Tag: aapi representation

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AABANY Co-Sponsors: The Rise in Anti-AAPI Violence and a Portrait of Asian Americans in the Law 2.0, a Fireside Discussion with Justice Goodwin Liu

On August 24, the Asian American Bar Association of New York (AABANY), the National Asian Pacific American Bar Association (NAPABA), the Asian American Bar Association of Silicon Valley (APABA-SV) and Cooley LLP co-sponsored “The Rise in Anti-AAPI Violence and a Portrait of Asian Americans in the Law 2.0,” a discussion held on Zoom with Associate Justice Goodwin Liu of the California Supreme Court. The conversation was moderated by United States District Court Judge for the Eastern District of New York Pamela Chen, who made history as the first openly LGBTQ+ Asian American judge to serve in federal court. Both speakers were introduced by Matt Nguyen, a Litigation and Investigations Associate at Cooley LLP and a former law clerk of Justice Liu’s. This discussion was prompted by two trends: The dramatic rise in anti-Asian violence during the COVID-19 pandemic and the lack of AAPI representation in senior leadership roles in the legal profession.

Justice Liu opened the discussion by giving attendees an overview of A Portrait of Asian Americans in the Law (“The Portrait Project”), an analysis of trends related to Asian Americans in the legal profession that was published by Yale Law School and NAPABA in 2017. Notably, the Portrait Project found that there has been a persistent lack of Asian American representation in senior leadership, managerial, and governmental positions, roles with decision-making capabilities, and other prestigious positions in the legal profession, such as clerkships, despite a dramatic increase of Asian Americans pursuing the law in the 1990’s and 2000’s. Respondents in the Portrait Project’s study also reported that they faced many barriers in their professional life, most notably inadequate access to mentors and contacts and a lack of formal leadership training programs. When asked how their colleagues thought of them, respondents said they were frequently perceived as hard-working, responsible, logical, careful, introverted, and awkward, but not as empathetic, creative, or assertive. Justice Liu pointed out that these descriptors could indicate implicit bias towards Asian Americans in the legal profession, as many of them align with stereotypes of Asian Americans as passive, hard-workers who lack social capital. Justice Liu also noted that lawyers and judges should conduct outreach to Asian American students in high school or earlier in college, as AAPIs have the largest declining percentage change in law school enrollment of any ethnic group, and AAPI undergraduates considering an advanced degree are less likely than those of other ethnic groups to think of pursuing a JD.

When asked by audience members why fewer Asian American students are pursuing careers in the law, Justice Liu answered that while the authors of the Portrait Project did not have a definite answer, he believed that negative perceptions about the legal profession during the Great Recession could have dampened interest in the law among AAPI students. In addition, Justice Liu also said that Asian Americans in the law suffer from a continued lack of visibility, as there are few Asian judges, prosecutors, district attorneys, and there have never been any Asian American justices on the United States Supreme Court. According to Justice Liu, increased representation of Asian Americans in government positions, elected office, and in the federal and state judiciaries would bring more attention to issues facing the AAPI community.

AABANY Executive Director Yang Chen also discussed AABANY’s Hate Eradication Active Response Team (HEART), which AABANY launched early in the COVID-19 pandemic to help Asian American community members report potential hate crimes. HEART assists community members who may have difficulty reporting anti-Asian violence due to cultural and linguistic barriers to bring reports to the police or to their local prosecutor’s office. If you would like to learn more about the HEART program or get involved, please follow the link here. Chen also mentioned generally that the AAPI community has come forward to report bias incidents and hate crimes but have not been taken seriously by law enforcement, and the anecdotal evidence for this trend is disconcerting and disappointing.

Justice Liu described this trend as illustrative of the dual challenge faced by Asian American lawyers; while they are responsible for advocating for the AAPI community, they are also victims of anti-AAPI violence and casual racism themselves. He also described such challenges as intersectional, as he discussed how female Asian American lawyers are frequently mistaken for paralegals, defendants, support staff, or almost every other position aside from a lawyer when they are in the courtroom, as the idea of a female Asian American lawyer is seemingly unimaginable. Justice Liu also said that representation is important in ensuring that the public understand the obstacles facing the AAPI community and the severity of the recent increase in hate crimes. In addition, Liu advocated for the increased use of data, as data can illustrate the widespread nature of such violence and can add credibility, while anecdotes can be dismissed as statistically insignificant. Liu also said that it may be wise to recruit those with law enforcement or prosecutorial experience in helping community members make reports, as these individuals would have a strong understanding of reporting procedure and how to work with law enforcement.

