NAPABA Applauds the Nominations of Cindy K. Chung to the United States Court of Appeals for the Third Circuit and Judge Mia Roberts-Perez to the United States District Court for the Eastern District of Pennsylvania

For Immediate Release: July 12, 2022
Contact: Mary Tablante, Associate Strategic Communications & Marketing Director

WASHINGTON—Today, President Joe Biden nominated Cindy K. Chung to serve on the U.S. Court of Appeals for the Third Circuit and Judge Mia Roberts-Perez to serve on the U.S. District Court for the Eastern District of Pennsylvania. If confirmed, Chung would be the first Asian American appellate judge on the Third Circuit and Judge Roberts-Perez would be the first Asian American district judge on the Eastern District of Pennsylvania.

“NAPABA offers its congratulations to Cindy K. Chung and Judge Mia Roberts-Perez on their nominations,” said A.B. Cruz III, acting president of NAPABA. “We applaud President Biden for nominating a strong and historic slate of highly qualified Asian American candidates and for continuing to broaden the diversity of backgrounds and professional experiences to the bench. We urge the Senate to swiftly confirm them.”

Cindy K. Chung
In 2021, Chung was nominated by President Biden to serve as U.S. Attorney for the Western District of Pennsylvania and was confirmed by a voice vote. She is the first Asian American U.S. Attorney in Pennsylvania and the only Asian American currently leading any prosecutors’ office in Pennsylvania. Active in the Asian American community, Chung has participated in community briefings and events addressing anti-Asian hate incidents.

Previously, Chung served as a trial attorney in the Criminal Section of the Department of Justice’s Civil Rights Division, where she prosecuted the first case under the Shepherd-Byrd Hate Crimes Act. She also served as an assistant district attorney at the District Attorney’s Office, New York County, and investigation counsel in the Official Corruption Unit. Chung began her legal career as a law clerk for Judge Myron Thompson on the U.S. District Court for the Middle District of Alabama. She received her J.D. from Columbia Law School and her B.A. from Yale University.

Judge Mia Roberts-Perez
In 2015, Judge Roberts-Perez was elected to the Philadelphia County Court of Common Pleas. Previously, she was in private practice at Perez Law LLC, where she specialized in criminal defense and family law. Judge Roberts-Perez started her career at Defender Associations of Philadelphia where she served as public defender in the major trials division. She received her J.D. from Temple University, Beasley School of Law and her B.A. from Tufts University.

NAPABA thanks President Biden for nominating Cindy K. Chung and Judge Mia Roberts-Perez and Senator Casey and Senator Toomey for recommending and supporting their nominations.

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The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

Member Profile: Karen King Wins Unanimous Victory before the U.S. Supreme Court in Domestic Violence and International Custody Dispute Case

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On March 22, 2022, AABANY member Karen King argued before the U.S. Supreme Court in Golan v. Saada (20-1034), a case involving the interpretation of the Hague Convention on the Civil Aspects of Child Abduction. Karen is a Partner at Morvillo Abramowitz Grand Iason & Anello, Co-Chair of AABANY’s Pro Bono and Community Service Committee, and an active member of AABANY’s Anti-Asian Violence Task Force. She sat down with AABANY to share reflections on the oral argument, diversity among litigators, and the importance of pro bono work. 

Looking back, the law was a natural career choice for Karen.  She was president of the debate team in high school as well as at Yale University, where she majored in philosophy and political science.  After receiving her J.D. from Harvard Law School, she moved to New York and began her career at Cravath.  Two decades later, she appears regularly in federal and state courts on behalf of corporate clients, she was named a “Notable Woman in Law” by Crain’s New York Business, and she received both the Federal Bar Council’s Thurgood Marshall Award for Exceptional Pro Bono Service and the National Asian Pacific American Bar Association (NAPABA)’s Pro Bono award.  Her pro bono clients include victims of discrimination, survivors of domestic violence, students with learning disabilities, victims of gun violence, and prisoners on civil rights issues. 

Karen’s impressive career reached another milestone this year when she had her first argument before the U.S. Supreme Court in Golan v. Saada . She represents Narkis Golan, an American citizen and survivor of domestic violence, and mother to a young child who was born in Italy.  The case has been pending for nearly four years and was accepted by the Supreme Court for argument last December to resolve a circuit split on whether district courts are required to consider ameliorative measures to facilitate return of a child to a foreign country, even after finding that return would subject the child to a “grave risk” of exposure to harm.

