Tag: aapi

Posted on

Congresswoman Grace Meng Secures Millions to Help Implement Her Hate Crimes Act Recently Signed into Law by President Biden

WASHINGTON, D.C. – U.S. Rep. Grace Meng (D-Queens) announced today that she secured $30 million in a key spending bill to expand provisions in her COVID-19 Hate Crimes Act, which President Biden signed into law on May 20th to help combat the ongoing hate and violence against Asian Americans and other impacted communities.

Meng attached the funding to the Commerce, Justice, Science Appropriations bill. The measure now heads to the House floor where it is expected to pass later this month. The money would be provided directly to community-based organizations to implement the COVID-19 Hate Crimes Act’s goal of community engagement, empowerment, and education. One of the major provisions in the new hate crimes law directs federal agencies to work with community-based organizations to raise awareness of hate crimes during the COVID-19 crisis.

“Community-based organizations are the heartbeat of our communities,” said Congresswoman Meng. “Since the beginning of the pandemic, they have been on the front lines standing against the rise in bigotry and attacks. They’ve worked tirelessly to help victims and stop this spike in discrimination and intolerance; and they have done all this under-resourced. As my COVID-19 Hate Crimes Act addresses the problem, we must be certain that community groups have the resources they need to carry out parts of the new law. I am so proud of the new $30 million grant program that would advance community-based approaches to addressing hate crimes. This vital funding would reinforce and expand the critical ground work that these community groups have been doing; it would help them scale up and expand out. I look forward to this funding being approved by the full House and passed by the Senate  – so that our neighbors can live free from hate and violence.”

Community-based organizations and civil rights groups can use the funds for:

  • Implementing and facilitating educational classes and community services for defendants convicted of hate crimes (directly related to the community harmed by the offensive).
  • Culturally competent and linguistically appropriate public education campaigns on the collection of data and public reporting of hate crimes.
  • Safety ambassadors to escort vulnerable community members in public places.
  • In-language support for victims and/or surviving families of hate crimes including mental health support.
  • Providing bystander, de-escalation trainings in multiple languages.
  • Other community-based strategies deemed appropriate for communities of color and other vulnerable and historically disadvantaged communities.

The Commerce, Justice, Science spending bill funds the U.S. Department of Justice, Department of Commerce, and science-related initiatives. Meng is a senior member of the House Appropriations Subcommittee on Commerce, Justice, Science and Related Agencies which determines the funding levels for the measure. The $30 million is allocated under a new grant program called “Community-Based Approaches to Advancing Justice.”

Other provisions of Meng’s COVID-19 Hate Crimes Act include, among other things, creating a position at the Department of Justice to facilitate expedited review of COVID-19 hate crimes, encouraging more reporting of incidents in multiple languages, and expanding public education campaigns aimed at raising awareness of hate crimes and reaching victims.

Meng reintroduced the COVID-19 Hate Crimes Act in March with Senator Mazie Hirono (D-HI). It was passed in Congress with overwhelming and bipartisan support; 364 to 62 in the House and of 94 to 1 in the Senate.

“The Community-based Approaches to Advancing Justice grant, championed by Congresswoman Grace Meng, recognizes that our communities are in crisis,” said Jo-Ann Yoo, Executive Director of the Asian American Federation. “Victims and their families continue to struggle to overcome the terrible physical, mental, and economic toll of hate violence: our seniors are terrified to step outside their doors, and parents are afraid to send their children to school even after months of isolation at home. While the nation’s attention may have shifted from the wave of violence that continues to batter our communities, we are still being called on every day to do the urgent work needed to protect them from further attacks. The Congresswoman clearly understands. This grant is an ambitious and necessary step to enhance and expand community engagement, empowerment, and education against hate. The Asian American Federation is hugely inspired by Congresswoman Grace Meng’s efforts. We thank her for her commitment to support and protect the millions of hard-working Asian Americans that continue to help our nation confront a global pandemic despite the bias they face.”

“Since the beginning of the pandemic, Rep. Meng’s leadership  has been tireless and inspiring,” said Gregg Orton, National Director of the National Council of Asian Pacific Americans (NCAPA). “Her relentless pursuit of justice and greater opportunities for the Asian American community has resulted in meaningful progress in the fight against anti-Asian hate; and we are deeply appreciative of her willingness to work with us towards these solutions. The inclusion of a new grant program at DOJ that will support the work of community-based organizations responding to hate crimes comes at a critical time. So many of our community organizations, who were already under-resourced, have been pushed even further beyond their limits to respond to hate. This provision must be preserved by the Senate.”