When asked about how courts should protect victims of anti-AAPI violence, while also ensuring that courts and the criminal justice system are not contributing to systemic racism targeting Black and Indigenous People of Color (BIPOC), both Justice Liu and Judge Chen said that they did not view these as zero-sum issues. They encouraged Asian, Black, and Brown communities to engage in conversations about these issues, while also saying that anti-Blackness and racism towards Brown and Asian people are all indicative of a larger trend of othering people.

Justice Liu was also asked about ways to reduce partisanship in appointments to higher level positions in government. However, Justice Liu responded by saying that he never believed Asian American representation in judiciaries and district attorneys’ offices to be political, as Asian Americans span the range of the political spectrum in the United States and many Asian community organizations are non-political.

An audience member also asked how Asian American partners and leaders can advocate for themselves and the AAPI community while also ensuring that the law is race-blind and neutral. Justice Liu responded that he viewed advocacy as a way to address implicit bias and negative perceptions that disadvantage people, instead of as a call to give individuals special treatment based on their race. He also called for leaders to re-examine processes and criteria for hiring and promotions, as many of them rely heavily on interviews or other forms of evaluation that could convey implicit biases.

AABANY would like to thank Justice Liu, Judge Chen, and Matt Nguyen for taking the time to lead such a thoughtful, relevant discussion. AABANY would also like to express its gratitude to NAPABA, APABA-SV, and Cooley LLP as co-sponsors for this event, as well as all of the attendees who came to this event. If you are interested in learning more about the Portrait Project 2.0, which is set to be published in 2022, please follow the link here.

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AABANY Teams up with AAIFF to Promote Two Films During AAIFF’s 44th Film Festival

This year, AABANY is teaming up with the Asian American International Film Festival to promote two films, A Rifle and a Bag and Americanish, during AAIFF’s film festival, which will run from August 11 – 22. AABANY members receive a 20% discount for all VOD screenings if they use the code AAIFF44_AABANY. 

This year’s festival is a hybrid festival, mixing online screenings and live-streamed events with  select in-person events. You can watch from home with an internet connection. Most films are  available for viewing throughout the U.S. and Canada unless otherwise noted. You can access AAIFF’s full list of films and in-person events and screenings at this link:  

https://www.aaiff.org/program

A Rifle and a Bag 

Somi and her husband are striving to forge a new identity after fighting alongside the Naxalites,  a communist guerrilla group that has been waging war on the Indian State since the 60’s. After  a decade of armed struggle for the rights of their tribal communities, the couple deserted the  movement and surrendered to the police. Ever since, they have been trying to educate their son  and reconcile their violent past with the desire to integrate into Indian society. 

Americanish 

In Jackson Heights, Queens, career-driven sisters Maryam and Sam and their newly immigrated cousin Ameera must navigate the consistent and sometimes conflicting demands of  romance, culture, work, and family. Serving both as a lighthearted reimagination of and critical  divergence from the classic romantic comedy, AMERICANISH tackles and celebrates the  complex intersectionalities of womanhood by welcoming us into the world—with all its joys and  tribulations—of these three marriage-aged women. 

Region Restrictions: Tri-State (NY, NJ, CT) 

How Screenings Work: 

All films are VOD – on demand. If purchasing tickets in advance, you will receive an access link  via email when the film becomes available to view. For most films, this will be August 11. If  purchasing tickets during the festival (August 11 – August 22, 2021), you will receive the access  link immediately.  

You may watch the film anytime during the festival (Aug 11 to Aug 22). Once you hit play, you  will have 48 hours to finish watching the film. If you do not finish the film within those 48 hours,  you will need to purchase another ticket. Please note that some films may have additional  restrictions. Please read the Film/Event page for any additional restrictions. For more info, please click this link.

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AABANY Hosts its Annual Judges’ Reception on May 25 in Celebration of Asian American Pacific Islander Heritage Month

On Tuesday, May 25, 2021, the Asian American Bar Association of New York’s Judiciary Committee hosted its annual Judges’ Reception on Zoom. The reception honored newly inducted, elevated and retiring judges in celebration of Asian American and Pacific Islander (AAPI) Heritage Month. 

Will Wang, Co-Chair of the Judiciary Committee, served as Master of Ceremonies and welcomed the judges and the attendees to the virtual reception. Last year’s event did not happen, due to COVID-19, and we were pleased to be able to host judges and attendees virtually via Zoom this year.