During oral argument, the justices were active in their questioning and seemed interested in how best to address situations where the grave risk is sourced to a complex problem like domestic violence.  “Am I correct that the vast majority of these grave risk cases are ones involving domestic violence?” asked Justice Barrett, who continued to say: “It just seems to me that that’s a much different case for ameliorative measures than, say, the nuclear plant next door that the Chief posited at the outset.  That would be a pretty straightforward move, and then there would be no more grave risk, whereas I think you get into the complexity of the financial support payments and the undertaking or restraining order, however it should be categorized, in these domestic abuse cases that pose maybe a unique circumstance?”  The recording of oral argument is available here

When asked whether she expected at the outset that this case would reach the U.S. Supreme Court, Karen replied that she did not. She added that, at the start of the case in 2018, “we were hopeful that it would end at the trial level.” But despite establishing, by clear and convincing evidence, that return to Italy would expose the child to a grave risk of harm, the case went back and forth to the Second Circuit on the question of appropriate ameliorative measures.  Ultimately, Karen and the team came to believe that the interpretation of the Hague Convention set forth by the Second Circuit required review by the Supreme Court.  Despite the extraordinarily slim odds of having a case accepted for argument, the Supreme Court asked the Solicitor General to weigh in on the cert petition and ultimately granted cert. 

Arguing before the Supreme Court is the dream of many litigators. Karen prepared through “lots of moots [i.e., practice sessions], testing answers to every conceivable question we could think of, and reflection and discussion of the issues with colleagues, co-counsel, and pretty much anyone willing to talk about it.” In terms of approach to oral argument, she felt she needed to get straight to the point and anticipate challenging questions from the Justices about the key legal issues. Although the preparation process was similar to what she has done for other appellate arguments, it was clearly “more nerve-wracking, more high profile, and more work.”  She credits having an amazing team supporting her at Morvillo, the incredible work of the Paul, Weiss team (her former firm and co-counsel throughout the case), and the lawyers at the Zashin firm (co-counsel at the Supreme Court merits stage).  Although the oral argument was in person, it was not open to the public because of COVID-19 restrictions.  Karen was accompanied only by co-counsel Dan Levi from Paul, Weiss on the big day.  

At the Supreme Court argument, the Solicitor General’s office was represented by Frederick Liu, and the Respondent Jacky Saada was represented by Richard Min, a family law attorney in New York.  It is believed that this was the first time all three advocates arguing a case before the Supreme Court were of AAPI descent. This is a remarkable moment for the AAPI community, and for AAPI litigators.  Karen recognizes that it was important to “push [herself] to create the moment” and not to “be intimidated by milestones.” 

Karen is a strong advocate for diversity in the courtroom and in law firms.  She advises young litigators to strengthen their courtroom skills and give back to the community through pro bono work.  Karen has been recognized for her pro bono commitment over the years and generally works on one or two ongoing pro bono matters on top of her regular workload. Reflecting on her career thus far, Karen sees her persistence, optimism, and creative thinking, as survival skills that have led to great opportunities.  “You just have to push through… . Keep you head up and keep moving toward your goals.  Don’t let the machine crush you.” 

Oral argument in Golan v. Saada (20-1034) by Todd Crespi

Karen King, Richard Min, and Fred Liu, who argued Golan v. Saada (20-1034)

AABANY President Will Ng and Immediate Past President Terry Shen Interviewed for the New York City Bar Association Podcast: A Conversation Discussing AAPI Professional Career Trajectories

AABANY President, William Ng, and AABANY Immediate Past President, Terry Shen, spoke with, Ashley Wong, an Associate at Sidley Austin LLP, for the New York City Bar Association podcast posted on May 26, 2022, to comment on AAPI (Asian American and Pacific Islander) Professional Career Trajectories.

Associate Ashley Wong began the conversation by examining the present landscape for AAPI advancement in their careers. She notes that while the US AAPI population is the “fastest-growing racial or ethnic group in the country,” growing by 88% in the past two decades, “many AAPI employees are still portrayed as ineffective or weak managers, resulting in AAPIs leaving companies at higher rates and not reaching senior positions.” 

Commenting on his career path and success in reaching leadership positions,  AABANY President Will Ng spoke to the support he had received from colleagues and members of the AAPI community as integral factors to his success. Similarly, Immediate Past President Terry Shen also detailed the effective alliances that had helped him progress dynamically from the field of STEM to Corporate Law and even to Investment Banking. Common to their responses, both AABANY leaders spoke to the importance of having strong role models that formed their support network and the foundation for their success. 

