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NAPABA Stands in Solidarity with the LGBTQ Community After the Tragic Attack in Orlando

For Immediate Release
June 13, 2016

The National Asian Pacific American Bar Association (NAPABA) stands with the LGBTQ community after an unconscionable attack this weekend at an Orlando nightclub — which also serves as a community center and safe haven for the local LGBTQ population — left approximately 50 people dead and over 50 people injured.

NAPABA stands against violence and hate, and today, we stand in solidarity with Orlando and the LGBTQ community. All people should be able to live their lives without the fear of being targeted because of their sexual orientation and gender identity.

For more information, the media may contact Brett Schuster, NAPABA communications manager, at 202-775-9555 or bschuster@napaba.org.

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of approximately 50,000 attorneys and approximately 75 national, state, and local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government.

NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, 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.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter (@NAPABA).

National Asian Pacific American Bar Association | 1612 K St. NW, Suite 510 | Washington, D.C. 20006 | www.napaba.org

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AABANY Stands with Victims of Orlando Shooting

The Asian American Bar Association of New York is deeply saddened by the horrific massacre that occurred on June 12, 2016 in Orlando, Florida. We are grieved and mourn with the victims, their families, the LGBT community, and the city of Orlando. We stand in solidarity in this difficult time to take real steps toward making this country a place where all Americans feel secure, safe, and able to be fully authentic to who they are no matter their race, ethnicity, gender, sexual orientation, or religion.

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The Problem With Calling Out Judges for Their Race

The Problem With Calling Out Judges for Their Race

In a June 5 article in the Atlantic by Garrett Epps, who teaches constitutional law and creative writing for law students at the University of Baltimore, the author commented on the controversy surrounding Donald Trump’s criticism of Judge Curiel because of his race by citing the 1998 case of Macdraw Inc. v. CIT Equipment Financing. That case is notable for the fact that the Hon. Denny Chin, then the only Article III United States District Judge east of the Mississippi, presided over it.

In response to an unfavorable decision against the plaintiff, plaintiff’s counsel filed a brief in which they questioned Judge Chin’s impartiality on account of his race. Responding to this point, Judge Chin wrote: “This sentiment is absurd and demeans me individually and the Court as a whole.” He then sanctioned plaintiff’s attorneys by requiring them to withdraw from the case and banning them from appearing before him in any future matter. He also directed the court clerk to report this sanction to every court in which plaintiff’s attorneys held bar membership.

On appeal to the Second Circuit, Judge Chin’s ruling was upheld in strong terms. Chief Judge Ralph Winter wrote: “Courts have repeatedly held that matters such as race or ethnicity are improper bases for challenging a judge’s impartiality.”

The article goes on to cite the case of the Vietnamese Fishermen against the Ku Klux Klan, without realizing that this latest AABANY Trial Reenactment was led by Judge Chin. In that case, the Ku Klux Klan sought to disqualify Judge Gabrielle Kirk McDonald, the first African American appointed to the Federal bench in Texas, on the grounds that she would not be impartial in a case in which the Ku Klux Klan was the defendant. Judge McDonald denied the motion from the bench, stating: “You are not entitled to a judge of your choice. You are entitled to a judge who will give you a fair trial. I am deeply committed to equal justice under the law and you will get it. You are entitled to nothing more and nothing less.”

In the three decades since the Vietnamese Fishermen case, we are still confronting race-based attacks against judges, which is indeed a sad state of affairs. We thank Judge Chin for standing up against this type of racism back in 1998 and for his continuing to teach all of us that these kinds of attacks against judges and the judiciary are improper, inappropriate and intolerable.

To read the full article, click the link in the title.

To learn more about the Vietnamese Fishermen trial reenactment, click here. For more information about the AABANY Trial Reenactments click here.

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Meet the Affinity Bar Group Presidents

Meet the Affinity Bar Group Presidents

AABANY President Susan Shin was featured in The New York Law Journal:

Susan Shin, 43, is a partner at Arnold & Porter practicing complex business litigation. She is a 2001 graduate of Columbia Law School. Prior to joining Arnold & Porter she clerked for Eastern District Judge Raymond J. Dearie.

Shin’s term began on April 1.

Additional officers are president-elect Dwight Yoo; immediate past president William Wang; vice president of programs and operations Marianne Chow; vice president of finance and development William Ng; treasurer Amy Ngai; and secretary Ligee Gu.

During her term, Shin plans to work with other officers, the board of the association and committee chairs to invigorate and actively engage the association’s roughly 1,100 members to take part in the association’s theme for 2016: “Speak up, Rise up, and Lift up,” which calls on members to work together, help each other advance and succeed, be vocal in affecting positive change at firms, companies and organizations at which we work and devote time to mentor and train young Asian American lawyers.

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5 Receive City Bar Legal Service Awards

5 Receive City Bar Legal Service Awards

Congratulations to Donna Chiu, AABANY Member and attorney at Asian Americans for Equality, on her recent honor from the New York City Bar Association. One of five recipients, Donna was honored at the City Bar’s 27th Annual Legal Services Awards recognizing those who provide full-time outstanding civil legal assistance to New York’s poor.

Click on the link above to see New York Law Journal’s article.

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St. John’s Law Celebrates Commencement 2016 | St. John’s University

St. John’s Law Celebrates Commencement 2016 | St. John’s University

Our Former Intern, Christina Nguyen, is featured on the St. John’s School of Law’s website. Congratulations to Christina Nguyen on graduating this year – we wish you success in your future career!