“ADL applauds Congresswoman Meng and the Appropriations Committee in their continued efforts to fight against hate,” said Jonathan Greenblatt, CEO of the Anti-Defamation League (ADL). “We welcome the creation of the Community-Based Approaches to Advancing Justice grant program and similar initiatives. Congress and the Administration must continue to prioritize – and fully fund – community-driven, whole-of-society approaches to address all forms of hate.”

“Congresswoman Meng is to be congratulated for her commitment to non-carceral approaches to conflict resolution,” said Laura M. Esquivel, Vice President for Federal Policy and Advocacy at Hispanic Federation. “We urge support for the ‘Community-Based Approaches to Advancing Justice’ grant program which will directly fund trusted community-based groups to build stronger, safer communities through community empowerment and education.”

“It is a long time coming for dollars to assist in the work we struggle to accomplish,” said Ken Cohen, Regional Director of the NAACP New York State Conference Metropolitan Council. “The NAACP embraces the concept and hopes the funding will find its way to the Branches of New York City, New York State and the many other organizations that do this work with little or no funding.”

“The fight for justice must be community-led and organized. By securing a $30 million grant program for community-based organizations, Representative Grace Meng is taking the appropriate steps necessary to ensure that every city in America is safer tomorrow than it was yesterday,” said Alphonso David, President of the Human Rights Campaign. “Vulnerable communities across the country, including trans and non-binary people of color, will be better equipped to prevent and respond to hate crimes because of funding for community-based strategies. The Human Rights Campaign is proud to support this provision in the Commerce, Justice, and Science FY2022 appropriations bill and urges Congress to swiftly enact it into law.”

“SALDEF applauds U.S. Representative Grace Meng’s successful effort in securing $30 million in funding to expand provisions in the COVID 19 Hate Crimes Act, which will support community- based organizations’ engagement, empowerment and education initiatives in regard to hate crimes,” said Kiran Kaur Gill, Executive Director of the Sikh American Legal Defense and Education Fund (SALDEF). “This will directly help communities impacted by hate crimes and provide critical resources to support these efforts. As a community that has been disproportionately targeted by hate crimes, Sikh Americans understand the importance of addressing these issues head on and the consequences if they are gone unchecked. These resources are critical to curbing the discrimination and violence and, by allocating them to community-based organizations, they will go where they are most needed – on the front lines. We sincerely appreciate Representative Meng’s action on this issue. “

“AABANY is immensely appreciative of Congresswoman Meng’s leadership in combating anti-Asian hate,” said Terrence Shen, President of the Asian American Bar Association of New York (AABANY). “Providing these resources to AAPI community groups is critical because they have generally been underfunded, but nonetheless deeply connected to the AAPI community. These organizations have been doing critical work since early in the COVID-19 pandemic. The increased funding will meaningfully amplify their efforts.” 

“This grant program demonstrates a commitment for community-based responses to anti-Asian hate and racism, and builds upon the historic COVID-19 Hate Crimes Act passed in May,” said John C. Yang, President and Executive Director of Asian Americans Advancing Justice | AAJC. “We are pleased that Congress will be funding community organizations that have the cultural competency to reach, serve, and support our diverse Asian American communities through mental health services, public education campaigns, training on how to respond to anti-Asian hate and harassment, and more. We thank Rep. Grace Meng for her strong and steadfast advocacy to ensure that Congress follows through on its promises to meet the needs of our communities. We also extend our appreciation to the organizations that have long been working, and have stepped up during the COVID-19 pandemic, to protect and support those who are the most vulnerable.”

Posted on

Statement of Asian American Judges Association of New York on AAPI Underrepresentation in the New York State Judiciary

July 20, 2021 

As Asian American and Pacific Islander (AAPI) jurists in the New York State court  system we celebrated AAPI Heritage month in May for the first time in our Courts by  participating in panels, co-hosting events, and acknowledging the many jurists that blazed the  trail for us. We also recognized the work that remains for the Courts to be inclusive of the AAPI  experience.  

