Author: David Jung

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Legal Services NYC COVID-19 Resources for Clients

Legal Services NYC has compiled an extensive COVID-19 Resources Guide for its clients. The resource guide includes, but is not limited to, updates on the local, state, and federal court systems; public benefits and unemployment insurance resources; and information on how to continue to access our services. It is continuously being updated and is available in English, Spanish, and Chinese.

Legal Services NYC Resources: https://www.legalservicesnyc.org/what-we-do/covid-resources

Legal Services NYC’s Access Line is OPEN and the organization continues to serve clients and communities during the COVID-19 pandemic. Although Legal Services NYC’s physical offices are closed as of March 17, 2020, the organization’s dedicated staff are working remotely on behalf of new and existing clients.

Current clients should contact their advocate’s office or extension for more information about their cases.

If you are seeking legal assistance on a new matter, you can call the Legal Services NYC legal assistance hotline at 917-661-4500, Monday through Friday from 10 a.m. to 4 p.m. Staff can take calls in any language.

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Berkeley Law: Asian American Law Journal – Call for Submissions

Attention AABANY Members,

The Asian American Law Journal (AALJ) is taking article submissions for this upcoming publication cycle.

The Asian American Law Journal (AALJ) is one of only two law journals focused on Asian American communities. Known as the Asian Law Journal until 2007, AALJ first published in October 1993 in a joint publication with the California Law Review. AALJ provides 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. AALJ publishes annually, and each volume typically contains articles, book reviews, essays, and other contributions from scholars, practitioners, and students. AALJ welcome commentary, analysis, and research on the experiences and concerns of Asian Americans, including the intersections of gender, class, sexual orientation, religion and race. 

AALJ invites you to submit an article, essay, book review, transcript of a previous lecture, or other contribution on civil rights, immigrant rights, or any other area of your interest relating to Asian Americans and the law. Authors may submit a piece by emailing AALJ directly at [email protected], or by submitting to AALJ through Scholastica or ExpressO.

AALJ makes offers for publication on a rolling basis as submissions are received, but the deadline for submissions is August 15, 2020. If you have any additional questions, please feel free to reach out to Yongbin Chang, a Submissions Editor for the Asian American Law Journal at Berkeley Law, at [email protected].

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New York State Courts Press Release: Update on Virtual Courts

A week ago, there was a statewide rollout of virtual court operations via Skype and teleconferencing for essential and emergency proceedings amid the COVID-19 pandemic. On April 13, 2020, Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence K. Marks announced that this temporary “virtual court” model is being expanded beyond the limited category of essential and emergency matters.

Over the past two weeks, the New York State Courts’ trial court efforts have centered on arraignments, bail applications, orders of protection and other essential and emergency criminal, family and civil matters. Following a successful transition to a virtual court system for the handling of essential and emergency matters statewide, the court system is extending its focus to include pending tort, asbestos, commercial, matrimonial, trusts and estates, felony, family and other cases, which make up the vast bulk of trial court caseloads. The existing ban on the filing of new “non-essential” matters will remain in effect.

For more information, please visit: https://www.nycourts.gov/LegacyPDFS/press/PDFs/PR20_15virtualcourtstortsetc.pdf

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NAPABA Webinar on Combating a History of Anti-Asian Discrimination: How to Protect the Asian American Community

A racist cartoon originally depicted in the publication, the San Francisco Wasp, in 1881. The cartoon was a parody of the Statue of Liberty and represented a growing fear of Asian immigrants within the United States

On Friday, April 3rd, the National Asian Pacific American Bar Association (NAPABA) hosted a webinar titled “Pandemic and Acts of Hate Against Asian Americans: From Past to Present.” The webinar traced the historical roots of Asian American discrimination related to disease and public health issues and presented solutions for the present in the face of the COVID-19 pandemic. 

The webinar featured a panel which included Professor Jack Chin of UC Davis Law School, Matt Stevens of The New York Times’s Political News division, Harpreet Singh Mokha of the Department of Justice’s Community Relations Service, and Rahat N. Babar, Special Counsel, Office of the Governor of New Jersey. Chris M. Kwok, the NAPABA Dispute Resolution Committee Co-Chair and our very own AABANY Issues Committee Chair, helmed the panel as moderator. 

