Governor Cuomo Announces First-in-the-Nation State Partnership with National Organizations to Expand Successful Pro Bono Clemency Initiative
For Immediate Release
8/21/2017
Governor Andrew M. Cuomo
State Partners with the National Association of Criminal Defense Lawyers, Families Against Mandatory Minimums, and Other Organizations to Expand Capacity to Provide Clemency Applicants with Pro Bono Legal Assistance
Governor Andrew M. Cuomo today announced a first-in-the-nation partnership between a state and a coalition of legal organizations to expand New York’s pro bono clemency program.
This partnership with the National Association of Criminal Defense Lawyers, with support from the Foundation for Criminal Justice, Families Against Mandatory Minimums, and other organizations is modeled after a successful federal program that has since been discontinued since the Trump administration. This new partnership greatly expands the Governor’s clemency initiative founded in 2015 that provided pro bono clemency petition services to individuals with criminal records or incarcerated in state prison.
“These nationally recognized organizations have already proven successful in helping incarcerated individuals get access to the resources they need to apply for clemency, make the case for their rehabilitation and have the opportunity to contribute to and re-enter society,” Governor Cuomo said. “I’m proud to partner with them to expand the work of this administration and its partners and take one more step toward a more just, more fair and morecompassionate New York for all.”
By engaging more pro bono lawyers, this partnership will provide a steady supply of high-quality clemency applications for the Governor’s Counsel’s Office to review. The NACDL will work with the Executive Clemency Bureau to identify those deserving of a second chance, and make clemency a more accessible and tangible reality in New York.
The Governor launched his clemency review initiative in 2015 with the assistance of the New York City Bar Association, the New York County Lawyers Association, the New York State Bar Association, the Legal Aid Society, Prisoners’ Legal Services of New York and the New York State Association of Criminal Defense Lawyers and other state organizations. Governor Cuomo engages in a careful, holistic review of clemency applications and the assistance that these volunteer attorneys provide has resulted in an increase in the number of strong petitions for the Governor to review. Three individuals represented by pro bono counsel through the program were granted clemency in 2016.
Approximately 1,700 potential applicants for clemency have identified under this program and this new partnership with New York will increase the number of volunteer attorneys in the initiative to assist more applicants in need.
Under the now-defunct federal program, which was launched by the Obama Administration in 2014, these organizations trained nearly 4,000 volunteer lawyers from diverse practice backgrounds and completed screening of the more than 36,000 federal prisoners who requested volunteer assistance.
For more information about the NACDL/FAMM State Clemency Project, including how to sign up to volunteer, visit the project website, https://stateclemency.org.
Although individuals may apply for clemency without the assistance of an attorney, assistance from a pro bono attorney will enhance the quality of an inmate’s application and present his or her best case to the Governor.
Since 2011, Governor Cuomo has commuted the sentences of 10 individuals, and granted pardons to 114 individuals as a part of an ambitious clemency agenda that seeks to identify individuals demonstrating evidence of rehabilitation and self-development amounting to a true change in character or circumstance since incarceration, to help ensure that clemency is a more accessible and tangible reality. He used his pardon power to provide first in the nation relief for New Yorkers convicted of a misdemeanor or non-violent felony at 16 or 17 years old who have been crime-free for ten years, issuing the first conditional pardons to more than 100 New Yorkers in December 2016.
Individuals interested in applying for clemency should visit Governor Cuomo’s clemency website,www.ny.gov/clemency. The website is a central resource for those seeking to learn more about clemency, eligibility requirements, and the application process, including submitting application materials electronically. Family members and friends of individuals serving prison sentences are encouraged to visit the website and apply for clemency on behalf of their family member or friend.
Norman Reimer, Executive Director of NACDL said, “NACDL is proud to work with its partners, the Foundation for Criminal Justice (FCJ) and Families Against Mandatory Minimums (FAMM), in a coordinated effort to recruit, train, and support pro bono counsel for all prisoner applicants for clemency. We salute Governor Cuomo and his administration for recognizing that people are capable of redemption and rehabilitation, and may have earned a fresh start in life.”
Bret Parker, Executive Director of the New York City Bar Association, said, “The New York City Bar Association looks forward to continuing its work with the Governor’s office on this worthy initiative that treats the incarcerated as individuals who in many cases deserve a second chance. We welcome NACDL’s participation in streamlining the process for all involved.”
Jennifer L. Van Ort, the Executive Director of the New York State Association of Criminal Defense Lawyers said, “By working with our colleagues in state government, we can more effectively offer pro bono legal assistance to individuals who are incarcerated in New York prisons. This partnership is a welcome expansion to the existing project, as it will bring more lawyers together with applicants without the resources to pay for representation. With more training, mentoring, and electronic access to client materials, this partnership will help our members better represent reformed and rehabilitated applicants in the State’s process to apply for clemency. I thank the Governor for expanding this successful program and for being a staunch ally of incarcerated New Yorkers.”
David Loftis, Attorney-In-Charge of Post-Conviction and Forensic Litigation at the Legal Aid Society said, “We have been pleased to work with the Governor’s office on clemency cases. In particular, we have been gratified that, over the past year, the Governor has commuted the sentences of worthy applicants represented by The Legal Aid Society and our pro bono partners. We were excited to learn that NACDL will be joining the clemency effort, and The Legal Aid Society looks forward to partnering with them to bring candidates deserving a second chance to the Governor’s attention.”
A Message to NAPABA Members After Charlottesville
Dear Colleagues,
Racism, hate, and bigotry have no place in our country. Leaders do not equate individuals who support ideologies of hate with those who stand defiantly in support of diversity and inclusion, in support of our nation’s ideals. There is no moral equivalence between bigotry and tolerance.