Our fairly young history in the New York State Judiciary began only 38 years ago with  the appointment of the Hon. Randall Eng to the New York City Criminal Court bench in 1983. It  continued with the historic elections of the Hon. Peter Tom and the Hon. Dorothy Chin Brandt to  the New York County Civil Court in 1987. Judges Eng and Tom were the first Asian Americans  appointed to the Appellate Division and even served simultaneously as Presiding Justice and  Acting Presiding Justice in 2016. Equally historic was the election of the Hon. Anil Singh in  2002, the first elected South Asian judge, and his subsequent appointment to the Appellate  Division in 2017. The Hon. Raja Rajeswari became the first South Asian judge appointed in  New York in 2015.  

While we are proud to celebrate our “firsts,” many of us remain the “only,” and the AAPI  community remains underrepresented in the judiciary. Secretary Jeh Johnson highlighted this  fact in his October 1, 2020 report on equal justice in the New York State Courts, where he noted that AAPIs comprise 8.5% of New Yorkers and only 2.6% of the judiciary. Currently, there are  only 39 AAPI judges in all of New York State, and that is out of 1,227 jurists. Secretary Johnson  also reported that in New York City, AAPI people comprise 14.1% of the population and only  6.3% of the judiciary, and that the AAPI community remains underrepresented among judges  chosen by election. 37 of the 39 AAPI judges preside in New York City, and there are only two elected AAPI judges north of New York City. There has never been an AAPI judge elected in  Brooklyn, Staten Island or the Bronx. Only two out of the 86 Court of Claims judges are AAPI, and there are no South Asian jurists. No AAPI jurists currently sit on our intermediate appellate  courts in the Second, Third, and Fourth Departments. No AAPI has ever been appointed to the Court of Appeals.  

Of the 63 supervisory or administrative judicial positions in New York State, there are  only two AAPI jurists. None of the 12 Administrative Judges in New York City, 10  Administrative Judges outside New York City and 21 Supervising Judges outside of New York  City are AAPI jurists. These statistics show that Asian American and Pacific Islanders lack a full voice in the administration of justice in New York State.  

We call upon public officials, the Office of Court Administration, bar associations and  judicial screening committees to place a greater emphasis on diversity and inclusion that  recognizes and includes the AAPI community across all levels of the New York State Courts.  We also call upon our own AAPI community to be more proactive in all of the different stages of  the judicial appointment and electoral processes so that we can ensure that there is a multitude of  qualified candidates available for consideration. We hope to look back in the near future at the  progress we expect to achieve.

Posted on

NAPABA President A.B. Cruz III Testifies before the House Judiciary Committee’s Subcommittee on Courts, the Internet, and Intellectual Property on the Importance of a Diverse Federal Judiciary

For Immediate Release: 
Date: July 12, 2021

Contact: Edgar Chen, Policy Director

Click here for Testimony.

WASHINGTON – This morning, NAPABA President A.B. Cruz III testified before the House Judiciary Committee’s Subcommittee on Courts, the Internet, and Intellectual Property at a hearing entitled, “The Importance of a Diverse Federal Judiciary, Part 2: The Selection and Confirmation Process.” President Cruz’s testimony on behalf of NAPABA highlighted the challenges that Asian Pacific American attorneys often encounter as they attempt to advance in the legal profession. According to the 2017 landmark study “A Portrait of Asian Americans in the Law” (“Portrait Project”) published jointly by NAPABA and Yale Law School, the most often cited issues are lack of mentorship and role models, lack of leadership training, and work going unrecognized. President Cruz’s testimony also drew on the Portrait Projects finding that the selection process for clerkships or law firm promotion – often a prerequisite for judicial consideration, involves not only measures of objective criteria but also access to mentorship and subjective criteria which are often amorphous factors that decision makers rely on to determine whom they regard as their proteges. President Cruz was joined on the panel by his Coalition of Bar Associations of Color (CBAC) colleague and Hispanic National Bar Association (HNBA) President Elia Diaz Yeager.

###

The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, 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 all backgrounds in the legal profession..

Posted on

NAPABA Congratulates Julie Su on her Confirmation to Become Deputy Secretary of Labor

WASHINGTON – NAPABA congratulates Julie Su on her confirmation to become Deputy Secretary of Labor. Ms. Su will be the first Asian American woman to serve as the Department of Labor’s second-in-command.

