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.

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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.

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).

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.

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.

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.

AABANY AAVTF Holds a Briefing on Anti-Asian Violence on May 25

On May 25, the Asian American Bar Association of New York’s Anti-Asian Violence Task Force (AAVTF) hosted an information briefing about the AAVTF’s activities and about the rise in anti-Asian violence during the COVID-19 pandemic. The speakers for the event were AABANY President Terry Shen; Board Director, Issues Committee Co-Chair and Asia Practice Committee Co-Chair Chris Kwok; Board Director and past Pro Bono & Community Service (PBCS) Committee Co-Chair Karen Yau; PBCS Committee Co-Chair Karen King; Prosecutors’ Committee Co-Chair Joseb Gim; and Executive Director Yang Chen.

Chris and President Shen gave the opening remarks, introducing the event, and thanking all the attendees for coming.

After these remarks, Chris began the presentation, explaining how the publicity about anti-Asian violence generated in mainstream media has suddenly catapulted Asian American and Pacific Islanders (AAPIs) into the public consciousness. Unlike before, Asians are now viewed as a group that experiences discrimination and violence, just like any other minority. Chris explained that these realizations politically empower AAPIs to make change in the political system as Asians become more aware about race and the ways in which it affects them. The AAPI identity has also been recreated through artwork, publications, and other initiatives. Asian non-profits have also begun receiving a large influx of donations that have great potential to aid the AAPI community. Chris also discussed the history of AABANY’s report and how Trump’s inflammatory rhetoric about the virus incited a wave of anti-Asian hate and violence during early 2020. These events culminated in the report’s publication in February 2021. Karen then discussed the report’s publication process which involved the feedback and support of bar associations, law firms and other organizations. The subsequent publicity generated by the report was cemented by the anti-Asian shootings in Atlanta. Ever since, Karen explained, AABANY has frequently been requested to speak at numerous events and on many media outlets. Many initiatives proposed by the report have also since been implemented.

Yang then went on to discuss the genesis of the AAVTF, made up of members of the Academic Committee, Issues Committee, Legal Referral and Information Services (LRIS) Committee, PBCS Committee, Prosecutors Committee, and Student Outreach Committee as well as Immediate Past President Sapna Palla, President Shen, and President-Elect Will Ng. Yang also explained how the AAVTF was founded to realize the goals outlined in the report, focusing on three prongs of action: education/communication, research, and advocacy. Ever since, the AAVTF has pressed for hate crime prosecutions in DA Offices, published Know Your Rights Brochures for community members on what to do if they face an anti-Asian bias incident or hate crime, organized speaking engagements, begun data tracking for incidents, formed the Hate Eradication Active Response Team (HEART), and much more to raise awareness and combat anti-Asian violence.

Joe Gim, prosecutor and the Chief of the new Hate Crimes Bureau at the Nassau County DA Office next discussed the role of the Prosecutors’ Committee in the AAVTF, which was primarily to shed light on criminal statutes and on the gaps between law enforcement’s understanding and implementation of these statutes. This information, Joe explained, is used to strengthen AABANY’s initiatives and advocacy efforts.

Chris affirmed this statement, reiterating his thanks to the AAVTF and the indispensable support it provides in leading the conversation about anti-Asian violence. Chris also pointed out that any movements that fight back against hate, regardless of which group is targeted, are fighting against a common enemy of structural racism.

Yang and Karen Yau went on to promote the Turning the Tide (T3) Project, which is hosted at the Asian American Law Fund of New York (AALFNY) to raise money for the AAVTF’s initiatives, research, and advocacy combating anti-Asian hate and violence. Karen King also gave a special shoutout to the HEART initiative, encouraging the attendees to volunteer their time to help connect victims of anti-Asian violence with legal aid and other resources. She also encouraged attendees to involve their law firms as sponsors for projects and events.

