Coalition of Affinity Bars Stand in Unity for Diversity, Equity, and Inclusion in Continuing Legal Education

For Immediate Release: 
Date: July 7, 2021

Contact: Edgar Chen, Policy Director

WASHINGTON- 
The Coalition of Bar Associations of Color (CBAC) – the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA) – together with the National LGBTQ+ Bar Association, and the South Asian Bar Association of North America (SABA-North America) stand united in their support of efforts to foster diversity, equity, and inclusion in continuing legal education (CLE) and in opposition to the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming. As national organizations dedicated to advancing equality and opportunity for underrepresented and historically marginalized members of the legal profession, diversity, equity, and inclusion are of paramount importance to our communities. Diversity on CLE panels benefits both panelists who are recognized for their expertise, as well as audience members who can be inspired by seeing those with similar backgrounds or experiences serving as role models and educators in the legal profession. Moreover, CLE participants may well benefit from hearing from panelists who bring unique and diverse perspectives that they may not have been exposed to previously.

“The objective of the ABA policy and the Florida CLE Diversity Policy is not to exclude anyone, but to ensure inclusion,” argued CK Hoffler, a Florida Bar member and President of the NBA in the NBA’s submission to the Supreme Court. “No one is displaced nor denied an opportunity to participate because of these new policies. African-African attorneys founded the NBA, due in large part because of exclusion. Today, there remains a need to ensure the inclusion of African American attorneys in the legal field and include African American attorneys in the discussion of legal issues.”

“As bar associations dedicated to the advancement of equality and opportunity for APA attorneys, NAPABA and its Florida affiliates believe it is imperative to feature a diverse range of views, experiences and backgrounds in CLE programs in order to address the critical gaps in mentors, connections and role models that are so important for career advancement,” wrote A.B. Cruz III, President of NAPABA in a joint filing before the Court submitted with Florida-based affiliates. “Panelists benefit from recognition as experts which burnishes their credentials, and audience members can be inspired by witnessing those with similar backgrounds or experiences serving as role models and educators in the profession.”

“Diversity is vital to ensuring equal justice under the law and to public confidence in our legal system,” said Elia Diaz-Yaeger, HNBA National President. “If we want to move in the right direction, we must work to ensure a greater diversity across our profession that is representative of the people and communities we represent. That kind of positive change does not happen on its own; it requires bold action and leadership. We urge the Court to clarify its order to permit inclusive diversity policies for CLE courses.”

“In Florida, with a Native American population of over 125,000 and two federally recognized tribes, American Indian, Alaska Native, and Native Hawaiian people are grossly underrepresented in the legal profession and strikingly so in the judiciary,” said Colleen Lamarre, President of the National Native American Bar Association. “The ABA policy and the Florida Bar Business Law Section’s CLE Diversity Policy are aimed at ensuring that CLE programing reflects the local population and advances the voices of historically marginalized groups. Representation and visibility through the continuing legal education process is critical to guaranteeing that the voices of indigenous people are heard and that the local and national attorney population, the pipeline of future attorneys, and our clients benefit and learn from interactions with Native American attorneys and their professional and cultural experiences.”

“Ensuring that diverse points of view are recognized and promoted throughout the legal profession is a primary goal of the National LGBTQ+ Bar Association,” said Lousene Hoppe, LGBTQ+ Bar Association President. “We support the efforts of the ABA and the Business Law Section of the Florida Bar to foster diversity, equity, and inclusion on CLE panels, and we oppose the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming.”

“SABA North America is committed to diversity, equity, and inclusion in the entire legal profession in North America,” said Samir Mehta, President of SABA North America. “We are committed to seeing this diversity reflected through lawyers of all backgrounds and identities. In Florida, there is only one Asian Pacific American on the federal bench in the entire state and such jurists represent less than one percent of state court judges there. This level of underrepresentation is unacceptable and we look forward to seeing more judges from all marginalized and historically underrepresented backgrounds added, including Asian American and South Asian American judges. In the arena of continuing legal education, we hope that the Florida Supreme Court will recognize that inclusion of different viewpoints will serve as an inspiration for the entire bar. We also hope this will prove that historically underrepresented or marginalized communities are not only welcome, but have much to contribute to our common goal of advancing justice.”