When Christina Nguyen ‘12CPS, ‘16L strode across the commencement stage at Carnesecca Arena on Sunday and became a St. John’s Law graduate, it was a milestone first for her and her family.

The daughter of Vietnamese immigrants and a Queens Native, Nguyen was a Legal Studies major and Business minor at St. John’s University when she decided that she wanted to be a lawyer. After earning her B.S. magna cum laude, she chose to attend St. John’s Law because of its strong alumni network, close ties to the New York legal community, and family-like environment.

“It’s a family that I’m proud to be a part of,” Nguyen says. She shared that pride over her three years at the Law School as an editor of the Commercial Division Online Report, as director of external competitions for the Dispute Resolution Society, on dispute resolution and appellate advocacy competition teams, and as an active member of the Asian Pacific American Law Students Association, among other activities.

The story also prominently features Justice Randall Eng, St. John’s alum and first-ever Asian American Presiding Justice of the Appellate Division for New York State. Congratulations to Justice Eng on receiving his honorary Doctor of Laws from St. John’s.

Reflecting on this milestone event, Christina Nguyen says: “Justice Eng’s story was very relatable, especially since, like him, I’m first generation Asian American and the first in my family to become a lawyer. I appreciate his reminder to not let barriers stop me. He sets a wonderful example for me to follow as I transition from law student to practitioner.”  

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EFiling – N.Y. State Courts

EFiling – N.Y. State Courts

New Mandatory E-filing Programs Proposed 

The Office of Court Administration is seeking comment from interested members of the legal profession and the public concerning proposals for new mandatory programs of electronic filing. 

REQUESTS for PUBLIC COMMENT

Comment by June 30, 2016: 
Albany County Supreme Court. All new Tax Certiorari matters to be electronically filed, effective July 13, 2016. (Proposed May 17, 2016)

Comment by June 27, 2016:
Queens County Supreme Court. All new commercial cases including but not limited to contract, insurance, Uniform Commercial Code and corporate matters, to be electronically filed, effective July 13, 2016. (Proposed May 2, 2016) 

Email to: efilingcomments@nycourts.gov

For more information click the link in the title.

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Organizational Statement | NAPABA Denounces Donald Trump’s Racist Attacks on Judges


Organizational Statement

For Immediate Release
June 7, 2016

                                                  For More Information, Contact:
                                                  Brett Schuster, Communications Manager
                                                  bschuster@napaba.org, 202-775-9555

NAPABA Denounces Donald Trump’s Racist Attacks on Judges

The National Asian Pacific American Bar Association (NAPABA) denounces Donald Trump’s recent remarks accusing Judge Gonzalo Curiel of partiality because he is of Mexican descent. Judge Curiel, who was born in Indiana to Mexican immigrant parents, currently serves on the United States District Court of the Southern District of California. Mr. Trump has claimed that Judge Curiel should be disqualified from adjudicating a case to which Mr. Trump is a party because Judge Curiel is “Mexican” and because Mr. Trump believes that his support of the building of a wall along the U.S.-Mexico border creates “an inherent conflict of interest” with the judge. Mr. Trump later expanded his position to include Muslim judges, whom Mr. Trump believes would be unable to preside fairly over cases to which he is a party because of his public policy positions.

Judges should not be accused of unfair bias because of their race, ethnicity, national origin, or religion. When Donald Trump questions the independence, fairness, and impartiality of a judge simply because he is the son of immigrants or adheres to a particular religion, he sends a strong message to the American people against diversity in the judiciary and he undermines public trust in the rule of law.

“NAPABA has never endorsed a Presidential candidate, and does not intend to do so this year,” said NAPABA President Jin Y. Hwang. “We speak out against Donald Trump because his remarks calling into question the ability of judges to be fair and impartial based on their ethnic background or religion are contemptible. This critique is not about politics — it is about fundamental respect for the judicial branch and those who serve in it. The fact that the comments came from a Presidential campaign podium only serves to make the comments even more disturbing — and dangerous.”

Unfortunately, similar charges have been made against respected Asian Pacific American jurists. In MacDraw Inc. v. CIT Group Equipment Financing Inc., 138 F.3d 33 (2d Cir. 1998), lawyers criticized Judge Denny Chin for alleged bias due to his ethnicity. Fortunately, the reviewing court condemned the charges and Chief Judge Ralph Winter of the Second Circuit Court of Appeals — one of the most respected jurists ever appointed to the federal bench by President Ronald Reagan — made clear that the race of a judge is an impermissible basis for attacking a judge’s impartiality, and even went so far as to approve sanctions against the attorneys by forbidding them from ever appearing again in federal court in New York.

As the national representative of Asian Pacific American lawyers and judges, NAPABA strongly rejects the notion that judges of diverse backgrounds are unable to fulfill their Constitutional duties in a fair and impartial manner. Asian Pacific American judges from varied and different backgrounds ably serve as fair and impartial jurists who are dedicated to the fair application of the rule of law in the United States and they should not be subjected to speculative and unfounded attacks based on their race, ethnicity, national origin, or religion.

For more information, the media may contact Brett Schuster, NAPABA communications manager, at202-775-9555 or bschuster@napaba.org.

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of approximately 50,000 attorneys and approximately 75 national, state, and local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government.

NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, 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.

To learn more about NAPABA, visit www.napaba.org, like us on Facebook, and follow us on Twitter (@NAPABA).

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