Professor Chin began by outlining the extensive history of anti-Asian discrimination within the United States. He focused on how discriminatory legislation at the state level in California and at the national level through the Chinese Exclusion Act of 1882 frequently correlated Asian American immigrants with disease. In particular, Professor Chin noted how San Francisco became a focal point of race-based efforts to control the bubonic plague in the early 1900s. Multiple political attempts were made to isolate and discriminate against Asians in the city which were repeatedly rebuffed by legal challenges such as Wong Wai v. Williamson and Jew Ho v. Williamson. Professor Chin underscored the ugly but recurring theme pushed in American politics about the “foreignness of germs.”

Following the professor’s historical account, Matt Stevens, an Asian American political reporter for The New York Times, noted the efforts that legislators are making to combat these acts of discrimination. Moreover, he noted the pervasive feeling of fear that permeates the Asian American community.

Harpreet Singh Mokha, National Program Manager for Muslim, Arab, Sikh, South Asian, and Hindu (MASSAH) issues at the Community Relations Service of the DOJ, explained the role and function of CRS during this pandemic. Established under Title X of the Civil Rights Act of 1964, CRS, frequently called “America’s Peacemakers,” works directly with communities facing conflict on racial, ethnic, gender, sexual orientation, religious, and disability issues. It has four primary functions: facilitating dialogue, mediating conflict, training community members, and providing consultation for methods of community assistance. Mr. Mokha noted that members of communities all across the country should be encouraged to make use of CRS’s resources and report hate crimes at their first occurrence. 

To wrap up the panel, Rahat Babar, Special Counsel for Litigation with the Office of the New Jersey Governor, echoed Mr. Mokha’s point to report hate crimes without hesitation. He noted a 2020 in-state report which found a 65% increase in bias incidents between 2018 and 2019 with 46% of those engaging in such bias incidents being minors. Thanks to this report, Governor Phil Murphy was able to set up a task force to explore why minors were engaging in such behavior. Mr. Babar notes that without a robust data set of incident or hate crime reports, lawmakers and community leaders will not be able to identify root problems or pose solutions. 

Overall, the panel outlined past and present cases of racial discrimination targeted towards the AAPI community. All panelists acknowledged the importance of speaking out during this time of uncertainty for the sake of protecting fellow community members both now and in the future. 

This event  reached the largest audience for a NAPABA webinar to date, with 160 registrants. The program stressed placing the events of today within historical understanding of America, engagement with our government institutions charged with enforcing our laws, and collaboration across civil society organizations. We at AABANY thank and acknowledge Chris Kwok for proposing this program to NAPABA and serving as moderator.

A racist cartoon published in San Francisco-based publication, The Wasp. The cartoon promoted then-common racist myths that Chinatown was riddled with disease.
A racist cartoon published in the illustrated San Francisco weekly “Thistleton’s Illustrated Jolly Giant” depicting San Francisco’s The Globe Hotel. The cartoon insinuates that the Globe Hotel secretly contained a “small pox hospital” and an “underground Chinese cemetery,” perpetuating racist stereotypes of the time.
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NCAPA Community Briefing on COVID-19

On Tuesday, March 31, 2020, the National Council of Asian Pacific Americans (NCAPA), a coalition of 34 national Asian Pacific American organizations, held a community briefing call over Zoom on the topic of increased anti-Asian rhetoric in the wake of the COVID-19 outbreak. Community leaders on the call were joined by legislators serving on the Congressional Asian Pacific American Caucus (CAPAC) including Representative Judy Chu (CA-27), Representative Mark Takano (CA-41), Representative Ted Lieu (CA-33), and Senator Kamala Harris of California. 

Mr. Gregg Orton, the National Director of NCAPA, began by addressing efforts undertaken by NCAPA to address the increasing prevalence of anti-Asian rhetoric. Mr. Orton addressed NCAPA’s creation of a COVID-19 Task Force which aims to aggregate community resources online for the Asian American community in addition to building an emergency response network. NCAPA is also currently developing an online health form with crowdsourced in-language community health resources. 