In recognizing the work that AABANY does to ensure that future leaders in the field of law have access to more diverse role models, Will and Terry spoke about both the local and systemic changes that AABANY has put forth. From organizing pro bono clinics for LEP communities to facilitating legislative change toward the protection and promotion of AAPI communities, AABANY has advocated for meaningful participation and leadership of and for AAPI communities. Within AABANY, Terry spoke to AABANY’s Leadership Development Program, which seeks to “address the continued under-representation of [AAPI] attorneys in leadership positions in the legal field.”

To conclude the interview, Ashley asked both leaders to share any advice they had for aspiring lawyers and AAPI individuals interested in pursuing the legal profession. Will encapsulated his advice into three key points: “Think strategically, speak to others, and plan ahead.” Terry reiterated the importance of forming solid alliances with mentors and colleagues.

To listen to the full podcast, click here.

AABANY Member Profile: Karen Lin Runs for Queens Civil Court Judge

Karen Lin, an AABANY member since 2019, is a candidate for Judge of the Civil Court in Queens. A dedicated public servant, Karen currently serves as court attorney-referee in Kings County Surrogate’s Court. A former Committee Co-Chair for AABANY’s Pro Bono and Community Service Committee, she led the creation of the Queens Pro Bono Clinic in 2020 and subsequently the Remote Legal Clinic. Now, she hopes to serve her community in a new capacity by becoming the first East Asian female judge elected in Queens. 

A Lifelong New Yorker 

Karen was raised in Flushing and northeast Queens by immigrant parents and continues to call Queens home today. A student of the New York City public school system, she attended the selective Hunter College High School and later the Bronx High School of Science. She attended college at the State University of New York at Buffalo before returning to New York City to pursue her law degree at Brooklyn Law School. 

Motivated to be an advocate for everyday people, Karen began her career as a civil rights and family law attorney at a small firm. She represented families in New York City Family Court and State Supreme Court. She subsequently left for an opportunity to work in the legislative office of New York State Senator Catherine Abate of the 27th District, covering lower and midtown Manhattan. There, as District Counsel and later Chief of Staff, she advocated for constituents in neighborhoods that included Chinatown and the Garment District. The experience gave Karen new insight into the needs of New Yorkers on issues such as affordable housing, fair wages, and labor rights. 

Making the Courts Accessible to Everyone

When Senator Abate gave up her seat to run for Attorney General, Karen returned to the courtroom, this time as a court attorney. Working as a neutral arbiter refined her ability to resolve disputes, facilitate dialogue, and practice empathy. Her commitment to justice was well-recognized by her colleagues, as she was subsequently appointed judge of the New York City Housing Court. “Housing court is the last stop before you’re homeless,” Karen reflects, “[yet] the playing field is so unlevel.” She was humbled by this opportunity. Having advocated for underserved communities for decades, Karen was committed to resolving the disputes before her with full understanding from both parties. 

The bench was Karen’s dream position as a public servant. As a judge, she worked hard to ensure that each person who appeared before her had a meaningful opportunity to be heard. But with a growing family, she decided to step off the bench to care for her three young children. She returned to the courtroom in 2013 as a court attorney-referee in Surrogate’s Court, the position she continues to hold today. She assists grieving families who face difficult conversations following the loss of a loved one. Care and compassion are pillars to Karen’s work: “If you care about people, you’ll care about their problems and see people as people instead of cases to go through,” she explains.  

Changing the Air in the Room

Now that her children are older, Karen hopes to deliver justice again through the bench. She believes that “a good judge knows the law, understands and applies it. A great judge does that and cares about people.” As the daughter of immigrants, a working mother and a lifelong public servant to disadvantaged communities, Karen stresses the need for diverse judges who are attuned to their constituents’ backgrounds. In Queens, where Karen is running, Asians are among the most underrepresented groups in the judiciary. According to the Special Advisor Report on New York State Courts, around 9 percent of Queens judges are Asian although the most recent Queens census reports that Asians constitute 27 percent of the population. 

“The air in the room changes depending on who is in it,” Karen says. She hopes that her campaign will inspire other candidates from underrepresented backgrounds to run for the bench. “As lawyers, [running for the judiciary] is not on our radar…yet invisibility changes when we call it out, when there are more of us who are not silent.” As judge, she is committed to continue serving everyday families and to ensure they are treated with dignity throughout the process. 


For more information about Karen Lin’s campaign, including how you can volunteer or support her candidacy, please visit https://www.karenlin2022.com/.

2022 NY Legal Education Opportunity Program

The Franklin H. Williams Judicial Commission is pleased to share information about the 2022 NY Legal Education Opportunity Program (NY LEO):

The application portal is open for the NY Legal Education Opportunity Program Class of 2022! 