With the stated goals to eliminate bias, increase diversity, and implement efforts aimed at recruiting and retaining diverse attorneys, the Business Law Section (BLS) of the Florida Bar set forth a policy preference whereby the BLS would only sponsor, co-sponsor, or seek accreditation for any CLE program that had minimum numbers of diverse panelists, although the policy also had built in flexibility allowing for exemptions in the event that, after a diligent search, diverse panelists could not participate. In April, on its motion, the Florida Supreme Court struck down this policy characterizing it as “tainted by…discrimination,” and analogizing it to university admissions cases where the Supreme Court of the United States prohibited quotas based on race, even though the policy does not exclude or foreclose the participation of any panelist on a CLE program based on race, gender, sexual orientation, disability or any other characteristic. The Florida Supreme Court then re-wrote the Florida Bar rules to prohibit the approval of any CLE programs that use quotas based on race, ethnicity, gender, religion, national origin, disability or sexual orientation of course faculty or participants. The ruling means that licensed Floridian attorneys would be banned from receiving CLE credit for attending an ABA-sponsored CLE program, as the ABA has a similar diversity policy.

For more information please contact:
HNBA Contact: Daniel Herrera
NAPABA Contact: Edgar Chen 
NBA Contact: Wanda Flowers
NNABA Contact: Colleen Lamarre 
LGBTQ+ Bar Contact: D’Arcy Kemnitz 
SABA-NA Contact: Jasmine Singh 

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The Coalition of Bar Associations of Color (CBAC) was established in 1992 and is comprised of the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA). The HNBA is an incorporated, nonprofit, nonpartisan, national membership organization that represents the interests of more than 67,000 Hispanic legal professionals and as well as the close to 13 percent of law students enrolled in ABA accredited law schools in the United States and its territories. We are committed to advocacy on issues of importance to the 61 million people of Hispanic heritage living in the U.S. From the days of its founding three decades ago, the HNBA has acted as a force for positive change within the legal profession. It does so by encouraging Hispanic students to choose a career in the law and by prompting their advancement within the profession once they graduate and start practicing. Through a combination of issue advocacy, programmatic activities, networking events and educational conferences, the HNBA has helped generations of lawyers succeed. For more information about HNBA, visit www.hnba.com.

The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 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. For additional information about NAPABA, visit www.napaba.org.

Founded in 1925, the NBA is the nation’s oldest and largest national network of minority attorneys and judges. It represents approximately 66,000 lawyers, judges, law professors and law students and has over 80 affiliate chapters throughout the United States and around the world. The organization seeks to advance the science of jurisprudence, preserve the independence of the judiciary and to uphold the honor and integrity of the legal profession. For additional information about the National Bar Association, visit www.nationalbar.org.

Founded in 1973, the NNABA serves as the national association for American Indian, Alaska Native, and Native Hawaiian attorneys, judges, law professors and law students. NNABA strives for justice and effective legal representation for all American indigenous peoples; fosters the development of Native American lawyers and judges; and addresses social, cultural and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians. For additional information about NNABA, visit www.nativeamericanbar.org.

The National LGBTQ+ Bar was founded over thirty years ago by a small group of family law practitioners at the height of the HIV/AIDS crisis. In 1987, the idea of creating a gay and lesbian bar association was formally introduced at the Lesbian & Gay March on Washington. The first Lavender Law® Conference took place the following year at the Golden Gate University in San Francisco. In 1989, at the American Bar Association’s Mid-Year meeting, bylaws were presented, and a nonprofit board of directors was formalized. At the second board meeting in 1989 in Boston, the LGBT Bar, then known as the National Lesbian and Gay Law Association (NLGLA), had 293 paid members, and initiated a campaign to ask the ABA to include protection based on sexual orientation to its revision of the Model Code of Judicial Conduct for Judges. In 1992, the LGBT Bar became an official affiliate of the American Bar Association and it now works closely with the ABA’s Section on Individual Rights and Responsibilities and its Committee on Sexual Orientation and Gender Identity. For more information about the LGBTQ+ Bar, visit www.lgbtbar.org.