The following elevated judges were honored:

Hon. Shahabuddeen Ally, Supervising Judge, New York City Civil Court, New York County

Hon. Katheryn S. Paek, New York City Criminal Court, New York County

The following newly elected judges were honored:

Hon. Wyatt Gibbons, New York Supreme Court, Queens County

Hon. Philip T. Hom, New York Supreme Court, Queens County

Hon. Leigh K. Cheng, New York City Civil Court, Queens County

Hon. Hyun Chin Kim, County Court, Orange County

Hon. E. Grace Park, New York City Civil Court, New York County

Hon. Meredith Vacca, County Court, Monroe County 

Hon. John Z. Wang, New York City Civil Court, New York County

The following newly appointed judges were honored:

Hon. James R. Cho, United States Magistrate Judge, United States District Court, Eastern District of New York

Hon. Diane Gujarati, United States District Judge, United States District Court, Eastern District of New York

The reception also recognized and honored two judges who had retired from the bench:

Hon. Peter Tom, New York Supreme Court, Appellate Division, First Department

Hon. Doris Ling-Cohan, New York Supreme Court, Appellate Term, First Department

The honorees recognized at the event are trailblazers for Asian Americans in the judiciary. Of Blacks, Hispanics, and Asians, Asians remain the least represented group in positions within the judiciary. Although Asians make up around 6% of the United States population, in 2020, they comprised less than 3% of federal judges. In the state of New York, although Asians make up 9% of the population, Asians represent a mere 2% of state judges. That number raises even more concern when we consider that Asians account for some 14% of the population in New York City, and Manhattan’s Chinatown is literally right around the corner from State and Federal courthouses. In light of current events and the rise in anti-Asian violence, AAPI representation on the bench is more important than ever. AABANY thanks the honorees for their pioneering example.

In honor of AAPI Heritage Month, the Judiciary Committee also held a short trivia game where participants would answer questions about the history of Asian American Pacific Islanders in the United States. Questions included: What was the purpose of the Chinese Exclusion Act? Which President signed the joint resolution commemorating APA Heritage Month? What was the reason for boycotting Miss Saigon on Broadway? The winners, who each answered nine out of the ten questions correctly, were Joseb Gim, AABANY Prosecutors’ Committee Co-Chair; L. Austin D’Souza, AABANY Judiciary Committee member and SABANY President-Elect; and the Hon. Doris Ling-Cohan, an AABANY Founding Board Member and the AABANY Trailblazer Award honoree from the 2020 Fall Conference. The winners received buttons which had been created to raise funds for AABANY’s Pro Bono Clinic, inscribed with the words “One Humanity against the Virus.”

Congratulations to all the judges who were recognized and honored at this year’s Judges’ Reception, and thanks to everyone who joined us for this event. 

To learn more about AABANY’s Judiciary Committee and its work, click here.

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From the Boxing Ring to the Courtroom: Justice Peter Tom’s Life as a Pioneer

AABANY is proud to spotlight Hon. Peter Tom, the 2021 recipient of the New York State Bar Association’s George Bundy Smith Pioneer Award. Justice Tom says he is honored to receive an award named after Judge Smith, whom he always considered a good judge and good friend. Judge Smith served on the New York Court of Appeals and was a veteran of the Civil Rights Movement. Since 2007, the honor in his namesake has been accorded to lawyers who demonstrate a similar level of commitment to legal excellence, community service and mentoring. Justice Tom has done just that in his trailblazing, thirty-plus year judicial career. 

After graduating from Brooklyn Law School in 1975, Justice Tom joined the Civil Court of the City of New York as a Law Clerk, working on a wide variety of criminal and civil assignments. As he grew comfortable in the court system, he began rethinking his original plans to start his own law firm, and in 1985, Justice Tom became the first Asian American appointed to the Housing Court of the City of New York. Although he could not have known it then, this initial foray into the court system would launch a long and distinguished career of judicial “firsts” for an Asian American. In 1987, Justice Tom was one of the first Asian Americans elected to the Civil Court of the City of New York; in 1990, he became the first Asian American elected to the New York State Supreme Court in New York County; and from 1994 until 2008, he served as the first and only Asian American in the Appellate Division of the State of New York. 

While Justice Tom’s judicial career is defined by a multitude of groundbreaking rulings and widely publicized opinions, his success spanned beyond the walls of the courtroom. At age 18, Justice Tom became the first Asian American to win the New York Golden Gloves — amateur boxing’s most prestigious tournament. What began as a tactic for self-defense had landed him in Madison Square Garden’s ring on the week of four exams. As his attention flitted from schoolwork to boxing, the young Tom was learning a lesson that stuck with him even after he swapped his gloves for a gavel. In the words of the Justice, “You cannot excel at more than one thing in life because there’s just not enough time to prepare yourself. So work harder than the competition in whatever you do, and you’ll come out ahead.”

