AABANY Co-Hosts Webinar on Becoming a Magistrate Judge

On May 20, 2020, the Judiciary Committee of the Asian American Bar Association of New York (AABANY) and the Public Interest Committee of the South Asian Bar Association of New York (SABANY) co-hosted a panel on how to become a Magistrate Judge. Recently, the Eastern District of New York announced vacancies for four US Magistrate Judge positions, the first time so many opportunities have been simultaneously available since the positions were created. The webinar provided important information and advice for individuals who might be considering a career as a Magistrate Judge.

The event featured panelists Hon. Sanket Bulsara, Hon. Peggy Kuo, and Linda Lin. Judge Bulsara was appointed as a Magistrate Judge of EDNY on August 28, 2017, and previously served as Acting General Counsel of the Securities and Exchange Commission. Judge Kuo was appointed on October 9, 2015, and prior to her appointment, she served as the Acting Deputy Chief of the Civil Rights Division Criminal Section at the U.S. Department of Justice; litigation counsel at Wilmer Hale, LLP; Chief Hearing Officer at the New York Stock Exchange; and Deputy Commissioner and General Counsel of the New York City Office of Administrative Trials and Hearings. Linda Lin is the General Counsel of Business Unit Support at QBE North America and a member of the EDNY Magistrate Judge Merit Selection Panel. Austin D’Souza, Principal Law Clerk to Hon. Faviola A. Soto at the New York Court of Claims and Vice President of Public Relations at SABANY, served as the moderator.

Judge Bulsara and Judge Kuo discussed their responsibilities as Magistrate Judges. They emphasized that though their docket is heavily civil, varying between 400-500 cases per judge, they also play an important role on the criminal side. Magistrate Judges are on criminal duty approximately once every ten weeks, during which they preside over arraignments, initial appearances, and bail hearings. They also conduct jury selection in felony cases. Judge Bulsara noted that his favorite part of being a Magistrate Judge is presiding over naturalization ceremonies and interacting with wonderful colleagues.

Linda Lin described the application process and how potential candidates are evaluated. Members of the Selection Panel independently review the applications and decide on which candidates to interview. Prior to the interview, the panel conducts due diligence and may reach out to references beyond those mentioned in the candidate’s application. The Selection Panel also requests writing samples, preferably those that demonstrate analysis and are centered around advocacy and litigation. Finally, five names are presented to the Board of Judges, who decide whom to appoint as a Magistrate Judge. While reviewing applications, members of the Selection Panel look for the following qualities: scholarship, from academic records to achievements; active practice of the law, including breadth and depth of experience, professional competence, and pro bono and public service activities; knowledge of the court system and recent experience in front of the federal bench; and personal attributes, or judicial temperament.

Judge Kuo advised individuals applying to become a Magistrate Judge to prepare for their interviews by going back and reading their application and writing samples, looking up the biographies of members of the Selection Panel, and reviewing the Rules of Civil Procedure. Judge Bulsara urged candidates to take advantage of the mock interviews offered by AABANY and sit in on proceedings in court.

We thank our panelists for speaking on the program and sharing insightful advice about the process of becoming a United States Magistrate Judge. Thanks also to Austin D’Souza for serving as an excellent moderator. For more information on AABANY’s Judiciary Committee, please see https://www.aabany.org/page/115.

AABANY Hosts Weekly Zoom Membership Mixer on May 29

On May 29, 2020, the Membership Committee hosted their weekly Zoom Mixer Membership Mixer, with 29 participants in attendance. In honor of Membership Director Beatrice Leong’s birthday, the icebreaker question posed to the participants was: “What was your favorite or most memorable birthday memory or gift?” The overwhelming answer by most participants was “getting drunk on their 21st birthday.” Other answers included a one-week alcohol bender, birthday parties in McDonald’s with childhood crushes, Tokyo birthdays, birthdays where members took the LSAT and passed the bar exam. Members’ favorite gifts included a Voltron toy, a song written in their honor, and a 3D printed toy of the member’s likeness.

This mixer featured Trivia Night hosted by Sal Chan. Sal is Chief of Operations at the trial boutique Mukasey Frenchman & Sklaroff. Thank you, Sal! Anyone interested in joining Zoom trivia nights every Thursday can email Sal at  sal.chan@mfsllp.com.

We had enough attendees to form four teams. Three of the teams stayed through two full rounds of quetstions. The winning team was “Taking Back Monday.” Congratulations to team members Andrew Kao, Puja Sharma, Kevin Hsi and William LimDuring the game, we encouraged participants to donate to a fund, with the winning team getting to pick which charity or cause they wished to support. Taking Back Mondays kindly agreed to donate to AABANY’s Pro Bono Clinic. Thank you, Taking Back Mondays!