Legislators serving on CAPAC spoke at-length about the alarming rise of xenophobic attacks and racist sentiment directed against members of the Asian American community. All four legislators condemned the rhetoric of top administration officials such as President Donald Trump and Secretary Mike Pompeo in labeling COVID-19 as the “Chinese Virus” or the “Wuhan Virus” as the use of these terms only exacerbate concerns of discrimination. In fact, Representative Chu, the Chair of CAPAC, addressed recent high profile incidents of physical attacks directed against Asians and estimated roughly 1,000 reports of hate crimes in the last five weeks alone. 

Moreover, all four legislators pointed to the efforts that were being undertaken in Congress to stand in solidarity with the Asian American community such as Representative Grace Meng’s (NY-6) recent resolution “Condemning all forms of Anti-Asian sentiment as related to COVID-19” which has already garnered 130 co-sponsors. Senator Harris underscored the importance of cancelling ICE raids and following in Los Angeles and New York’s footsteps in setting up hotlines for reporting on hate crimes directed against Asian Americans. Representative Lieu addressed the problem of phone scams taking advantage of the elderly during this time and pointed to the FCC’s online guidelines for preventing these scams. 

Additionally, Representatives Chu and Takano spoke extensively about the recent stimulus package that was passed and certain benefits that Asian business owners could make use of. In particular, they highlighted Small Business Administration (SBA) loans for companies with less than 500 employees in addition to direct cash assistance provisions sent to qualifying families. However, Representative Lieu noted that the recently passed stimulus package will likely not be enough and that a second bill is in the works. In that bill, Representative Chu hopes to focus on translating federal COVID-19 resources into AAPI languages and assisting both undocumented and legal immigrants who were not eligible for certain benefits in the initial stimulus package. 

Finally, community leaders in the NCAPA network also addressed efforts that they have undertaken in light of COVID-19. Ms. Naomi Tacuyan Underwood, Executive Director of the Asian American Journalists Association (AAJA), elaborated on how AAJA has issued guidelines to major newsrooms across the country on responsible reporting regarding the spread of COVID-19. Additionally, Ms. Chiling Tong, President of the Asian/Pacific Islander American Chamber of Commerce and Entrepreneurship addressed the financial risks faced by its 2 million members. She encouraged Asian American members and businesses to apply for the FCA economic injury fund online. 

Overall, multiple steps are being taken at the legislative, business, and grassroots level in order to combat xenophobia and support the Asian American community in this time of need. In order to see a full recording of the call, please click here. For additional ways you can help and get involved, please look below.

The National Council of Asian Pacific Americans (NCAPA), founded in 1996, is a coalition of 34 national Asian Pacific American organizations around the country. Based in Washington D.C., NCAPA serves to represent the interests of the greater Asian American (AA) and Native Hawaiian Pacific Islander (NHPI) communities and to provide a national voice for AA and NHPI issues. You can get in-touch with NCAPA by clicking here here.

For additional resources, please refer to NCAPA’s COVID-19 Response Toolkit, which includes sample social media graphics and posts, press coverage, and resources within and outside of our coalition. The resources include in-language resources for wellness and health, and various hate crime reporting tools. You can make a direct impact in your own respective circles and communities by regularly distributing and sharing NCAPA’s Toolkit.

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NAPABA and GAPABA Celebrate the Appointment of Judge Carla Wong McMillian to the Supreme Court of Georgia

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA) and the Georgia Asian Pacific American Bar Association (GAPABA) celebrate the appointment of Judge Carla Wong McMillian to the Supreme Court of Georgia. Appointed by Governor Brian Kemp on March 27, 2020, Judge McMillian will be the first Asian Pacific American to serve on the state’s highest court when sworn in.

“NAPABA extends congratulations to Judge Carla Wong McMillian on her appointment to the Supreme Court of Georgia,” said Bonnie Lee Wolf, NAPABA President. “A leader in her community and past president of the Georgia Asian Pacific American Bar Association, Judge McMillian will bring her record of legal excellence to the bench. During this challenging time, it is uplifting news to celebrate Judge McMillian blazing the trail as the first AAPI nominated to Georgia’s highest court.”

”GAPABA is thrilled that our own Judge Carla Wong McMillian has been appointed to the Georgia Supreme Court,” said Angela Hsu, GAPABA President. “Currently, there are no other AAPI serving on the highest courts of any state in the South, the Southeast or the Midwest. In addition to the historic nature of this appointment, Judge McMillian is a jurist, a colleague and a friend who has the love and respect of the entire legal community.”

