Tag: Court of Appeals

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NAPABA CELEBRATES CONFIRMATION OF RAYMOND T. CHEN TO THE FEDERAL CIRCUIT

National Asian Pacific American Bar Association

1612 K Street NW, Suite 1400 
Washington, DC 20006

FOR IMMEDIATE RELEASE 
August 1, 2013

Contact: Emily Chatterjee 
(202) 775-9555

NAPABA CELEBRATES CONFIRMATION OF RAYMOND T. CHEN TO THE FEDERAL CIRCUIT

President Obama Doubles the Number of Asian Pacific American 
Circuit Court Judges in History

WASHINGTON—Today, the Senate confirmed Raymond T. Chen to a seat on the U.S. Court of Appeals for the Federal Circuit by a unanimous vote. He is the first Asian Pacific American to serve on the court since Judge Shiro Kashiwa retired from the Federal Circuit in 1986.

“NAPABA celebrates Ray Chen’s nomination to the Federal Circuit, which we are proud to have supported,” said Wendy Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “He has superb credentials to serve on this court, and we commend President Obama for nominating him. NAPABA also thanks Senator Mazie Hirono for her support of his nomination in the Senate.”

Since 2008, Chen has served as the Deputy General Counsel for Intellectual Property Law and Solicitor at the U.S. Patent and Trademark Office. He began his tenure at the office in 1998 as an Associate Solicitor. During his time there, he has received numerous awards for his service, including: the Gold Medal Award, U.S. Department of Commerce (2011); the Bronze Medal Award, U.S. Department of Commerce (2005); and Attorney of the Year, Office of the Solicitor. Chen previously worked as a technical assistant at the Federal Circuit from 1996 to 1998. Prior to government service, Chen worked as an associate at the law firm Knobbe, Martens, Olson & Bear from 1994 to 1996 and as a scientist at Hecker & Harriman (now Hecker Law Group) in Los Angeles. He is a graduate of the New York University School of Law and the University of California, Los Angeles.

With Chen’s confirmation, President Obama has doubled the number of Asian Pacific American circuit court judges in our nation’s history. Despite the tremendous progress made during the Obama Administration, however, Asian Pacific Americans continue to be significantly underrepresented in the federal judiciary. Only four out of over 180 federal appellate court judges in the entire nation are held by individuals with Asian Pacific American heritage. NAPABA salutes President Obama for his continued commitment to nominating well-qualified, diverse nominees to the federal judiciary.

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The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American attorneys, judges, law professors, and law students. NAPABA represents the interests of over 40,000 attorneys and 66 state and local Asian Pacific American bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal service and non-profit attorneys, and lawyers serving at all levels of government. NAPABA continues to be a leader in addressing civil rights issues confronting Asian Pacific American communities. Through its national network of committees and affiliates, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of color in the legal profession.

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Press Release: NAPABA AND AAJC APPLAUD CONFIRMATION OF SRI SRINIVASAN

NAPABA AND AAJC APPLAUD CONFIRMATION OF SRI SRINIVASAN

Srinivasan Becomes First South Asian American
Federal Appellate Court Judge In Nation’s History

WASHINGTON – Today, the U.S. Senate voted 97 to 0 to confirm Srikanth (“Sri”) Srinivasan as a judge on the U.S. Court of Appeals for the District of Columbia Circuit. Mr. Srinivasan is both the first South Asian American federal appellate court judge in the history of the United States and the first Asian Pacific American to serve on the D.C. Circuit.

“We are deeply gratified that the Senate has confirmed Mr. Srinivasan today,” said Wendy C. Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “Given that over 3.5 million South Asian Americans live in the United States, it is particularly noteworthy that Mr. Srinivasan has made history by becoming the first-ever South Asian American federal appellate court judge. Moreover, the D.C. Circuit long has been recognized as one of the most important courts in the country. The presence of an Asian Pacific American on that court gives testament to the strides made by the Asian Pacific American community in recent years. It is a fitting and momentous way to conclude and celebrate Asian Pacific American Heritage Month.”