SABA North America was founded in 2002 to strengthen the rapidly growing South Asian legal community with a recognized and trusted forum for professional growth and development, and promotes the civil rights and access to justice for the South Asian community. With 29 chapters throughout the United States and Canada, SABA attorneys work in all areas of the law, including at large law firms, as in-house counsel, government attorneys, and solo practitioners. SABA hosts an Annual Conference, annual Lobby Day, and numerous other successful programs throughout the year. For more information about SABA North America, visit www.sabanorthamerica.com.

Press Release: NAPABA and Partners Applaud Ruling in Fisher v. University of Texas

WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) and its partner organizations applaud the Supreme Court’s ruling in Fisher v. University of Texas at Austin, which reaffirms the principle that diversity in higher education is a compelling interest. In light of this decision, colleges and universities may continue to develop effective admissions policies that include race as a factor as part of a holistic review to create diversity and opportunity in the applicant pool.

“Today the Supreme Court affirmed the important role race-conscious admissions policies have in ensuring diversity in our nation’s colleges and universities,” said NAPABA President Jin Y. Hwang. “As lawyers of color, we see the beneficial impacts of these policies every day in the legal workforce and we recognize that diversity in higher education is critical to ensuring we have a pipeline of talented lawyers and judges able to serve their communities. We are encouraged that the Court continued to recognize these benefits for our country and allow colleges and universities to continue to ensure diversity and inclusion on campuses.”

The Coalition of Bar Associations of Color (CBAC) — NAPABA, the Hispanic National Bar Association (HNBA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA) — issued a joint statement supporting the ruling, which can be read here.

CBAC member bar associations jointly filed an amicus curiae brief with the Supreme Court in Fisher that recognized the importance of race-conscious admissions policies to communities of color and the important role they play in ensuring diversity in the legal profession. The brief is available here.

NAPABA joined national Asian Pacific American community organizations — Asian Americans Advancing Justice (Advancing Justice) and the Asian American Legal Defense and Education Fund (AALDEF) — to support the University’s holistic review process. The organizations issued a joint statement applauding the result and can be read here.

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For Immediate Release
March 3, 2016

For More Information, Contact​​:
Brett Schuster, Communications Manager
202-775-9555; [email protected]

Coalition of Bar Associations of Color Holds Annual Meeting
Meets with White House Officials and Congressional Representatives to
Address Issues Affecting Communities of Color

WASHINGTON — This week, the Coalition of Bar Associations of Color (CBAC) gathered in Washington, D.C., for its Annual Meeting. CBAC’s leaders discussed key issues affecting communities of color, including judicial vacancies, criminal justice reform, and immigration reform. This year’s Annual Meeting included visits with key executive branch officials and members of Congress. CBAC met with Department of Homeland Security Deputy Secretary Alejandro Moyorkas, Chief of Staff for the U.S. Citizenship and Immigration Services Juliet Choi, and high-level White House staffers from the White House Counsel’s Office, the White House Domestic Policy Council, and the White House Office of Public Engagement. CBAC also met with Senator Patrick Leahy, and with high-level staffers of Senators Chuck Grassley, Heidi Heitkamp, and Harry Reid. CBAC leaders also met with public engagement staff for the Republican National Committee.

“Given the priorities of CBAC, we urge the nomination and confirmation of diverse candidates for the judiciary over the next year,” said Linda Benally, president of NNABA. "NNABA was honored to host CBAC’s annual meeting convening the CBAC leadership to continue its work, with the White House and Congress to find solutions to issues of concern.”

“The strength of CBAC comes from working together to promote positive change for all communities, particularly in the realms of justice and inclusiveness,” said HNBA National President Robert T. Maldonado. “As attorneys of color, we are intimately aware of what a diverse judiciary, a fairer criminal justice system, and common-sense immigration reform would mean for our nation. The HNBA will continue to work with our CBAC partners to press Congress and the Obama Administration to make progress on these issues.”

“The annual meeting and lobby visits of the national bars of color continue to be a valuable part of our collective advocacy efforts on behalf of communities of color,” said Jin Y. Hwang, president of NAPABA. “For more than 24 years, CBAC has demonstrated the importance of national leaders in the legal profession speaking out together with a unified voice to champion issues such as criminal justice reform, voting rights, immigration, and diversity on the federal bench at all levels.”

“As President of the National Bar Association, I was pleased to participate in the meeting at the White House with the other presidents of the Coalition of the Bar Associations of Color,” said Benjamin Crump, president of NBA. He went on to say: “I advised the White House that the National Bar Association will continue its efforts to promote and pass criminal justice reform this year.”