And work hard he did. While his days in retirement have been dedicated to exercise, art, and travel, Justice Tom spent much of his professional career burning the midnight oil. In his very first judicial position, the then-Housing Court Judge was swamped with twenty to thirty new cases on a daily basis. Justice Tom recalls laboring to reach as many settlements as possible on the weekdays before spending entire weekends writing legal opinions. During this time, a frequent visitor of his was the courthouse custodian, who would come in at midnight to send the indefatigable judge home before locking up. 

The concept of halfhearted work was just as foreign to Justice Tom then as it was years earlier in the boxing ring. While serving on the New York Supreme Court, he sought to instill the same tenacity in his interns, whom he taught that nothing short of absolute focus was essential for success. It is this sort of tireless work ethic that Justice Tom hopes to impress upon all aspiring jurists: “Nothing in life comes easy, so build a strong reputation for yourself by volunteering your time to your community and by working hard.”

Over the course of his judicial career, Justice Tom authored more than 500 legal opinions, many of which received front page coverage in the New York Law Journal. As a testament to the fairness of his decisions, the Court of Appeals regularly affirmed his opinions and used his dissents as the basis for reversal. In one of his most groundbreaking rulings, Justice Tom employed a 100-year-old “Bawdy House Statute” for the first time to evict drug dealers from residential property. His decision could not have come at a more opportune moment for New York, which was then being ravaged by the 1980s crack epidemic. Employing Justice Tom’s novel application of the statute, the Manhattan District Attorney’s office subsequently established a Narcotics Eviction Part throughout the city’s Civil Courts. The Justice’s ingenuity thereby helped to convert an obscure law from 1840 into a potent weapon for clearing out crack dens across the city.

While serving in the Appellate Division, Justice Tom enjoyed hearing cases on the whole spectrum of legal issues, from commercial and criminal to housing and family. One particular case, however, remains among his proudest accomplishments. People v. Luis Kevin Rojas centered on the wrongful murder conviction of Luis Rojas, whose lawyer had failed to investigate his alibi and even ineptly indicated during trial that Rojas was present at the crime scene. After his conviction, Rojas hired new lawyers and private investigators, who unearthed evidence that seemed to vindicate Rojas entirely. Writing for the appellate panel, Justice Tom castigated the defendant’s trial counsel for his “ignorance of the facts” and reversed Rojas’ conviction and his sentence of 15 years to life. Justice Tom’s decision, which saved an innocent man from a potential lifetime in prison, was featured in both the New York Times and the New York Law Journal.

Justice Tom’s first bench in the Appellate Division of the State of New York.

Though his extensive resume of legal triumphs might suggest otherwise, Justice Tom’s judicial path was not always seamless. Among the obstacles he faced was the former lack of a bar association representing Asian Americans. While AABANY now boasts nearly 1500 members as the nation’s largest affinity bar association, it was still a nascent organization — only one year old — when Justice Tom applied for his third judicial position in 1990. At the time, there were well-established ethnic bar associations for virtually all the other minority candidates. The Jewish Lawyers Guild had been established in 1962, the LGBT Bar Association of New York in 1978, and so on. Justice Tom’s ability to climb the court system without similar representation was the exception rather than the norm, as revealed by the paucity of Asian American judges seated back then.

While diversity on the bench has since increased, today’s courts are still far from reflecting the diversity of the communities they serve. Justice Tom identifies the lack of AAPIs in the judiciary as the primary reason that Asian Americans do not feel comfortable participating in the system. Particularly amid the ongoing surge in anti-Asian violence, Justice Tom says that many Asians view the predominantly white court system as a foreign institution — one where their chances of achieving proper recourse are slim. In this context, Justice Tom believes that his various judicial appointments have helped Asian Americans feel more like a part of the institution themselves. AAPIs constitute a large portion of the New York population, and representation in the judiciary must reflect this population. According to Justice Tom, greater representation of Asians among court personnel at all levels, from officers and reporters to clerks and judges, will increase the fairness of the institution in both appearance and reality.

Justice Tom served as Acting Presiding Justice of the Appellate Division, First
Department in 2007, 2009, and 2016.

As a harbinger of the increased diversity he hopes for, Justice Tom left a judicial legacy that doubtlessly merits NYSBA’s George Bundy Smith Pioneer award. Looking forward, he believes that AABANY’s rapid growth will enable the association to play a critical role in seating even more Asian Americans on the bench. Because judges can only say so much while remaining bipartisan, Justice Tom views AABANY as an advocate that can speak on behalf of budding Asian American jurists. One can only hope that among this group of aspirants, some will follow in Justice Tom’s footsteps and emerge as the next generation of legal pioneers. 

AABANY encourages everyone to attend the presentation of Justice Tom’s award at NYSBA’s Commercial and Federal Litigation Spring Meeting on Thursday, May 6, from 6:00 p.m. to 7:30 p.m. The registration page for the award ceremony can be found here.

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