Mr. Srinivasan is an attorney of exceptional accomplishment and merit who has received highest praise from all segments of the legal community. Numerous federal judges (including Justice Sandra Day O’Connor), former government officials, and professors have lauded Mr. Srinivasan’s legal skills, intellect, and integrity. These individuals include officials and judges appointed by the Reagan, George H.W. Bush, Clinton, George W. Bush, and Obama Administrations. They invariably have described Srinivasan as “a tremendous lawyer,” “one of the very smartest, most talented,” and “especially gifted.” They all have concluded that Srinivasan will be an “excellent” or “tremendous” appellate court judge. Until his confirmation, he served as the Principal Deputy Solicitor General of the United States, where he regularly appeared before the U.S. Supreme Court. He previously served as a partner and Chair of the Supreme Court and appellate practice for the law firm of O’Melveny & Myers LLP.

“Sri Srinivasan is an exceptional attorney with a long history of work in civil rights,” said Mee Moua, president and executive director of the Asian American Justice Center (AAJC), member of the Asian American Center for Advancing Justice. “In private practice he handled some of the most important Supreme Court cases pro bono for AAJC and for the greater civil rights community. We congratulate him on his historic confirmation and look forward to his tenure on the D.C. Circuit.”

Mr. Srinivasan is Indian by birth, Kansan at heart, and all American in story. He was born in Chandigarh, India, and immigrated to the United States as a child with his parents and two younger sisters. Mr. Srinivasan grew up in Lawrence, Kansas, where his father was a professor of mathematics at the University of Kansas, and his mother taught at the Kansas City Art Institute. Throughout his upbringing, Mr. Srinivasan attended public schools in Kansas. In high school, he was very active in sports and music, including playing on the high school varsity basketball team. He became, and to this day remains, a die-hard University of Kansas basketball fan.

With Mr. Srinivasan’s confirmation, three Asian Pacific Americans will sit as federal appellate court judges out of approximately 175 nationwide. All three have been nominated and confirmed in the last four years. One additional Asian Pacific American federal appellate court nominee remains pending before the U.S. Senate at this time – Raymond Chen, who has been nominated to the U.S. Court of Appeals for the Federal Circuit.

NAPABA and AAJC are proud to have supported Mr. Srinivasan. We thank President Obama for nominating Mr. Srinivasan, and commend the U.S. Senate for the noteworthy bipartisan support that he received during the confirmation process.

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Joint Diverse Bar Association Judicial Screening Panel – Court of Appeals

From the MBBA:
 
The Joint Diverse Bar Association Judicial Screening Panel (the “Panel”) has interviewed and rated judicial candidates nominated by the New York State Commission on Judicial Nominations to fill the vacancy on the New York State Court of Appeals, which was created by the untimely passing of Associate Judge Theodore T. Jones, Jr. The Panel was comprised of members of various affinity bar associations including the Asian American Bar Association of New York, the Association of Black Women Attorneys, the Black Bar Association of Bronx County, the Dominican Bar Association, the Korean American Lawyers Association of Greater New York, the Macon B. Allen Bar Association (of Queens County), the Metropolitan Black Bar Association, the Puerto Rican Bar Association, and the South Asian Bar Association of New York.
 
Click HERE to read the Press Release.
 
Thank you for your support of the Metropolitan Black Bar Association.
 
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Metropolitan Black Bar Association
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Past President Vincent Chang Quoted in Law360 Article on Prof. Rivera

Rivera Flap Shows NY High Court Picks Can Expect Scrutiny
By Pete Brush

Law360, New York (February 11, 2013, 8:02 PM ET) – The New York State Senate confirmed law professor Jenny Rivera to the state’s highest court Monday on a voice vote, but a bitter debate over her resume signals to Gov. Andrew Cuomo that upcoming judicial nominees can expect heightened scrutiny, especially if they don’t have bench experience.

Rivera, a law professor at the City University of New York, becomes the first judge ever in the Empire State to leap straight to the New York Court of Appeals from academia.