As we said on Monday following the horrible hate on display by neo-Nazis and white nationalists and the tragic loss of Heather Heyer in Charlottesville, Virginia, “Our core values—acceptance, diversity, and inclusiveness—will overcome the forces of hate and racism.”
We cannot look away from this hate. We must challenge it. We must stand for our core values. This is not a time for ambivalence or equivocation.
We come together as Asian Pacific American attorneys. We have different personal stories, but we all come together as a community with a shared history. We come together because we recognize the power of our community and our profession. We have seen what happens when our communities or other marginalized groups do not have a voice in the law or in the public sphere.
We are leaders with the privilege and ability to ensure that these voices are lifted up and that these stories are told. Just as past civil rights leaders have done for us, we must speak up to advance our principles of justice and equality and to help heal our nation’s deep scars. We continue to draw on the strength and resilience of our history. We must protect civil rights and our vision of democracy.
I am proud to see law firms, law professors, corporations, organizations, and others affirm the commitment of the profession to diversity. I am proud to see individual lawyers stand in common humanity to drive away darkness.
Be a light that guides people to peace, understanding, tolerance, and inclusion. Provide pro bono legal services to the people and organizations opposing racism and violence. Call on your leaders to unequivocally and publicly denounce racism and all those who support it. Have the tough conversations with your families and friends to help them understand and process the events of these trying days.
As lawyers committed to our values, we must be in the courts, the legislatures, and the community to protect the progress we have made since the civil rights era and move forward towards “a more perfect union.”
Dr. Martin Luther King, Jr., said, “The arc of moral universe is long, but it bends toward justice.”
As lawyers, law students, and legal professionals, we must help bend it.
Sincerely,
Cyndie Chang
NAPABA President, 2016-17
National Asian Pacific American Bar Association | 1612 K St. NW, Suite 510 | Washington, D.C. 20006 | www.napaba.org
Third Annual Diversity Career Fair and Expo
Get excited! The Career Placement Committee will host the Third Annual Diversity Career Fair and Expo on September 23, 2017 as part of AABANY’s Fall Conference. The Diversity Career Fair is an exciting opportunity to meet with a variety of public sector and private sector employers that are looking to hire diverse candidates with all levels of experience. Employers will set up informational tables, collect resumes, and/or conduct on-site interviews. More than 20 employers have already committed to participating this year. More information will follow in upcoming newsletters and on the Fall Conference website, but in the meantime, feel free to send any questions to the Career Placement Committee Co-Chairs at [email protected]
Join AABANY to See ABACUS: SMALL ENOUGH TO JAIL at the Asia Society
Join AABANY to See ABACUS: SMALL ENOUGH TO JAIL at the Asia Society
It’s a story of resilience, courage, and justice in the face of power. ABACUS: Small Enough to Jail documents the legal battle of the Sung family, Chinese immigrants and owners of Abacus Federal Savings in Chinatown. In the aftermath of the 2008 financial crisis, Abacus was the only bank in the United States to be charged with a crime, accused of mortgage fraud by Manhattan District Attorney Cyrus R. Vance, Jr. Over the course of five years, the Sungs embark on an existential legal battle in defense of themselves and their Chinatown community, and over the fact that, in an industry of powerful interests and influential corporations, no bank should be small enough to jail. Don’t miss this true, David vs. Goliath story from acclaimed director Steve James (Hoop Dreams, The Interrupters, Life Itself).
ABACUS: Small Enough to Jail will be shown at the Lila Acheson Wallace Auditorium in the Asia Society on Wednesday, September 6th. Reception begins at 5:30 PM, screening begins at 6:30 PM, followed by Q&A that will include director Steve James.
Click on the link in the title to see the film’s trailer.
AABANY is proud to be outreach partner for this screening. All AABANY members can see ABACUS: Small Enough to Jail at a discounted price with the code “AABA090617.” Select “Non-Member Adult” ticket, proceed to check-out, add the code, and then click activate. Using this code, attendees will pay $10 instead of $15 for the ticket. Click here to buy tickets. We hope to see you there!
Pro Bono Monthly Clinic on Wednesday, August 9
Our Pro Bono Monthly Clinic was held on Wednesday, August 9 (second Wednesday of the month).
Please join us in thanking all attorneys and interpreters that evening who assisted 30 clients:
Attorneys:
- Michelle Yeung
- Judy Lee
- Jonathan Hernandez
- May Chiang
- Yun Gao
- Kelly Diep
- Kwok Ng
- Asako Aiba
- Chris Kwok
- Tim Wong
Interpreters:
- Wei Li
- Mani Chander
- Yiwen Feng
- Wei Ling Huang
Watch an exclusive clip from Justin Chon’s ‘Gook’
Watch an exclusive clip from Justin Chon’s ‘Gook’
From Angry Asian Man:
Heads up. Writer/director Justin Chon’s acclaimed indie drama Gook opens in theaters on August 18. Set against the backdrop of the 1992 Los Angeles riots, the film follows two Korean American brothers, Eli and Daniel, who run their late father’s shoe store in a predominantly Black community. The pair strikes up a unique and unlikely friendship with a streetwise 11-year-old girl, Kamila. While Daniel has dreams of his own, Eli struggles to keep the family business afloat. But racial tensions in the neighborhood build to a breaking point, erupting into conflict that threatens their livelihood and tests the meaning of family. Gook is a stunning, gut-punch of film, full of humor, heart and low-budget scrappiness. It also announces the arrival of one hell of a voice and vision – didn’t I see Justin Chin butt naked in 21 & Over? – and revelatory performances from its supporting cast, including comedian David So as Daniel, newcomer Simone Baker as Kamila, and even a dramatic turn from Chon’s own father.
For more information and to see the trailer, click the link in the title. Gook opens in New York City on August 25.