CBAC was established in 1992 and is comprised of the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA). CBAC meets annually every spring so that leaders from its member organizations can discuss issues of mutual concern and advocate in support of their shared interests. For more information contact:

HNBA Contact: Alba Cruz-Hacker ([email protected])
NAPABA Contact: Brett Schuster ([email protected])
NBA Contact: Lonita Baker ([email protected])
NNABA Contact: Linda Benally ([email protected])

CBAC partners:

The HNBA is an incorporated, not-for-profit, national membership organization that represents the interests of the more than 50,000 Hispanic attorneys, judges, law professors, legal assistants, and law students in the United States and its territories. From the days of its founding three decades ago, the HNBA has acted as a force for positive change within the legal profession. It does so by encouraging Latino students to choose a career in the law and by prompting their advancement within the profession once they graduate and start practicing. Through a combination of issue advocacy, programmatic activities, networking events and educational conferences, the HNBA has helped generations of lawyers succeed.

The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American (APA) attorneys, judges, law professors, and law students. NAPABA represents the interests of over 50,000 attorneys and over 75 national, state, and local bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government. NAPABA engages in legislative and policy advocacy, promotes APA political leadership and political appointments, and builds coalitions within the legal profession and the community at large. NAPABA also serves as a resource for government agencies, members of Congress, and public service organizations about APAs in the legal profession, civil rights, and diversity in the courts.

Founded in 1925, the NBA is the nation’s oldest and largest national network of minority attorneys and judges. It represents approximately 60,000 lawyers, judges, law professors and law students and has over 80 affiliate chapters throughout the United States and around the world. The organization seeks to advance the science of jurisprudence, preserve the independence of the judiciary and to uphold the honor and integrity of the legal profession. For additional information about the National Bar Association, visit www.nationalbar.org.

Founded in 1973, the NNABA serves as the national association for American Indian, Alaska Native, and Native Hawaiian attorneys, judges, law professors and law students. NNABA strives for justice and effective legal representation for all American indigenous peoples; fosters the development of Native American lawyers and judges; and addresses social, cultural and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians.

PRESS RELEASE: National Coalition of Bar Associations of Color Urge Supreme Court to Support Diversity in Admission Programs

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For Immediate Release
Nov. 4, 2015

For More Information, Contact:
Brett Schuster: 202-775-9555; [email protected]

National Coalition of Bar Associations of Color Urge Supreme Court to Support Diversity in Admission Programs

File Joint Brief with U.S. Supreme Court in Fisher v. University of Texas

WASHINGTON — The Coalition of Bar Associations of Color (CBAC)–the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA) and the National Native American Bar Association (NNABA) filed a joint amicus curiae brief with the U.S. Supreme Court in Fisher v. University of Texas at Austin. The Court will review the standard used by University of Texas at Austin in developing their race-conscious admissions policy following a 2013 decision by the Court which affirmed the principle that diversity in higher education is a compelling national interest. With oral arguments scheduled for Dec. 9, the four organizations recognized the significance of all four communities of color standing together in support of race-conscious admission policies in order to promote diversity in the legal profession. The brief discusses the unique perspectives of the communities each bar association represents, and highlights the importance of ensuring access to institutions of higher education, in order to preserve a diverse pipeline for our multicultural society and ultimately advance CBAC’s shared commitment to diversity in the legal profession. The brief can be found here: http://bit.ly/fisher2cbac

“The National Bar Association proudly stands with our CBAC partners to once again argue that now is not the time to turn back the clock on our efforts for diversity in the U.S.,” NBA President Benjamin L. Crump said. “We have taken significant strides forward but we know that there is much work to be done in order to achieve a diverse and inclusive society. The Court, as before, should uphold the admirable and critical efforts institutions of higher education in their continuing mission to reflect society and its diversity. The court should not jeopardize the progress made and sought by law schools and the legal community to simply reflect the rich diversity that makes this nation great.”