An expert in Hispanic and women’s civil rights issues, Rivera replaces the court’s first and only Hispanic judge, Carmen Beauchamp Ciparick, who was forced to retire at the end of 2012 after reaching the age of 70.

“Professor Rivera has dedicated her career to public service,” Cuomo said after the vote. “Her extensive experience in civil rights law and her passion for making our state a fairer and more just place will greatly benefit New York.”

That Rivera’s Senate confirmation came on a voice vote suggested Republican opposition wasn’t uniform, experts said. But that didn’t stop several influential Republicans, including Middletown, N.Y., Republican John J. Bonacic from taking to the Senate floor in opposition.

“To put someone who has such narrow legal experience on the highest court of this state for 14 years … and pass over other highly qualified nominees is not something that I can support,” said Bonacic, whose judiciary panel advanced Rivera’s nomination without recommendation after a testy Feb. 4 hearing that was carried over until the next day.

Bonacic was referring to a list of seven candidates, sent to Cuomo by the State of New York’s Commission on Judicial Nomination on Dec. 1, that included three state appellate division judges and two practicing attorneys.

“The nominee has a very limited law practice experience,” said Bonacic, adding that he had “concerns that she will be prone to judicial activism.”

Even though they didn’t have the votes to mount a serious challenge, Republicans are making it clear they will do what they can to make sure Cuomo doesn’t steamroll them at every turn, according to Pace University law professor Randolph M. McLaughlin, who also works as of counsel on civil rights matters at Newman Ferrara LLP.

“The Republicans were trying to send Cuomo a message, that they’re not a rubber stamp,” he said. “My gut instinct tells me, given the range of folks he has in the wings, that Cuomo will pick a sitting judge next.”

Cuomo won’t have to wait long before his next pick. After Rivera is sworn in, she will become the only the sixth sitting member on a court that is supposed to have seven judges.

The court had been operating with a relative skeleton crew of five judges after Ciparick’s retirement and the Nov. 6 death of Judge Theodore T. Jones. A slate of nominees to replace Jones is due to hit Cuomo’s desk in early March.

“If Cuomo doesn’t want to go through this brouhaha again, he’ll pick someone who is a judge,” McLaughlin said.

Cuomo also may find himself under heavy pressure to replace the deceased Jones, the court’s lone black judge, with another African-American, according to Albany Law School professor Vincent M. Bonventre.

“I will be shocked if the next list doesn’t have two or three African-Americans on it,” Bonventre said.

While Republicans attacked Rivera for a lack of experience, McLaughlin noted they also took issue with her academic writings, in which she espouses progressive views on civil rights, racial justice and women’s issues.

“They were trying to knock her down, embarrass her, or get her to say something stupid,” McLaughlin said. “It was pretty embarrassing to see her raked over the coals.”

The charge that Rivera lacks experience is not necessarily fair, according to experts, including Wollmuth Maher & Deutsch LLP<http://www.law360.com/firm/wollmuth-maher> partner Vince Chang, who heads the New York County Lawyers Association’s federal courts committee chair.

“A lot of people say the criticism of her experience was just a pretext,” Chang said, noting that state bar associations went over her record carefully and universally recommended her qualifications. “Many very fine judges were professors.”

Opposition to Rivera’s nomination didn’t come exclusively from Republicans on Monday. One of the state Senate’s mavericks, Bronx Democrat Ruben Diaz, said Cuomo, in nominating Rivera, seemed keen on pitting Hispanics against the state’s Republicans.

Diaz, an outspoken and often bombastic critic of Cuomo, added that past Hispanic nominees for other high offices in the U.S. didn’t receive the same support from New York’s Latino population when they were nominated by Republicans, including former President George W. Bush.

“Where were you when George Bush nominated Alberto Gonzales and Miguel Estrada?” Diaz asked his Latino counterparts from the Senate floor.

Overall the proceedings were a departure from the state Senate’s typical Court of Appeals approval process, which over the decades has been staid, with one or two minor exceptions, Bonventre said.

A fierce critic of state Senate inaction on high court nominees, Bonventre applauded the Legislature for subjecting Rivera to tough questions.