“Julie Su’s experience leading California’s labor department – the country’s largest in a state that ranks as the fifth largest economy in the world, makes her extraordinarily well-prepared to serve as Deputy Secretary of Labor,” said A.B. Cruz III, President of NAPABA. “NAPABA congratulates Julie Su and applauds the Senate on her well-deserved confirmation.”

In 2014, NAPABA honored Ms. Su with its prestigious Daniel K. Inouye Trailblazer Award, which recognizes the outstanding achievements, commitment, and leadership of lawyers who have paved the way for the advancement of other Asian Pacific American attorneys. Ms. Su was recognized for her advocacy on behalf of the most vulnerable, poor, and disenfranchised workers, including for her efforts to hold garment manufacturers liable for exploiting slave labor.

Prior to her role as California Labor Secretary, Ms. Su was California Labor Commissioner, Litigation Director at Asian Americans Advancing Justice – Los Angeles, and has taught at UCLA Law School and Northeastern Law School. Ms. Su was a recipient of the 2019 American Bar Association’s Margaret Brent Award and a recipient of the MacArthur Foundation’s “Genius” Grant. She is a graduate of Harvard Law School and Stanford University.

The National Asian Pacific American Bar Association (NAPABA) is the largest Asian Pacific American membership organization representing the interests of approximately 60,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, 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.

Posted on

AABANY AAVTF Hosts a Community Workshop on “Self-Defense and Defense of Others” on June 30th

On June 30th, the Asian American Bar Association of New York’s (AABANY) Anti-Asian Violence Task Force (AAVTF) hosted a community workshop on self-defense and defense of others. The speakers were Nassau County Assistant District Attorney and Prosecutors Committee Co-Chair Joseb Gim and St. John’s University Law School Professor and Academic Committee Co-Chair Elaine Chiu. The presentation was moderated by Eugene Love Kim, Legal Aid Society attorney and Vice-Chair of AABANY’s Pro Bono and Community Service Committee, and was translated into Cantonese and Mandarin by Kwok Ng, law clerk at the New York State Supreme Court and PBCS Committee Co-Chair, and Ye Qing, attorney at Morvillo Abramovitz, respectively. 

In light of the recent surge in anti-Asian violence and bias incidents, the presentation focused on the legal consequences that New York Penal Law has for self-defense. ADA Gim gave a summary of the laws and listed the various weapons that qualify as “deadly physical force” under New York Penal Law. These weapons include, but are not limited to, pepper spray, collapsible batons, and electric stun guns. ADA Gim also pointed out that, in exercising self-defense, unless a “reasonable person” would have made the same decision to defend themselves in your situation, using regular physical force or deadly physical force to defend yourself may lead to you being charged with  a criminal offense. Prof. Chiu briefly described the possibility of also being sued in a civil lawsuit but noted that using violence within the bounds of the New York Penal Law would prevent a judgment against you. 

At the end of the presentation, ADA Gim talked about more practical, immediate implications of the laws on self-defense and defense of others. He emphasized that, oftentimes, choosing to defend yourself will result in both you and the attacker being taken into police custody from the scene for further investigation and possible prosecution. He then discussed the importance of concrete evidence, 911 calls, recordings, and eyewitness testimony in corroborating your testimony. Both ADA Gim and Prof. Chiu also noted that individuals, before defending themselves, have a duty to flee dangerous situations unless they are attacked in their own homes. After the presentation, the discussion was opened to questions from the attendees.

AABANY thanks the members of the AAVTF for organizing the community workshop and for their service to the AAPI community of the greater New York metro area. To view the recording of the event, click here. To learn more about and to help fund the AAVTF’s initiatives, click here.

Posted on

NAPABA Applauds Nomination of Jennifer Sung to the Court of Appeals for the 9th Circuit and Shalina Kumar to the District Court for the Eastern District of Michigan

WASHINGTON – On June 30, President Joe Biden announced his intent to nominate Jennifer Sung to the United States Court of Appeals for the Ninth Circuit and Shalina D. Kumar to the U.S. District Court for the Eastern District of Michigan. If confirmed, Ms. Sung would be President Biden’s first Asian American and Pacific Islander (AAPI) to serve on the appellate court and the first AAPI to serve on the Ninth Circuit in Oregon. Judge Kumar would be the first AAPI Article III judge on the federal courts in Michigan.