Chris then closed the presentation by pointing out how the police’s lackluster response to hate crimes is in part due to the historical invisibility of the AAPI community. He also explained how this invisibility has its roots in the 1853 People v. Hall case where George Hall, a white man, was convicted but then released after murdering a Chinese miner. Chris explained how Hall appealed his release on the basis of a California statute which prevented people of color from testifying against whites. Chris also emphasized that supporting the Black Lives Matter movement does not detract from support for the AAPI cause. To illustrate the importance of building a multi-racial coalition, Chris recounted an interview he had with the celebrated documentary director Spike Lee for his film about New York City and race that will be released in September 2021. Lee explained that he had chosen to interview Chris because “people were asking where the Asians were. And I listened.”

After the presentations, the discussion was opened to the attendees for a question and answer session. 

Karen Lin, PBCS Committee Co-Chair asked whether or not AABANY would advocate for including AAPI history in the public school curriculum. Yang answered by reiterating AABANY’s support of any educational initiatives, pointing to AABANY’s trial reenactments project as an example. 

AABANY member Jennifer Luo then pointed the discussion towards the lack of successful hate crime prosecutions. Joe explained that law enforcement currently lacks sufficient resources and infrastructure to investigate hate crimes. As hate crimes are unique in that the prosecutor must prove that the perpetrator was motivated to commit the crime due to racial bias, this process requires more investigation and information which the police currently lacks. To address this issue, Joe also proposed creating a database of hate crimes and bias incidents that would allow law enforcement to easily access information and also to enable community members to report incidents more efficiently. He also mentioned the newly minted COVID-19 Hate Crimes Act, which would allocate funding towards combating hate crimes. Chris also added that AABANY is planning a Candidates’ Forum that would give AABANY and its members an opportunity to ask about measures being considered to protect the AAPI community from violence. 

David Ahn then asked about AABANY’s plans to monitor hate crimes going forward. Chris answered by citing AABANY’s involvement in a case in Flushing, Queens where the perpetrator, despite revealing his racist sentiments in a text sent to the New York Times, was not charged with a hate crime. After AABANY’s advocacy in the DA’s Office, the perpetrator was charged with a hate crime. Chris also added that, though not every case would lead to a hate crime enhancement, AABANY is continuing to monitor the news and other outlets for advocacy opportunities. Yang also explained that the HEART initiative would help AABANY keep track of the incidents, connect with the community, and improve AABANY’s advocacy efforts. Karen Yau also pointed out that there are other alternatives to criminal prosecutions that victims would be able to pursue if they wished.

Chris then shared his own experiences with anti-Asian violence growing up, recounting a story where his friends were assaulted by a white supremacist gang while exiting a movie theater in Queens. He also described his efforts to reconnect with them hoping to preserve their stories and voices as a part of the history of anti-Asian violence.

AABANY Treasurer William Hao also discussed his own involvement in the aftermath of the Atlanta shootings while on a call with former U.S. Attorney Byung J. (“BJay”) Pak, the FBI, and local law enforcement. Will shared that even though the media had severely twisted the narrative by promoting the perpetrator’s claim that he had not been motivated by racism, the call served to give Asians a voice in revealing the truth of the events and reshaping the story. Will concluded by emphasizing the importance of AAPI representation in government and law enforcement.

Marilyn Go (USMJ EDNY, ret’d) then asked about AABANY’s ability to speak out during majority political forums. Chris answered by pointing out the difficulty of entering majority forums, but also noted that events recorded on Zoom would allow AABANY to hold candidates accountable for their words. Yang also referenced the City Council District One Candidates’ Forum which did take questions from AABANY regarding the NYPD Hate Crimes Task Force. Jennifer then asked about the possibility of keeping a record of candidates’ responses regarding issues of anti-Asian violence. Chris responded that AABANY’s future plans to hold a Manhattan DA Candidates’ forum would allow AABANY to record responses from the candidates on that issue.

AABANY thanks all of the attendees for their time and their commitment to serving the AAPI community. To view the recording of the event, click here.

