled after allegations of criminal conduct and internal inquiries. The blatant, disparate treatment, even among the three legislators targeted for ouster, and the lack of due process cannot be ignored. TAPABA and NAPABA call on the Tennessee General Assembly to ensure that thorough, careful, and considered due process is always followed in such matters, and that leaders of the House and Senate be mindful that it is not individual legislators, but Tennessee’s districts, and more importantly, their constituents, who are most harmed when deprived of their representation. Tennesseans deserve better.

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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 APA 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.

The Tennessee Asian Pacific American Bar Association (TAPABA) was created on May 1, 2007, as a state-wide, non-profit association of Asian Pacific American attorneys, judges, law professors, law students and those interested in Asian American legal issues. TAPABA is an affiliate of NAPABA.

AABANY IP Committee Hosts “Dumplings & Discussion” Fireside Chat on April 5th with Karen Won

On April 5, 2023, the IP Committee continued its “Dumplings & Discussion” fireside chat series. This time the committee was honored to have Karen Won, Partner at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C., as the guest. Participants enjoyed pork and chive dumplings, chicken dumplings, Buddha dumplings, and many other items.

Karen was interviewed by the “Dumplings & Discussion” inaugural guest, Andy Yoo (Savvas Learning Company), and discussed her path to becoming a specialist in trademarks including in life sciences trademarks and drug naming matters. Karen shared many interesting facts about how pharmaceuticals are branded. Karen also talked about career development and work-life balance.

After the in-depth discussion and lively Q&A that followed, attendees continued to enjoy more dumplings and discussions with drinks during the networking reception.

Thanks to Fish & Richardson for being such gracious hosts.

Look out for the next IP Committee event. Click here to learn more about the IP Committee.

United States District Court Eastern District of New York Announces One Full-Time Federal Magistrate Judge Vacancy

April 4, 2023
FOR IMMEDIATE RELEASE

Chief Judge Margo K. Brodie announced today that the Judges of the United States District Court for the Eastern District of New York have appointed a Merit Selection Panel composed of attorneys and residents of the district (see Administrative Order No. 2023-12 on the Court’s website). The Panel will consider candidates for an anticipated United States Magistrate Judge vacancy in Brooklyn, New York, for an eight (8)-year term. The vacancy will be created by the anticipated elevation of U.S. Magistrate Judge Ramon E. Reyes to United States District Judge.

All applications for the magistrate judge vacancy must be received by May 5, 2023. The application form can be accessed online at the district’s website. Application forms also may be obtained from the Clerk of Court in the Public Announcements. Please see the public notices below for instructions on how to submit applications for the magistrate judge vacancy.

Within ninety (90) days from its appointment on April 4, 2023, the Panel must report to the Court its recommended slate of candidates for consideration for the Magistrate Judge vacancy.

PUBLIC NOTICE

ONE FULL-TIME FEDERAL MAGISTRATE JUDGE VACANCY

There is one (1) anticipated full-time United States Magistrate Judge vacancy at the Brooklyn Courthouse of the Eastern District of New York at 225 Cadman Plaza, Brooklyn, New York. The duties of the position are demanding and wide-ranging, and will include: (1) conduct of preliminary proceedings in criminal cases; (2) trial and disposition of misdemeanor cases; (3) conduct of various pretrial matters and evidentiary proceedings on delegation from the judges of the district court; (4) trial and disposition of civil cases upon consent of the litigants; and (5) assignment of additional duties not inconsistent with the Constitution and laws of the United States.

The jurisdiction of a United States Magistrate Judge is specified in 28 U.S.C. § 636. To be qualified for appointment, an applicant must: (a) be a member in good standing of the bar of the highest court of a state, the District of Columbia, the Commonwealth of Puerto Rico, or the U.S. Virgin Islands for at least five years; (b) have been engaged in the active practice of law for a period of at least five years (with some substitutions authorized); (c) be competent to perform all the duties of the office, of good moral character, emotionally stable and mature, committed to equal justice under the law, in good health, patient and courteous, and capable of deliberation and decisiveness; (d) be less than 70 years old; and (e) not be related to a judge of the district court. An applicant should have federal court experience and be knowledgeable in federal civil and criminal practices and procedures.

A Merit Selection Panel (appointed by Administrative Order 2023-12) composed of attorneys and residents of the district will review all applications and recommend in confidence to the judges of the district court the five persons whom it considers best qualified for the vacancy. The Court will make the appointment following FBI and IRS investigations of the appointee. An affirmative effort will be made to give due consideration to all qualified candidates, including women and members of minority groups. The salary of the position is, as of this notice, $213,992 per annum. The term of office is eight years.

Please note that the application form can be accessed online at the district’s website. Application forms also may be obtained from the Clerk of Court at 225 Cadman Plaza East, Brooklyn, New York 11201. Applications must be personally prepared by potential nominees and must be received no later than May 5, 2023. Applications should be submitted as one PDF file, by email, to NYED [email protected]. Instructions are available on the court’s website.

THE DISTRICT IS AN EQUAL OPPORTUNITY EMPLOYER

AABANY Kicks Off 2024 Fiscal Year with Happy Hour

AABANY’s new fiscal year began on April 1, and on April 6, at Mercury Bar West, 659 Ninth Avenue, over 40 attendees came out for the Fiscal Year ’24 Kickoff Mixer! The event was led by the Membership Committee and co-hosted by the Asia Practice, Litigation, and Women’s Committees. Attorneys, consultants, and friends alike networked, mixed, and mingled over shared appetizers and drinks. New friends ended the night with karaoke.

Learn more about the Membership, Asia Practice, Litigation, and Women’s Committees.

We look forward to seeing everyone at our next event!

AABANY’s LGBT Committee Presents Program on “Trans Rights: Transactional or Transformative” at Nixon Peabody

On March 22, the AABANY LGBT Committee held its annual Spring Educational program at Nixon Peabody consisting of a robust discussion about the current status of trans rights and the rise in anti-trans legislation over the last two years. Featured speakers were Cynthia Cheng-Wun Weaver, Litigation Director at the Human Rights Campaign Foundation, Howard Zelbo, Senior Counsel at Cleary Gottlieb Steen & Hamilton LLP, and Schuylar Bailer, the first trans NCAA D1 Men’s athlete. We thank AC Mariott for sponsoring Schuylar Bailer’s attendance. 

The panelists discussed in detail the types of legislative attacks that the transgender community has been experiencing, the legal challenges facing those laws, and the legal landscape with respect to trans rights post Bostock v. Clayton County, Georgia.

We give an especially warm thank you to Nixon Peabody for sponsoring the event and to Gregory Hom from Nixon Peabody who served as the liaison.

To learn more about the LGBT Committee, click here.