“NAPABA congratulates Jennifer Sung on her nomination to the U.S. Court of Appeals for the Ninth Circuit, and Judge Shalina Kumar on her nomination to the U.S. District Court for the Eastern District of Michigan,” said A.B. Cruz III, President of NAPABA. “It is indeed a historic slate for the AAPI legal community. If confirmed, Judge Kumar would be the first AAPI Article III judge in the state of Michigan. President Biden’s intent to nominate Ms. Sung is critical for our community to increase the visibility of AAPI jurists on the appellate bench. Of the 179 authorized federal appellate court judges, there are only 10 AAPIs who are actively serving.”

Ms. Sung is currently a member of the Oregon Employment Relations Board, where she adjudicates disputes involving labor relations for an estimated 3,000 Oregon employers and 250,000 workers in the public and private sector covered by collective bargaining laws. Prior to her appointment to the Board, she was a partner at McKanna Bishop Joffee, LLP in Portland. Earlier in her career, Ms. Sung was an executive board member of the New York chapter of the Asian Pacific American Labor Alliance. She is a graduate of Oberlin College and earned her J.D. from Yale Law School.

Judge Kumar currently serves as Chief Judge of the Oakland County Sixth Circuit Court in Michigan. She has been on the bench since 2007, has served as presiding judge of the Adult Treatment Court, and was appointed Chief Judge by the Michigan Supreme Court in 2018. Judge Kumar previously practiced at the Weiner & Cox law firm and served on the executive board of the Michigan Trial Lawyers Association and as a member of the Women’s Bar Association. She earned her bachelor’s degree from the University of Michigan, and her law degree from the University of Detroit-Mercy.

###

The National Asian Pacific American Bar Association (NAPABA) is the largest Asian Pacific American membership organization representing the interests of approximately 60,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network, 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.

Posted on

In the News: Law360 Covers AABANY’s Manhattan DA Candidates’ Forum

AABANY’s Manhattan DA Candidates’ Forum held on June 15 and 16 was recently covered in a June 21 Law360 article titled “Manhattan DA Candidates Split Over Hate Crime Strategy.” In the run up to the primary election on June 22, AABANY posed questions to seven Democratic candidates (Tahanie Aboushi, Alvin Bragg, Liz Crotty, Tali Farhadian Weinstein, Diana Florence, Lucy Lang, and Eliza Orlins) and one Republican candidate (Thomas Kenniff) on issues important to the Asian American and Pacific Islander community, specifically related to how they would address the surge in anti-Asian violence in New York City. Most of the candidates stated that they would use enhancements to charge perpetrators of hate crimes. In addition, most of the candidates supported creating a hate crimes unit in the DA’s Office, which is one of the proposals offered in AABANY and Paul, Weiss’ report on anti-Asian violence. Only Tahanie Aboushi and Eliza Orlins pledged they would cut the district attorney’s office budget in half. By decreasing the prosecution of low-level offenses, Aboushi and Orlins said the office would be able to focus on more serious crimes, including hate crimes that involve violence. The Law360 article also incorporated Democratic DA Candidate Dan Quart’s stances on the questions posed at the Forum as he was not able to participate due to a prior engagement.

To read the full article, click here. To view the recordings of AABANY’s Manhattan DA Candidates’ Forum, click here for day 1 (Lucy Lang, Alvin Bragg, Tali Farhadian Weinstein, and Tahanie Aboushi) and here for day 2 (Diana Florence, Thomas Kenniff, Eliza Orlins, and Liz Crotty).

Posted on

AABANY Member Profile: Vincent T. Chang Becomes First AAPI President of NYCLA

Vincent T. Chang, active member of AABANY since 2000 and former AABANY President in 2007, was inducted as the first Asian American and Pacific Islander (AAPI) President of the New York County Lawyers’ Association (NYCLA) on May 28, 2021. In his new role, Vince is prepared to lead NYCLA in supporting diverse communities, reaching out to more young attorneys and law students, and closing the justice gap to serve those in the community who are most in need.