AABANY Hosts Fundraising Event on May 21 to Support Welcome to Chinatown’s Longevity Fund

On May 21, in observance of Asian American and Pacific Islander (AAPI) Heritage Month, AABANY’s Legal Referral and Information Service (LRIS) hosted an event titled “A Brief History of Anti-Asian Racism in America and Call to Action” to raise funds for Welcome to Chinatown’s Longevity Fund. Welcome to Chinatown is a grassroots initiative working to preserve New York City’s Chinatown by supporting small businesses and amplifying community voices. In 2020, they launched The Longevity Fund, a small business relief program, to support small businesses where cultural and socioeconomic barriers have prevented them from applying for assistance programs.

The first part of the fundraising event consisted of a presentation from Chris Kwok, AABANY Board Director, Asia Practice Committee Co-Chair, and Issues Committee Chair, on the history of anti-Asian racism in America. He provided an overview of the history of sinophobia and anti-Asian violence in the United States, highlighting the passage of laws including the Naturalization Act of 1790, the Page Act of 1875, and the Chinese Exclusion Act of 1882. Chris also shared the common themes of how Asian Americans have been perceived throughout history and are still seen today as “forever foreign.”

The presentation was followed by an informal Q&A session between Moderator Tiffany Miao, and William Ng, AABANY President-Elect and LRIS Panel Member, on the importance of AAPI representation in the legal profession and how AAPI lawyers can play a role in preserving Asian cultures and communities for future generations. After listening to Chris’ presentation, William spoke about how the history of sinophobia in the U.S. was never taught in school and how it is important to push towards adding it to school curriculums. Chris added that it’s critical for individuals to understand how race works with Asian Americans—although there’s similarity with how African Americans and Jews experience race, there are still differences and nuances. As for how AAPI lawyers can support AAPI communities, William stated, “While it’s a good career opportunity to do meaningful work, this time in particular, Asian Americans have an opportunity to do more, push certain initiatives.” In addition to representing Asian American clients at work, AAPI lawyers can donate to organizations such as Welcome to Chinatown, and join AABANY’s LRIS to provide legal assistance to the Asian American community.

To join AABANY’s LRIS, please email [email protected] for an application. To learn more about Welcome to Chinatown, please visit welcometochinatown.com and check out their Instagram account @welcome.to.chinatown

At the conclusion of the fundraiser, AABANY was able to raise $2000 for The Longevity Fund. Thank you to everyone who joined us for the event, and thanks especially to all the donors for their support.

In the News: AABANY, SABANY, KALAGNY, & FALA-New York’s Joint Statement on AAPI Under-representation in the Judiciary Featured in The New York Law Journal

On Tuesday, June 15, the Asian American Bar Association of New York (AABANY), the South Asian Bar Association of New York (SABANY), Korean American Lawyers Association of Greater New York (KALAGNY), and the Filipino American Lawyers Association of New York (FALA-New York) released a joint statement calling on the New York State Unified Court System (UCS) to fill judicial vacancies with Asian American Pacific Islander (“AAPI”) judges, including that of Judge Anthony Cannataro’s former role as the citywide administrative judge for the civil court of New York City. On Wednesday, June 16, The New York Law Journal published a front-page article recounting the social and demographic context driving the release of this joint statement, reiterating how “[u]nlike other communities of color, Asian representation has lagged due to a failure by political and judicial leaders to support and promote AAPI judges.” The article also noted how the AAPI bar associations acknowledged the diversity of Governor Andrew Cuomo’s recent judicial appointments but remained staunch in their commitment to remedying the dearth of AAPI representation on the bench.

To read the full article, click here (subscription required).

AABANY Joins SABANY, KALAGNY, and FALA-New York in Calling for Increased Representation of Asian Americans and Pacific Islanders in Leadership Positions in the New York Judiciary

In February of this year, the Asian American Bar Association of New York (AABANY) released its report A Rising Tide of Hate and Violence against Asian Americans in New York During COVID-19: Impact, Causes, Solutions, co-authored with Paul, Weiss, detailing the surge of anti-Asian hate and violence as a result of the pandemic. The report advanced seven carefully-considered proposals for combating anti-Asian racism and discrimination, including, a call for “Greater Representation of Asians in Law Enforcement, Public Office, and the Courts.” Consistent with this proposal, AABANY joined in a statement with the South Asian Bar Association of New York (SABANY), Korean American Lawyers Association of Greater New York (KALAGNY), and the Filipino American Lawyers Association of New York (FALA-New York), calling on the New York State Unified Court System (UCS) to appoint Asian American Pacific Islander (“AAPI”) judges to fill the positions of Administrative Judge in the Civil Court of the City of New York, Administrative Judge of Supreme Court, Criminal Term in Bronx County, Administrative Judge of Supreme Court, Criminal Matters in Queens County, and Appellate Term, First Department.