“We are extremely proud to hear that Judge Carla McMillian has been elevated to the Supreme Court of Georgia,” added Judge Benes Aldana (ret.), chair of the NAPABA Judicial Council.

“Justice McMillian is an active member of the NAPABA Judicial Council and has been a trailblazer and an inspiration to our community.  Her elevation to the highest court in Georgia makes her the first and only Asian Pacific American to serve on a state supreme court in the South. This is such welcome news during these difficult times for our nation, as we see a rise in hate crimes against Asian Americans.” 

Judge McMillian has served on the Court of Appeals of Georgia since 2013. In 2014, she became the first and only Asian American elected to statewide office in Georgia. Prior to joining the Court of Appeals, she served as a state court judge for Fayette County. Before her appointment to the bench, Judge McMillian was a partner at Sutherland Asbill & Brennan LLP (now known as Eversheds Sutherland). A current board member and past president of GAPABA, she is also a past recipient of NAPABA’s “Best Lawyers Under 40” Award. Judge McMillian is a graduate of Duke University and received her law degree from the University of Georgia School of Law.

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National Bar Associations Denounce Rising Anti-Asian Hate Related to the Coronavirus

Seven national bar associations today released a joint statement denouncing the rising number of incidents involving anti-Asian discrimination and racist remarks related to the coronavirus and COVID-19.

Calling for unity in these challenging times are the National Asian Pacific American Bar Association (NAPABA), the American Bar Association (ABA), the Hispanic National Bar Association (HNBA), the National Association of Women Lawyers (NAWL), the National LGBT Bar (LGBT Bar), the National Native American Bar Association (NNABA), and the South Asian Bar Association of North America (SABA North America).

“Unfortunately, the emergence of the coronavirus has led to an increase in acts of hate and discrimination targeting the Asian American and Pacific Islander community. The legal community stands united against hate. The current situation calls for unity and support—not acts of division and words that sow fear,” said NAPABA President Bonnie Lee Wolf.

The FBI has warned about a surge in anti-Asian hate crimes related to the coronavirus. Numerous community organizations have documented that acts of discrimination and bias are increasing, including incidents involving stereotypes and xenophobic language.

President Wolf continued, “Thank you to our sister bars who issued their own messages of support for the Asian American and Pacific Islander community when they saw these acts of hate and discrimination on the rise. A special thank-you to ABA President Judy Perry Martinez, HNBA President Irene Oria, NAWL Executive Director Karen Richardson, LGBT Bar President Wesley Bizzell, NNABA President Robert Saunooke, and SABA North America President Aneesh Mehta for joining me in the video statement to launch this campaign. We encourage other bar associations, law firms, and organizations to join us in denouncing discrimination. We stand together. We stand against hate.”

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In the News: TKC Reports on AABANY’s Upcoming Queens Pro Bono Clinic

The Korean Channel (TKC) News, New York and New Jersey’s Korean news channel, recently covered a press conference leading up to AABANY’s upcoming Pro Bono Clinic in Queens conducted in coordination with Sandra Ung, New York State Committeewoman. 

TKC News elaborated on how AABANY plans to provide free legal assistance to Asian-American community members who face significant language barriers and financial obstacles. The Queens Pro Bono Clinic will be held in Ms. Ung’s Flushing Office and will continue on a monthly basis until June. The upcoming March 17th Pro Bono Clinic will focus primarily on Housing Law, the April 15th Clinic on Immigration Law, the May 20th Clinic on Elder Law and Public Benefits, and the June 17th Clinic on Family/Matrimonial/Education Law. 

TKC News interviewed Ms. Ung who expressed her appreciation working with AABANY to provide free legal services through her office. Additionally, the channel expanded on the criminal defense experiences of Eugene Love Kim, a regular volunteer at AABANY’s Pro Bono Clinics, and touched on how his early life has spurred him to stand for his community. 

In an interview with TKC, Mr. Kim stressed that in times of increasing racial tensions because of the Coronavirus outbreak it is important for the members of the Asian-American community to stand in solidarity with one another. As someone who has had the privilege of becoming a lawyer, Mr. Kim believes that he and others like him have a responsibility to help all Asian Americans in need of legal services to provide a brighter future for later generations. The news coverage ends with a request for all viewers in need of services to call to make an appointment. 