Since high school, Vince gravitated towards pursuing a career in the legal profession. Involved in both his high school and college debate teams, Vince found overlapping aspects between debate and law. In presenting an argument, he noticed both involve research, assembly of evidence, and oral presentation. After graduating cum laude from Harvard Law School, he clerked for the Honorable Robert Krupansky of the U.S. Court of Appeals for the Sixth Circuit before joining Davis Polk & Wardwell LLP in 1989. Being familiar with litigation from his experience in debate and serving as a judicial clerk in a Federal appellate court, Vince chose to practice in litigation. Currently, Vince is a Litigation Partner at Wollmuth Maher & Deutsch LLP in New York specializing in complex commercial litigation matters in the financial industry, including investment banking, hedge funds, and mortgage backed securities.

Outside of his work at the law firm, Vince is an active member of numerous bar associations and organizations, and has served and continues to serve in various leadership positions. To name a few, Vince previously served on the New York State Bar Association Committee of Bar Leaders, on the Board of Directors at Legal Services NYC, and is currently the Vice President of the Asian American Law Fund of New York. Although he might be affectionately called a “Bar Junkie,” Vince did not participate in bar association work until later on in his career.

The first bar association Vince joined was AABANY, and he appreciated both the social and intellectual aspects of the association. He enjoyed the opportunity to learn about different areas of law while also being able to network and meet prominent lawyers. One of his fondest memories of serving as President of AABANY in 2007 was hosting the Annual Dinner because it was a rare event for 500 to 600 AAPI lawyers, including General Counsels and Judges, to all gather in the same room in New York City. This was especially significant because at the time there were at most 400 members in AABANY compared to the 1,500 members AABANY has now.

At AABANY, Vince also played a prominent role in organizing the AABANY Trial Reenactments. With a goal to educate lawyers and the public about the notable trials and cases in U.S. history involving AAPIs, Vince assisted Judge Denny Chin and Kathy Hirata Chin to develop scripts for the productions. Since 2007, Vince has starred as a cast member in numerous reenactments at the annual NAPABA conventions and at other events. He most recently played Fred Korematsu in the “Fred Korematsu and His Fight For Justice” reenactment in November 2019 at the NAPABA convention.

Today, Vince is the first AAPI President of NYCLA, which was the first bar association to admit women and lawyers of color into its membership. He views his role as both an honor and a serious responsibility—an honor because past presidents include esteemed individuals and a responsibility because of his duty to represent AAPIs and serve as a role model. At a time when diversity, equity, and inclusion are at the forefront of many bar associations’ and law firms’ missions, NYCLA plans to be more interactive with young lawyers, especially diverse attorneys, by reaching out to law schools, affinity bar groups, and law firms. Vince also plans for NYCLA to remain relevant on public policy issues and respond to them in a timely manner. He hopes that “taking positions that affect diverse communities will make them notice and realize NYCLA is on their side.”

A common theme of Vince’s work is the pursuit of justice to not only improve the legal profession, but to also improve the quality of legal representation for individuals in the community. He has served on the American Bar Association’s Standing Committee on the Federal Judiciary to review federal judicial nominees; sat on a NYCLA panel at a public hearing to address the impact of budget cuts on the Judiciary; served on the Disciplinary Committee for the First Department to prosecute disciplinary complaints against lawyers in Manhattan; and worked on other initiatives to minimize the justice gap. Vince plans to continue working on this at NYCLA as “access to justice is a hallmark of what bar associations and NYCLA are aiming for.” One program NYCLA has planned is to support attorneys who represent indigent persons through the Assigned Counsel Plan (18b). Under the proposed program, by increasing the rate at which assigned counsel are paid, there will hopefully be an increase of lawyers interested in doing 18b work, which will further decrease the access-to-justice gap. NYCLA also hopes to revive their Special Masters Program to provide an opportunity for young attorneys to gain experience working with the court system, and to close the gap between court workload and staff gap. At NYCLA’s AAPI Heritage Month Celebration on June 2nd, Vince vowed to continue to uphold NYCLA’s focus on sustaining the rule of law including the importance of practicing diversity, equity and inclusion in furtherance of fairness and justice for all.

Please join AABANY in congratulating Vince on becoming the first AAPI President of NYCLA and for doing all the work he does to support communities. We wish Vince great success in his vital new role as NYCLA President! To learn more about NYCLA, visit its website at https://www.nycla.org/. AABANY members who join NYCLA for the first time are eligible to receive 50% off their annual dues the first year and 25% off the second year. For more details, click here.