As the accompanying press release for the joint statement issued on June 15 notes, “the lack of Asian representation on the bench is not a recent phenomenon.” As AABANY’s report explains, “Racism and bias fester where positions of power are held primarily by the white majority. Institutions that are meant to both represent and serve justice to the community will be more effective if they more closely reflect the composition of the community.” Efforts to increase diversity in the judiciary comprise first steps to ensuring the legal system can protect all Americans, regardless of racial identity.

Secretary Jeh Johnson elucidated in his October 1, 2020 Report from the Special Advisor on Equal Justice in the New York State Courts that “the overwhelming majority of the civil or criminal litigants in the Housing, Family, Civil and Criminal courts in New York City are people of color,” but “[b]oth the Minorities and Williams Commissions identified the lack of diversity among judges and non-judicial employees within the court system as a major issue affecting the administration of justice in the state.” Though these courts serve many litigants from communities of color, the bench does not reflect that diversity, with the overwhelming number of judges being male and white. Secretary Johnson concludes, “The sad picture that emerges is, in effect, a second-class system of justice for people of color in New York State.”

AABANY, through its joint statement with SABANY, KALAGNY, and FALA-New York, reaffirms its commitment to the fair administration of justice for all, calling for change to the longstanding under-representation of AAPI judges in New York State. Read more here.

Office of the Bronx District Attorney Holds Rally Against Hate on May 21

In light of recent hate crimes against AAPI and Jewish communities, the Bronx District Attorney’s Office held an Anti-Hate rally and a resource fair on May 21st, 2021 at Lou Gehrig Plaza from 12:00 pm to 2:00 pm, near the Bronx DA’s Office, a few blocks away from Yankee Stadium. The Bronx District Attorney, Darcell Clark, led the cry against all forms of hate, saying, “It’s not who we are as New Yorkers and we will not stand for it… hate against one of us is hate against all of us.” 

Many religious and elected leaders joined DA Clark in denouncing hate. Bronx Assembly Member Jeffrey Dinowitz said, “It’s not just Jewish residents, it’s not just Asian residents. The hate, the discrimination against other communities as well has been going on for far too long.” Other speakers, such as Mayoral Candidate Andrew Yang, NYPD Inspector Tommy M. Ng (and head of the NYPD Asian Hate Crimes Task Force), New York City Council Member Vanessa Gibson, and the Regional Director of the ADL Scott Richman all denounced hate while touching on the importance of solidarity, camaraderie, and acceptance of everyone regardless of their background. 

The Asian American Bar Association of New York’s Executive Director, Yang Chen, spoke on the recent hate crimes against the AAPI community. Chen invited attendees to visit the AABANY table to pick up copies of our anti-Asian violence report or a Know Your Rights brochure for AAPIs who encounter an anti-Asian hate or violence incident. Chen added that AABANY was also giving out buttons with the words “One Humanity Against the Virus.” He explained  that “we’re not talking just about COVID-19, we’re talking about the virus of racism that infects our world today.” The buttons proved to be a popular item.

In addition to AABANY, the Bronx District Attorney’s Office, the New York City Commissions on Human Rights and other groups handed out various resources to educate the general public on ways to combat hate at tables set out in the plaza. 

AABANY thanks DA Clark and her staff, especially Deputy Chief of Staff, Beverly Ma, and Miriam Bell-Blair, Director, Immigrant Affairs Unit, for organizing this rally during AAPI Heritage Month. We look forward to continuing to work with the Bronx DA’s Office to combat hate against all communities in New York City. To see more photos from the event, view them here.