The Membership Committee previously hosted Monthly Mixers at bars, ballparks, stadiums, operas, etc., but due to COVID, we moved online to offer members a weekly outlet to share their feelings, see old friends, and make new connections. Mixers start at 6:30pm on Friday and the main event ends at 7:30pm but people have stayed on after 7:30pm for smaller breakout groups.

We are giving away door prizes during some weeks. In order to win, you must be a member and must RSVP on aabany.org to get a raffle number. Non-members can join the Zoom mixer but won’t be eligible to win a prize. Mixers are not recorded, and are LIVE, so don’t miss out.

This week’s mixer will take place on Friday, June 5, at 6:30 pm. Register by June 4 at https://www.aabany.org/events/event_details.asp?legacy=1&id=1366638. We hope to see you there.

Co-Chair Karen Lin Published in Historical Society of the New York Courts blog for APA Heritage Month

Pro Bono and Community Service Committee co-chair Karen Lin writes about why we celebrate Asian Pacific Islander American Heritage Month for the Historical Society of the New York Courts blog.

The Historical Society of the New York Courts was founded in 2002 by then New York State Chief Judge Judith S. Kaye. Its mission is to preserve, protect and promote the legal history of New York, including the proud heritage of its courts and the development of the Rule of Law.

A first generation immigrant herself, Lin attempts to define what it means to be “Asian American,” noting that the term often groups a diverse collection of people into a single phrase. In actuality, she explains, there are a plethora of cultures, languages, religions, histories, and patterns of immigration within the umbrella term; perhaps what most strongly links Asian Americans to one another are the hardships they face.

“Asian Americans are often grouped together as an undifferentiated mass and many share the experience of being treated as perpetual foreigners who do not fully belong in America,” Lin writes. From the Bubonic Plague of the 1900s – when San Francisco’s Chinatown was quarantined – to the present day, when COVID-19 has propelled a new wave of anti-Asian xenophobia and racism, Asian Americans have historically faced people challenging their place in this country, Lin says.

The designation of May as Asian Pacific Islander American Heritage Month, then, is an homage to Asian Americans who often feel invisible. Lin explains that May was chosen to celebrate Asian American history to mark the anniversary of Japanese immigrants arriving in the US, and to acknowledge the contributions of Chinese workers in building the transcontinental railroad.

Lin embeds a powerful lesson in her article: Asian Americans will no longer accept being silenced, blamed, or overlooked. This month is only the first step on the journey ahead.

Thanks to Karen Lin for sharing these important thoughts on APA Heritage Month. To read the full blog post, click here.

Asian American Federation Hosts Two-Part Series on Staying Safe During COVID-19 And Beyond

The Asian American Federation (AAF) will be hosting two safety trainings on how individuals can protect themselves and their communities during COVID-19.

On Friday, May 29, 2020, from 3 PM to 5 PM, AAF will be presenting on Using Nonviolent Communication During COVID-19.

On Thursday, June 4, 2020, from 3 PM to 5 PM, AAF will be exploring Using Conflict De-Escalation Strategies In Our Homes.

Register for these events at https://www.eventbrite.com/e/staying-safer-a-two-part-series-tickets-104770272706.

Asian American Federation Hosts Community Upstander Training To Stop Anti-Asian Harassment

On Wednesday, May 27, 2020, from 1 PM to 3 PM, the Asian American Federation will be hosting an Upstander Training workshop to address the ways that xenophobia and scapegoating since the COVID-19 outbreak continue to rise, most consistently against Asian communities.

Through a presentation and interactive break-out groups, participants will explore opportunities and strategies to be “upstanders” during the current moment and help disrupt this wave of anti-Asian bias through safety interventions, de-escalation tactics, and calling-in strategies.

Register for this event at https://www.eventbrite.com/e/community-upstander-training-tickets-105204906708.

AABANY Hosts Weekly Zoom Membership Mixer on May 22

On May 22, 2020, the Membership Committee hosted their weekly Zoom Mixer Membership Mixer, with 21 participants in attendance. The icebreaker question posed to the participants was “What song would be playing if you had to  make an grand entrance?” Members named “Fly Me to the Moon,” “Game of Thrones” theme song, “Eye of the Tiger,” “Final Countdown,” K-Pop classics, “‘Law and Order” theme, “Juicy,” “Young, Scrappy and Hungry,” and more great songs.

This mixer featured AABANY Treasurer Will Hao, Alston & Bird Associate Will Lee, Pro Bono Committee Vice Chairs Karen King and Kwok Ng who gave members a preview of an upcoming COVID-19 small business relief community presentations.