Posted on

AABANY Hosts Manhattan District Attorney Candidates’ Forum on June 15 and 16

On Tuesday, June 15th, and Wednesday, June 16th, AABANY hosted a forum with 8 Manhattan District Attorney candidates. The candidates were individually questioned on legal issues facing the Asian American and Pacific Islander (AAPI) community by a panel of members from AABANY’s Anti-Asian Violence Task Force. These included questions about whether the candidates would increase AAPI representation in top leadership positions in the Manhattan DA’s Office, their thoughts on the Manhattan DA’s prosecution of Abacus Bank in 2015, and how they would charge defendants of anti-Asian hate crimes. When time permitted, candidates were also asked questions from audience members.

Day 1 featured Lucy Lang, Alvin Bragg, Tali Farhadian Weinstein, and Tahanie Aboushi.

To view the full forum of day 1, click here.

Day 2 featured Diana Florence, Thomas Kenniff, Eliza Orlins, and Liz Crotty.

To view the full forum of day 2, click here.

AABANY thanks all the candidates for participating in the Forum. We encourage everyone to get out and vote in the Democratic Primary on June 22. We hope that this Forum will help inform the public about the Manhattan DA candidates’ views on issues facing the AAPI community.

Posted on

AABANY Co-Sponsors a CLE Program about Anti-Asian Violence and Steps Lawyers Can Take to Combat the Issue on May 26

On May 26, the Asian American Bar Association of New York (AABANY), along with the New York City Bar Association (NYCBA) and the New York State Bar Association (NYSBA), hosted a CLE program about the rise in anti-Asian violence during the past year. Karen King, AABANY Pro Bono & Community Service (PBCS) Committee Co-Chair welcomed the attendees. Bret Parker, the Executive Director of the New York City Bar Association introduced the program and gave his thanks to the organizers of the event as well. Karen Kithan Yau, AABANY Board Director and the moderator for the event, introduced the program’s panelists: PBCS Committee Co-Chair and Morvillo Abramowitz Partner Karen King; AABANY Board Director, Issues Committee Co-Chair, Asia Practice Committee Co-Chair and JAMS Mediator Chris Kwok; Girls Rule the Law founder Mirna Santiago; Kings County DA Office Bureau Chief Kin Ng; and Legal Aid Society Cop Accountability Project attorney Jennvine Wong.

Karen King and Chris began the presentation for the event. Karen first discussed the origins of anti-Asian racism during the COVID-19 pandemic, explaining that anti-Asian bias incidents began very early on in the pandemic. The number of incidents only tapered off due to the stay-at-home orders, before increasing once again after President Trump’s inflammatory statements blaming Asians for the outbreak. Chris also pointed out that the New York Police Department (NYPD) often neglected to fully investigate the earliest occurrences of anti-Asian hate, regarding them as minor incidents. He also presented a brief history of anti-Asian violence, beginning with the Chinese massacre of 1871 which immunized violence against Asians and ending with the Vincent Chin case. Karen then discussed the causes of the violence against Asians. She explained that societal stress, inaccurate information, underreporting, lack of cultural awareness of the discrimination that Asians face, and prosecution’s tendency to not pursue hate crime enhancements all contributed to the increase in anti-Asian incidents. Chris also noted that the NYPD Asian Hate Crimes Task Force not only lacks funding, but that its members are already assigned to other departments in the NYPD and serve on the Task Force on a volunteer basis. The Black Lives Matter and the Defund the Police movements also eclipsed the issue of anti-Asian violence through the end of 2020. Karen explained that AABANY’s report on anti-Asian violence was written to document this issue and keep it in the public eye.

After the presentation, Karen Yau opened the conversation to the rest of the panelists. She began by addressing Mirna, asking her what it meant to be an ally. Mirna explained that the feeling of “otherness” is something that all minority groups face. She also emphasized the need to break away from tit-for-tat allyship and to build a trans-racial coalition united to fight against racism and hate.