“The Hispanic National Bar Association is proud to join our partner bar associations of color to reaffirm the decades of Supreme Court precedent deeming collegiate diversity a compelling national interest,” said HNBA President Robert T. Maldonado. “Despite efforts that have been made to improve equal access and opportunity in colleges and law schools of our nation, the simple fact is that we still do not have a level playing field, and there is much left for us to do. College admissions programs that take race into account, among a number of other factors, fit the parameters the Court has laid out in previous decisions, and work to create a diverse and inclusive student body that is beneficial to everyone. It is essential for college campuses to reflect the diversity of our nation to prepare our students for success in the real world.”

“The National Asian Pacific American Bar Association supports efforts to overcome barriers to equal opportunity. We are proud to join our colleagues in the Coalition of Bar Associations of Color encouraging the Court to recognize the benefits students receive when immersed in diverse environments, and to uphold the University of Texas’s attempt to create opportunities for diverse populations,” said NAPABA President George C. Chen. “We recognize that Asian Pacific Americans, like other groups, have endured cases of discrimination and lack of opportunities which continue to impact us today. The low numbers of minority groups in the legal profession, government, and corporate leadership underscore the need to remove barriers to higher education and increase diversity. Courtrooms, law firms, and law schools must be filled with people of different backgrounds so that we can better understand and respect the diversity of the American public.”

“The National Native American Bar Association joins our CBAC partners in expressing the importance of creating a pipeline for students of color in higher education,” shared NNABA President Linda Benally. “The Supreme Court has previously affirmed the compelling interest of colleges in encouraging diversity in the student body, which should not be removed. Race-conscious admissions programs, like the one designed by the University of Texas, open doors for students of color by ensuring a richer and intellectually diverse classroom experience for all students.”

CBAC Reassured by Supreme Court’s Decision in Fisher v. University of Texas at Austin

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FOR IMMEDIATE RELEASE 
June 24, 2013

HNBA Contact: Erika Lopez (202) 223-4777 
NAPABA Contact: Emily Chatterjee (202) 775-9555 
NBA Contact: Erika Owens (202) 842-3900 
NNABA Contact: Mary Smith (405) 761-1723 

Coalition of Bar Associations of Color 
Reassured by Supreme Court’s Decision in Fisher v. University of Texas at Austin

WASHINGTON – The Coalition of Bar Associations of Color (CBAC) – the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA) and the National Native American Bar Association (NNABA) – is reassured by the Supreme Court’s decision today to reaffirm the principle that diversity in higher education is a compelling national interest. We remain cautiously optimistic about the Court’s decision to send the case back to the Fifth Circuit Court of Appeals.

The Supreme Court partially vacated a lower court ruling that had upheld the right of the University of Texas at Austin to partially consider race in its admissions’ policy. However, in deciding Fisher v. University of Texas at Austin, it left intact the precedent it set in Grutter v. Bollinger, which allows schools to consider racial diversity as an admissions factor.

Last summer, CBAC filed an amicus curiae brief with the Supreme Court in the Fisher v. University of Texas at Austin case. The brief highlights the progress made in diversifying the legal profession since the Court’s ruling in Grutter v. Bollinger, while discussing the continued need for race-conscious admissions programs to further the diversification of the legal profession.

“We are encouraged that the United States Supreme Court’s ruling affirmed the Grutter v. Hollinger decision which allows racial and ethnic diversity to be considered as one of many factors in a carefully crafted admissions policy,” stated HNBA National President Peter M. Reyes, Jr. “These are important factors to consider when taking a holistic admissions approach, and the Court in a 7-1 strongly supports our position.”

“We are encouraged by the Court’s decision today in Fisher,” said Wendy C. Shiba, president of NAPABA. “A strong majority of the Court has stood in support of diversity as a compelling interest, and members of the Asian Pacific American community are heartened by this outcome. We see evidence of the importance of a diverse workforce every day in the legal profession, and are thankful that our nation’s commitment to the values of diversity and inclusion has been ratified today.”

“Today’s decision underscores diversity as a compelling interest for all institutions of education and higher learning,” stated John E. Page, President of the National Bar Association. “Even with strict scrutiny of the methods used to achieve such diversity, the US Supreme Court continues to agree that many factors, including race, can be a factor in an admissions program.”

“Diversity is important to educational opportunities for all and furthers classroom discussion and understanding,” said Mary Smith, President of the National Native Bar Association. “We are heartened that the Supreme Court has recognized the importance of diversity.”

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