The Membership Committee previously hosted Monthly Mixers at bars, ballparks, stadiums, operas, etc, but due to COVID, we are moving online to offer members a weekly outlet to share their feelings, see old friends, and make new connections. Mixers start at 6:30pm on Friday and the main event ends at 7:30pm but feel free to stay on after 7:30pm for smaller breakout groups.

We are giving away door prizes on some weeks. In order to win, you must be a member and must RSVP via the calendar entry on aabany.org to get a raffle number. Non-members can join the Zoom mixer but won’t be eligible to win a prize. Mixers are not recorded, and are LIVE, so don’t miss out.

This week we gave away a Hulu subscription – congratulations to Bryan Cheah for winning! Congratulations to Bryan also for graduating from Rutgers Law School, and we wish you the best of luck in preparing for the bar exam!

Please register at https://www.aabany.org/events/event_details.asp?legacy=1&id=1366637 to join us on May 29, for a possible trivia night, and to celebrate Beatrice’s birthday!

AABANY Presents Community Webinars on Anti-Asian Violence in Mandarin and Cantonese

Mandarin Webinar
Cantonese Webinar

On Saturday, May 16, the Asian American Bar Association of New York (“AABANY”) hosted its “Mandarin and Cantonese Community Webinar on Anti-Asian Violence,” part of a broader series aimed at addressing the rise in anti-Asian violence in light of COVID-19. The events focused on briefing individuals on how to defend themselves if an incident were to occur and also discussed relevant state laws that protect victims. The Mandarin webinar aired from 2:00-3:00 PM and the Cantonese webinar aired from 3:00-4:00 PM.

Guest speakers included moderator Kwok Kei Ng and representatives from the NYPD, Simpson Thacher & Bartlett LLP, and the New York City Commission on Human Rights (NYCCHR).

William Kwok, Asian Liaison of the Immigrant Outreach Unit of the NYPD Community Affairs Bureau, discussed the practical measures by which individuals can protect themselves from immediate physical harm. Individuals are encouraged to run into public spaces such as stores or public spaces that may have police officers on duty. If they are able, victims are encouraged to call 911 or get bystanders to contact the police. There are translators on stand-by at the NYPD if needed. Most importantly, undocumented persons should not be afraid of calling the NYPD as officers are forbidden to inquire about a victim’s immigration status.

Additionally, Officer Kwok and Mr. Ng discussed specific provisions of the Hate Crimes laws that apply. New York Penal Law § 240.30-3 describes the elements of Aggravated Harassment in the Second Degree, stating that the incident must reflect an intent to harass, annoy, threaten, or harm through physical force. New York Penal Law §485.05, the Hate Crime Law, enhances sentencing if the incident is proven to be bias-motivated. Victims and bystanders should be unafraid of reporting incidents to the authorities; any materials whether in the form of videos, audios, or testimonials can help secure a conviction. Officer Kwok and Mr. Ng presented in both the Mandarin and Cantonese webinars.

Lastly, Jiarui Li, an associate at Simpson Thacher and guest speaker for the Mandarin webinar, and Karen Yau, Co-Chair of the AABANY Pro Bono & Community Service Committee and guest speaker for the Cantonese webinar, discussed the various resources available to victims. Victims should contact the New York Office of Victim Services and the NYCCHR to see if they are eligible for compensation and legal assistance. Both New York City and New York State have dedicated Hate Crimes Task Forces that victims can contact. Victims residing in New Jersey or Connecticut can contact their own individual state Hate Crimes Task Forces.

The guest speakers reiterated the importance of reporting anti-Asian incidents to the police. Only by informing the relevant authorities can we adopt a preventative approach and stop bias incidents from occurring before individuals are harmed.

We thank the guest speakers for joining us and for their commitment to protecting the well-being of everyday New Yorkers. For more information on anti-Asian harassment and violence, email aabanyclinic@gmail.com or call our hotline at 516-690-7724.

AABANY Hosts Panel Addressing Anti-Asian Violence and Hate Arising From COVID-19 (Korean)

On Sunday, May 17, 2020, the Pro Bono & Community Service Committee of the Asian American Bar Association of New York (AABANY) hosted the Korean version of its webinar series, “Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic.” The presentation addressed the increase in violent incidents against Asians in the community and included a discussion of the rights that victims and bystanders have when a racially motivated confrontation occurs, as well as what actions rise to the level of a prosecutable offense.

The webinar featured moderator, Sean Dong Min Rhee, a Northeastern University law student, as well as two panelists: Kings County Assistant District Attorney Stephanie Pak and Naomi Jeehee Yang, an Associate at Paul Weiss.