“They’ve made it clear to the governor that he can’t just nominate anybody and expect them to roll over,” Bonventre said. “They’re obviously going to start taking their constitutional responsibility more seriously than they have in the past. In the past, they have been complete rubber stamps.”

–Editing by John Quinn and Richard McVay.
All Content © 2003-2013, Portfolio Media, Inc.

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NAPABA and AAJC Applaud Nomination of Raymond T. Chen

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FOR IMMEDIATE RELEASE 
February 7, 2013

NAPABA Contact: Emily Chatterjee (202) 775-9555 
AAJC Contact: Kimberly Goulart (202) 499-7027

NAPABA AND AAJC APPLAUD NOMINATION OF 
RAYMOND T. CHEN TO THE FEDERAL CIRCUIT

WASHINGTON – Today President Obama nominated Raymond T. Chen to a seat on the U.S. Court of Appeals for the Federal Circuit. If confirmed, he will be the first Asian Pacific American to serve on the Federal Circuit in over 25 years.

“Raymond Chen will be an excellent addition to the Federal Circuit and we are proud to support his nomination,” said Wendy Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “His many years of experience at the U.S. Patent and Trademark Office together with his temperament and intellect make him an exceptionally well-qualified nominee for this court, and we commend President Obama for nominating him.”

Chen has served as the Deputy General Counsel for Intellectual Property Law and Solicitor at the U.S. Patent and Trademark Office since 2008. He first joined the office in 1998 as an Associate Solicitor and has received numerous awards for his service, including: the Gold Medal Award, U.S. Department of Commerce (2011); the Bronze Medal Award, U.S. Department of Commerce (2005); and Attorney of the Year, Office of the Solicitor. He previously worked as a technical assistant at the Federal Circuit from 1996 to 1998, as an associate at the law firm Knobbe, Martens, Olson & Bear from 1994 to 1996, and as a scientist at Hecker & Harriman (now Hecker Law Group) in Los Angeles. Chen is a graduate of the New York University School of Law and the University of California, Los Angeles.

“I have no doubt that Raymond Chen will make an outstanding judge. We applaud President Obama for nominating him,” said Mee Moua, president and executive director of the Asian American Justice Center (AAJC), member of the Asian American Center for Advancing Justice. “As an Asian American engineer, career civil servant, and top-notch lawyer, he will make a meaningful contribution to the diversity of the Federal Circuit.”

Asian Pacific Americans continue to be significantly underrepresented in the federal judiciary. Today only 2 out of over 180 federal appellate court judges in the entire nation are of Asian Pacific American heritage. NAPABA and AAJC thank President Obama for his continued commitment to nominating well-qualified, diverse nominees to the federal judiciary. Chen is the fifth Asian Pacific American that President Obama has nominated to the appellate courts.

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NAPABA Applauds the Appointment of Judge Carla Wong McMillian To The Georgia Court of Appeals

WASHINGTON – Yesterday, Georgia Governor Nathan Deal appointed Judge Carla Wong McMillian to be a judge on the Georgia Court of Appeals. Judge McMillian is the first Asian Pacific American state appellate court judge to be appointed in the Southeast Region of the United States.

“We applaud Governor Deal for this historic appointment,” stated Wendy Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “Judge McMillian has distinguished herself on the Georgia trial court bench, and we believe that all of Georgia benefits from having a highly qualified and diverse Court of Appeals.”

Judge McMillian has been a state court judge in Fayette County, Georgia since 2010. In 2012, she became the first Asian Pacific American female judge to be elected in Georgia. Prior to Judge McMillian’s appointment to the bench, she was a partner at the law firm of Sutherland, Asbill & Brennan LLP, where she focused on complex litigation. She has been listed as a “Rising Star” in Georgia Super Lawyers in 2007 and 2010. NAPABA recognized her as one of its “Best Lawyers Under 40” in 2012. Judge McMillian is a proud Georgian, whose grandparents immigrated to the United States from China in the 1920s and whose mother is from Hong Kong.