Read more about the Queens Pro Bono Clinic in the press release.

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AABANY Hosts Breakfast Meeting with Chief Judge Srinivasan for Law Students

On Thursday, February 27, AABANY hosted a breakfast event for law students with Chief Judge Sri Srinivasan, U.S. Circuit Judge of the D.C. Court of Appeals, at The Smith in NoMad. Judge Srinivasan was in town for AABANY’s 2020 Annual Dinner where he was presented the Public Service Leadership Award, and the judge was gracious enough to take the time the next morning to advise students pursuing careers in law. Judge Srinivasan familiarized students with his many life experiences by speaking about his upbringing, education, and career. Everything from his judicial philosophy to his love of sports provided attendees with important nuggets of wisdom and essential insights. 

Judge Srinivasan elaborated extensively on the three guiding principles that have shaped his life and his service: doing great work, being a good person, and assuming the best of those around you. 

For his first tenet, Judge Srinivasan addressed the familial and social pressures that are widely prevalent in the Asian-American community, acknowledging the constant push to “climb the ladder” and focus heavily on quantifiable success. However, despite this pressure, he insists that the goal of students shouldn’t be to chase after the most lucrative opportunities to bolster a resume, but instead, students should strive to give their best and humble effort to everything that they do, no matter how small or invisible. Such persistence will pay off and be recognized in the long-run. 

Regarding his second principle, the judge drew heavily from his own experiences with people in the legal field. He insisted that acting transparently in good-faith and modeling kind behavior will in turn make people feel heard which increases the likelihood of reaching mutually beneficial agreements. Judge Srinivasan remarked on how surprised he has been in the past by the benefits of simply listening to others. His way of approaching interacting with other people has influenced those around him, garnering the respect and trust of his peers. 

Finally, Judge Srinivasan insists that, despite our initial inclination to expect the worst of others, there are pleasant surprises to expecting the best of others. Especially in such a partisan environment, he insists that it is important to treat traditional “adversaries” not as ill-intentioned individuals but as normal people with differences in how they approach universal problems. By viewing other people as different rather than evil, the judge believes that compromises can be reached more quickly and effectively. 

After giving students background on his experiences and philosophy, Judge Srinivasan opened himself up for questions from the attendees. Many of the students focused particularly on how they can better represent their ethnic communities and perform optimally in the field. 

Since some of the students present are leaders of affinity groups on their respective campuses, the judge applauded the efforts of the student leaders and addressed the importance of student advocacy groups. He referenced a common saying by his sister, “it’s hard to be what you can’t see,” to reveal how these minority cultural groups give face to their community and provide the next generation with role models to look up to. While he acknowledged this responsibility to represent is daunting and can feel lonely at times, Judge Srinivasan believes that student leaders should reframe their thinking to feel excited in the face of adversity. 

Regarding how to achieve success in the field, the judge suggested looking for mentors who look out for your best interests, preparing for cases thoroughly, and embracing fluidity in argumentation. On a concluding note, Judge Srinivasan stressed the importance of establishing credibility in the forum by advocating zealously while still demonstrating objectivity. 

AABANY thanks Judge Srinivasan for his valuable time and thoughtful advice! If you are curious about the judge’s work, please feel free to click the link below as the D.C. Court of Appeals is one of the only appeals courts that livestream oral arguments on its website. Details at https://www.cadc.uscourts.gov/internet/home.nsf/Content/Oral+Arguments

Thanks to AABANY Legal Intern David Jung for the write-up and photos.

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New York Law School AALSA Alumni Lunar New Year Reception

On February 20, 2020, Margaret Ling, AABANY Development Director, hosted the New York Law School AALSA Alumni Lunar New Year Reception at New York Law School. Margaret is a New York Law School Alumni, Class of 1983, and is also a Board Director of the New York Law School Alumni Association. She mentors many of the Asian Law students and took this opportunity to connect them with alumni. The event was also attended by Dean Anthony Crowell and Elizabeth Briand of Development Affairs. Many thanks to AABANY for their support and Nancy Yang, AALSA President and Class of 2020.

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