NY LEO immerses students that are educationally and/or economically disadvantaged, and/or from groups traditionally underrepresented in the law, to the rigors of the first year of law school; 1L experience.

The 6-week intensive program runs from June 5 – July 14, 2022, at the Elisabeth Haub School of Law, located on Pace University’s campus in White Plains, NY. Students must apply online, see the tab, “LEO Fellow Application” on the NY LEO website (http://ww2.nycourts.gov/attorneys/leo).

Priority consideration will be given to applications received by May 6. Please share information about NY LEO with your networks.

If you have questions or need additional information, please contact:

[email protected] or by telephone at (914) 824-5800.

AABANY Congratulates the Newly-Elected AAJANY Board

AABANY applauds Judge Shababudeen Ally and Justice Ushir Pandit-Durant’s election on February 15 as President and Vice-President of the Asian American Judges Association of New York (AAJANY). Both Judge Ally and Justice Pandit-Durant are AABANY members.

Judge Ally is a Supervising Judge of the Civil Court in New York County. He became the first Muslim male elected to New York City Civil Court in 2018 and the first South Asian Supervising Judge in 2020. Judge Ally began his legal career as a staff attorney with the New York City Administration for Children’s Services. Judge Ally then went to work for the NYC Law Department as an Assistant Corporation Counsel. For a decade prior to his time on the bench, Judge Ally operated his own law practice specializing in family and criminal law.

Judge Pandit-Durant is a Justice of the Queens County Supreme Court. Judge Pandit-Durant became the first South Asian judge elected to New York State Supreme Court in Queens and the first South Asian woman judge elected in New York State in 2018. Judge Pandit-Duran began her career as a Prosecutor in the Queens County District Attorney’s Office, serving there with distinction for 25 years before being elected to New York City Civil Court in 2015, becoming the first South Asian to hold that elected office.

On March 2, in an article entitled “Asian American judicial org. works to diversify bench,” the Queens Eagle wrote Asian judges are the “least represented racial or ethnic group on the bench,” making up 6 percent of Queens’s judiciary. In the Queens’s Family Court, “there is only one Asian judge and there are no Asian American judges in the Borough’s housing Court.” In comparison, “White judges account for around 66 percent, 17 percent of judges are Latino and 17 percent are Black,” according to the Office of Court Administration data cited by the Queens Eagle.

This lack of AAPI judicial representation is further exacerbated by the overall increase of Queens’s total population. Data cited by the Queens Eagle indicates that Asian Americans account for the largest population growth of 29 percent in Queens, “outpacing the borough’s overall 7.8 percent growth.”

Judge Ally told the Queens Eagle that though there is a lot of work left to be done, diversity efforts on the bench appear to be headed in the right direction. AAJANY’s board includes three other AAPI judges from Queens: Queens Civil Court Judge Changyong Li is the secretary, recently-elected Queens Supreme Court, Criminal Term Judge Karen Gopee is the treasurer and Queens Supreme Court, Criminal Term Judge Francis Wang is now a member of the Board of Directors. AAJANY’s Board of Directors also includes Hon. Lillian Wan, Hon. Meredith Vacca, Hon. Karen M.C. Cortes, and Hon. Shorab Ibrahim.

To read more about the AAJANY election, please click here.

Congratulations to Judge Ally, Justice Durant, and all the newly-elected Board members of AAJANY. Thank you for all you do to represent the AAPI community and to enhance diversity and inclusion on the bench.


AABANY Co-Sponsors Asian Financial Society’s 2022 Women Leadership Panel

On February 24, AABANY co-sponsored a hybrid Women’s Leadership panel, together with the Asian Financial Society, the Chinese Finance Association, East West Bank, and MSCI which hosted the event and the reception afterwards. Around 30 attendees joined in-person, with the rest participating by Zoom. 

The panel of industry leaders were: 

  • Jennifer Wu Partner, Paul, Weiss and AABANY Women’s Committee Co-Chair;
  • Janny Cheung, FVP-CRE Manager, Eastern Region CRE, East West Bank;
  • Chengying Xiu, Shareholder of Becker & Poliakoff, Chairwoman of AFS;
  • Angelene Huang, Executive Director, VisWise Global and board member of TCFA; and
  • Jigar Thakkar, Chief Technology Officer and Head of Engineering, MSCI.  

The panel was moderated by Cara Chen (Executive Director, Client Coverage (Hedge Funds), MSCI).  