NAPABA congratulates Judge McMillian on her appointment and commends Governor Deal for his initiative in diversifying the judiciary.

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Governor Nominates Jenny Rivera, Professor at CUNY Law School, to Serve on NYS Court of Appeals

State of New York | Executive Chamber
Andrew M. Cuomo | Governor
For Immediate Release: January 15, 2013

GOVERNOR CUOMO ANNOUNCES NOMINATION FOR COURT OF APPEALS

Governor Nominates Jenny Rivera, Professor at CUNY Law School, to Serve on NYS Court of Appeals

Governor Andrew M. Cuomo today nominated Jenny Rivera, Professor at the City University of New York School of Law, to serve on the New York State Court of Appeals.

Professor Rivera, a longtime Bronx resident and New York native, has had a long and distinguished career in public service. She has held many varied positions, as a staff attorney at Legal Aid Society of New York City, as an Associate Counsel for the Puerto Rican Legal Defense and Education Fund (renamed Latino Justice PRLDEF), and served as a law clerk to the Honorable Sonia Sotomayor at the U.S. District Court for the Southern District of New York. She was Commissioner of the NYC Commission on Human Rights from 2002 to 2007. In 2007 she joined the Office of New York State Attorney General Andrew Cuomo as Special Deputy Attorney General for Civil Rights.

“Throughout her career, Professor Rivera has worked to defend the legal rights of all New Yorkers and make our state a fairer, more just place to live,” Governor Cuomo said. “As a Judge on the Court of Appeals, Professor Rivera’s legal expertise and passion for social justice will serve all New Yorkers well, and I am proud to send her nomination to the Senate today.”

Professor Rivera said, “I am deeply honored to be nominated by Governor Cuomo to serve on our Court of Appeals. As a lifetime New Yorker, this nomination is a special opportunity for me to continue to serve the people of New York. As a member of the Court of Appeals, I will work each day to uphold the laws of the state and advocate for fairness and justice, and I thank the Governor for this opportunity.”

This year, Professor Rivera will receive the Spirit of Excellence Award from the American Bar Association’s Commission on Racial and Ethnic Diversity in the Profession. In 2012, she received the New York State Bar Association (NYSBA) Diversity Trailblazer Lifetime Achievement Award, and in 2011 received the NYSBA Kay Crawford Murray Award. She is a graduate of Princeton University, and received her J.D. from the New York University School of Law and her LL.M, from Columbia University School of Law.

U.S. Representative Nydia Velazquez said, “The nomination of Jenny Rivera to serve on the Court of Appeals is great news for all New Yorkers. Professor Rivera is a true public servant, and has spent her entire career as a strong, committed advocate for justice and fairness. Her legal knowledge, talents, and vast expertise will be highly valued on the Court of Appeals, and I commend Governor Cuomo for this nomination.”

Seymour W. James, Jr., President of the New York State Bar Association, said, “Jenny Rivera would bring to the Court of Appeals her keen intellect, insightful legal scholarship and a commitment to equal justice for all New Yorkers. The State Bar Association has rated her as well qualified for the position. In 2012, she won our Diversity Trailblazer Lifetime Achievement Award and, in 2010, she was the recipient of our Kay Crawford Murray Award. Her professional achievements also are being recognized in February by the American Bar Association with its prestigious Spirit of Excellence Award.”

Peter M. Reyes, Jr., Hispanic National Bar Association National President, said, “By appointing Jenny Rivera to serve on the Court of Appeals, Governor Cuomo is selecting one of New York’s sharpest legal minds to the highest bench in the state. Professor Rivera’s qualifications, lifetime dedication to public service, and reputation as a legal scholar and neutral advocate render her the right choice for the Court of Appeals. We commend the Governor for this nomination.”

Elena Goldberg Velazquez, President of the Puerto Rican Bar Association, said, “I commend Governor Cuomo for nominating Jenny Rivera to serve on the State Court of Appeals. Professor Rivera is one of New York’s most gifted legal minds, and with this appointment, Governor Cuomo is nominating an extraordinarily qualified Latina to New York State’s highest court. Professor Rivera has been one of the most active and longstanding members of the Puerto Rican Bar Association and we are very proud of her. Throughout her career, Professor Rivera has fought for justice and social inclusion, and all New Yorkers will benefit from her voice and commitment to fairness.”