During the presentation, Stephanie Pak explained what actions would constitute a hate crime (P.L. §240.30) and aggravated assault (P.L. §485.05) as set forth in New York Penal Law. She also gave examples of actions that would rise to a criminal level so that community members would be able to recognize incidents which they should report to law enforcement agencies or their local District Attorney’s office. Furthermore, Stephanie emphasized that when Korean victims are called Chinese during an assault, this does not invalidate the action from being prosecuted as a hate crime but rather makes the issue ripe for prosecution.

The other panelist, Naomi Jeehee Yang, shared information on who to contact during or after these incidents, as well as a few helpful tips that can help prosecutors and law enforcement. She stressed the importance of recording an incident because the evidence is often a key component in successfully prosecuting assailants. If this is not an option, it is important to call 911, as phone calls to police are recorded and can also be used as evidence during a criminal trial. Most importantly, Naomi spoke on the significance of reporting these anti-Asian episodes. If incidents are reported there will consequently be a more accurate number of cases in which Asians are being victimized in the community. This, in turn, increases the visibility of this issue and will spur action by government officials and policymakers – bringing about legislation or resources that can be helpful to the Asian community.

Thank you to our panelists, the excellent attorneys at Paul Weiss for their pro bono assistance, and our volunteers at the Pro Bono Committee for planning and organizing our Anti-Asian Violence and Hate Arising from the COVID-19 Pandemic webinars. We will have more community presentations on topics related to COVID-19 and its impact on the AAPI community this month. For more information on anti-Asian harassment and violence, email aabanyclinic@gmail.com, call our hotline at 516-690-7724, and check out the resources that AABANY has compiled at https://www.aabany.org/page/covid19.

View the video of the webinar by clicking on the image above.

AABANY Member Profile: Hon. John Z. Wang Runs for New York City Civil Court

https://www.instagram.com/judgewang4civilcourt/

Hon. John Z. Wang, a proud member of AABANY, has launched his own campaign to run for New York City Civil Court in the First Municipal Court District, which covers Battery Park, Chinatown, FiDi, Greenwich Village, Soho, Tribeca, and Two Bridges. An active contributor to the Judiciary Committee of AABANY, Judge Wang has organized panels on how to become an appointed and elected judge in hopes of encouraging more Asian American and Pacific Islander lawyers to pursue this path. Now, he hopes to make his community proud by becoming the first Asian American Civil Court Judge elected to the First District.

Judge Wang immigrated to the United States at five years old and grew up in a predominantly working-class Italian American neighborhood in Brooklyn. As one of very few Asian Americans in his community, he recognized the dangers of racism and bigotry and the importance of respecting other cultures and races.

The Judge has devoted his entire career to public service. After graduating from Vassar College and Brooklyn Law School, he received a six-month fellowship to work at Legal Services, where he advocated for claimants of unemployment insurance. Subsequently, he served as a court attorney in Brooklyn Family Court and the Bronx and Manhattan Civil Courts, and clerked for Hon. Anthony Cannataro, a New York State Supreme Court Justice and the Administrative Judge of the New York City Civil Court. Last year, Judge Wang was appointed as a Brooklyn Housing Court Judge. In all his years serving in New York’s courts, he has also contributed to policy-making by helping to restructure parts of the Manhattan Civil Court.

Now, Judge Wang hopes to serve as the first Asian American Civil Court Judge elected to the First Judicial District. Judge Wang views the Civil Court as the people’s court–it serves everyday people with real, working-class issues. He is moved by the stories and individuals that these small claims and credit card disputes represent, and hopes to do his part to deliver justice to everyday people.

Judge Wang also maintains a reputation for treating individuals that come before him with dignity, compassion, and fairness. As the only sitting judge in this contested race, Judge Wang understands the weight of making difficult decisions regarding people’s livelihoods.

AABANY’s Judiciary Committee vetted Judge Wang for his appointment to Housing Court in 2017 and found him highly qualified and well-suited for the role. The Committee noted that “[t]he advocates and judges that encounter Mr. Wang in the courthouse uniformly praise his intellect, work ethic and demeanor.” After more than two years on the bench, Committee Co-Chair Will Wang (no relation) observed: “It is somewhat uncommon for a relatively recent judge to have published the number of opinions Judge Wang has published. To me, this demonstrates both Judge Wang’s work ethic and overall writing ability.”

Judge Wang believes he faces a tough but winnable campaign. The COVID-19 pandemic has created serious challenges, including uncertainty in voter turnout and participation, but he hopes that his experience working in Civil Court will inspire individuals to volunteer and vote for him.

For more information on Judge Wang’s campaign, including how you can volunteer or support his candidacy, visit https://www.judgewang4civilcourt.com/ or email judgewang4civilcourt@gmail.com.

This member profile has been published for informational purposes only and does not constitute and should not be construed as a campaign endorsement.

https://www.instagram.com/judgewang4civilcourt/
https://youtu.be/FbSQZ09RWOc