Karen then turned to Kin and asked about the reasons why any hate crimes had yet to be successfully prosecuted. Kin explained that unlike other crimes, law enforcement must not only prove that the perpetrator committed the crime, but also must prove that the perpetrator was motivated by racist sentiments. This process is often lengthy and requires a great deal of investigation. Kin also pointed out that acquiring evidence of hate speech can be prevented by the victim’s inability to understand English. He acknowledged how frustrating the process was, but also encouraged the attendees to report any incidents, as establishing a pattern aids the prosecution of hate crimes.

Karen then followed up by asking how prosecutors dealt with the difficulties of investigating hate crimes. Kin explained that establishing trust between the District Attorney’s Office and people in the community is instrumental in acquiring evidence. He also pointed out that more funding and employing more bilingual individuals to act as a liaison between the DA’s Office and the community would aid prosecution immensely.

Karen then turned to the issue of over-incarceration. Addressing Jennvine, Karen asked her thoughts about combating anti-Asian incidents without turning to incarceration. Jennvine acknowledged the issue, emphasizing how hate crime enhancements disproportionately affect other minorities who are already overrepresented in the prison system. She also asserted that criminalization would obscure the root cause of the violence, white supremacy. Rather than buy into the media’s false narrative of blacks versus Asians, Jennvine explained that many Asian Americans and Pacific Islanders (AAPIs) are subjected to violence because they are trapped in poverty and living in unsafe neighborhoods. Jennvine concluded by contending that turning to the NYPD would not offer a viable long-term solution.

Karen then returned to Kin, asking if the new discovery laws had any effect on the prosecution of hate crimes. Kin explained that the new laws would allow the alleged perpetrator’s defense attorney to call witnesses in their homes because the defense is entitled to interview witnesses. This change has resulted in some individuals being less willing to testify, making underreporting more severe.

Karen then moved the conversation to bail reform. She described one incident where, due to the pandemic, the alleged perpetrator of a bias incident was not put on trial and walked free without an order of protection for the alleged victim for several months before going to court. Jennvine responded by emphasizing the importance of bail reform and how previous bail laws only gave victims a false sense of security. She also pointed out that orders of protection are typically granted and also tend to only give protection in name. Kin also noted that the large gap between the report of the incident and the court date was due to the extraordinary circumstances caused by the pandemic. The absence of an order of protection was due to the lack of a court hearing until the later date.

Karen then addressed Chris, asking about his experiences in speaking with the media. Chris explained that when the report was published in February of 2021, mass media was not aware of the basic facts about anti-Asian violence. When the media coverage began to recede in March, the Atlanta shootings gave new gravity to the situation, though much of the nuance about the issue was lost in the popular narrative which pits blacks against Asians. Nonetheless, Chris also noted that the attention Asians have received in the media is unprecedented.

Karen then turned back to Mirna, asking to what degree the conflict between Asians and blacks is real. Mirna emphasized the need to educate others and to reconsider our own bias when being an ally. She also highlighted Grace Lee Boggs, an Asian woman who was extremely active in the fight for black civil rights in the 1960s. She closed by reiterating the need for listening and empathy across communities.

Karen then inquired about the importance of symbols, such as swastikas, in prosecuting hate crimes. Kin responded that since Asian cultures are extremely diverse, finding a single symbol that could be employed as a hate symbol against Asians would be difficult. Kin also reiterated that the police’s ability to prove a connection between race and the crime depends largely on the amount of effort the police are willing to put into the investigation.

Karen’s final question was about the possibility of a program where alleged perpetrators could receive counseling from victims. Karen King disagreed, questioning its practicality, but supported counseling perpetrators. Mirna concurred, stating that it should never be the burden of the victims to help their perpetrators. Chris also emphasized the importance of education and cultural competency in combating racism and building solidarity.

Kin and Chris then closed the panel discussion by reemphasizing the need for reporting incidents, as the issue of anti-Asian violence would remain invisible unless victims and witnesses stepped forward to bring the issue into the spotlight.

The President of the NYSBA, Scott Karson, concluded the event by thanking the organizers, panelists, and attendees for participating in the event, and reiterated NYSBA’s solidarity with the Asian community. Karen Yau also encouraged attendees to volunteer for AABANY’s Hate Eradication Active Response Team (HEART), an initiative which would allow volunteers to connect community members who had experienced a bias incident with legal and mental health resources.

To learn more about the HEART initiative click here. To view the full video of the program, click here.

Proudly powered by WordPress