Matthew Goldstein, Chancellor of the City University of New York, said, “We commend Governor Cuomo for the inspiring appointment of CUNY Law School Professor Jenny Rivera, a highly regarded scholar and teacher who will bring an impressive breadth of professional experience and judgment to the New York State Court of Appeals. On behalf of the entire community of The City University of New York, we extend our warmest congratulations.”

Michelle J. Anderson, Dean of the CUNY School of Law and Professor of Law, said, “Professor Rivera’s deep understanding and grasp of the law, as well as her temperament and integrity, make her an ideal selection to serve New Yorkers on the state’s highest court. For the years she taught our students at CUNY School of Law, Professor Rivera was a role model and example of an individual who put service to others before all else, and whose passion for equality, justice, and fairness was evident in everything she did. We commend Governor Cuomo for nominating Professor Rivera to the Court of Appeals, and look forward to her swift confirmation.”

John Sexton, President of New York University, said, “The nomination of Professor Jenny Rivera, a 1995 graduate of NYU Law School where she was a Root Tilden scholar and a former law clerk to Justice Sonya Sotomayor, does us all proud. I have known Jenny since her time at NYU where she was a student of mine in the Root Tilden Scholarship Program, which I directed. Back then, Professor Rivera was an impressive student who possessed a first rate intellect and a deep sense of compassion. Since her graduation from law school, Professor Rivera has been a distinguished member of the bar, a champion of civil rights and social justice, and at various times a dedicated public servant. If confirmed, her addition to the New York Court of Appeal as an Associate Justice will benefit all the People of this State as well as those who look to our Courts for justice. NYU commends Governor Cuomo for his excellent selection and congratulates Professor Rivera and her family.

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JOINT DIVERSE BAR ASSOCIATION JUDICIAL SCREENING PANEL REPORTS QUALIFICATION RATINGS OF NEW YORK COURT OF APPEALS NOMINEES

The Joint Diverse Bar Association Judicial Screening Panel (the “Panel”) has interviewed and rated judicial candidates nominated by the New York State Commission on Judicial Nominations to fill the vacancy on the New York State Court of Appeals, which was created by the retirement of Associate Judge Carmen B. Ciparick.  The Panel was comprised of members of various affinity bar associations including the Asian American Bar Association of New York, the Association of Black Women Attorneys, the Black Bar Association of Bronx County, the Dominican Bar Association, the Korean Lawyers Association of Greater New York, the Metropolitan Black Bar Association, the Puerto Rican Bar Association, and the South Asian Bar Association of New York.

Last week, the Panel was convened to determine whether the candidates were qualified for the judicial office using a three-tiered rating system of “qualified,” “well qualified,” and "exceptionally well qualified." 

A candidate was rated “Qualified” if found to meet the basic criteria required for the judicial position sought; a rating of “Well Qualified” was given if the candidate met the basic criteria and demonstrated a level of skill, experience, sound judgment, and excellence in his or her professional career, which would sustain or improve the quality of the bench or judicial position sought; and an “Exceptionally Well Qualified” rating was given to candidates fulfilling the requirements necessary for a “Well Qualified” rating and further demonstrating outstanding accomplishments.

The ratings were decided during a closed-door vote after review of the each candidate’s background, professional ability, experience, character, judicial temperament, and other pertinent qualities. The Panel’s findings were as follows:

• Hon. Sheila Abdus-Salaam – Exceptionally Well Qualified

• Hon. Rolando Acosta – Exceptionally Well Qualified

• Kathy Chin, Esq. – Exceptionally Well Qualified

• Hon. Eugene Fahey – Exceptionally Well Qualified

• Jenny Rivera, Esq. – Exceptionally Well Qualified

• Margarita Rosa, Esq. – Well Qualified

• David Schulz, Esq. – Exceptionally Well Qualified