The discussion focused on allyship and how women of color can meaningfully advance in their careers including through the support of bar associations like AABANY.  Jigar talked about his practice of communicating with diverse people not just about what they have done right but the challenges of running a company; Janny Cheung talked about the diverse and supportive environment at East West Bank that treats everyone like individuals and that has allowed women like her to succeed; Chengying Xiu talked about the importance of speaking from the heart and being true to yourself; Angelene Huang talked about starting an organization that brings together Asian American professionals and how much she values toughness; and Jennifer talked about her journey from a premed student to a litigation partner and how as a first generation lawyer, other people had dreams for her that she did not have for herself. 

Thank you to Asian Financial Society for inviting AABANY to co-sponsor and to Jennifer Wu for representing the Women’s Committee as a panelist. To learn more about the Women’s Committee, please visit https://www.aabany.org/page/122.

NAPABA and Florida Affiliates’ Statement in Response to Florida Supreme Court’s Ruling Against Diversity and Inclusion Requirements in Continuing Legal Education

WASHINGTON – The National Asian Pacific American Bar Association (NAPABA), together with the Asian Pacific American Bar Association of Tampa Bay (APABA-TB), the Asian Pacific American Bar Association of South Florida (APABA-SF), the Greater Orlando Asian American Bar Association (GOAABA), and the Jacksonville Asian American Bar Association (JAABA) (collectively, the “Florida Affiliates”) express their strong disappointment with the Florida Supreme Court’s decision reaffirming its own ban on Florida lawyers receiving credit for continuing legal education (CLE) courses that employ certain diversity requirements on their panels. In June, NAPABA and the Florida Affiliates filed comments before the Florida Supreme Court urging the court to recognize that advancing diversity through these requirements fosters inclusivity, and does not exclude any viewpoint. Unfortunately, the court continued to mischaracterize these efforts as harmful and discriminatory. The diversity requirements championed by NAPABA, our Florida Affiliates, the American Bar Association, and dozens of other organizations are additive and not subtractive. They do not discriminate against any person or group, but rather they uplift voices long silenced. As we have noted previously, the stated goal of the policy was to eliminate bias, increase diversity, and implement tactics aimed at recruiting and retaining diverse attorneys.

The National Asian Pacific American Bar Association (NAPABA), represents the interests of over 60,000 Asian Pacific American (APA) legal professionals and nearly 90 national, state, and local APA bar associations. NAPABA is a leader in addressing civil rights issues confronting APA communities. Through its national network, NAPABA provides a strong voice for increased diversity of the federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes the professional development of people of all backgrounds in the legal profession.

In the News: AABANY President and Members, Community Partners, and Sponsors Listed Among City & State’s Power of Diversity List of New York’s Top 100 Asian American Leaders

AABANY is excited to announce that President Terrence (Terry) Shen was featured in the 2021 Power of Diversity list of New York’s Top 100 Asian American Leaders published by City & State on July 19, 2021. Terry was recognized as 53rd on the list.

City & State wrote:

As partner at the law firm Kramer Levin, Terrence Shen represents New York’s top corporate interest clients like MVC Capital in its merger with Barings BDC, which represents more than $1.5 billion of assets. Shen is also the president of the Asian American Bar Association of New York. Under his leadership, the association released Know-Your-Rights literature, hosted public forums on rising anti-Asian hate crimes and organized candidate forums for New York’s district attorney races.

Congratulations and thank you to Terry for representing AABANY among New York’s most influential Asian American leaders.

In addition to Terry, several others featured on City & State’s list have worked with or been associated with AABANY, as members, community partners, or sponsors. We extend our congratulations to them as well.

AABANY has had the pleasure of working with Grace Meng, number one on City & State’s list and New York’s first Asian American member of Congress. At the forefront of fighting anti-Asian hate by spearheading COVID-19 hate crimes legislation, she was a speaker at AABANY’s press conference following the release of our anti-Asian violence report A Rising Tide of Hate and Violence against Asian Americans in New York During COVID-19: Impact, Causes, Solutions in February.

Among the others in the top 10, AABANY has worked with Ron Kim (2), State Assembly Member; John Liu (3), State Senator and first Asian American to serve on the City Council; and Margaret Chin (9), New York City Council Member.

AABANY also congratulates:

  • Sandra Ung (16), New York City Council Primary Winner for District 20 and former AABANY treasurer;
  • Shekar Krishnan (16), New York City Council Primary Winner for District 25 and former AABANY member;
  • Frank Wu (23), President of Queens College, co-author of our most performed trial reenactment, Building Our Legacy: The Murder of Vincent Chin, honoree at the 2021 Virtual Gala, and author of the foreword to our anti-Asian violence report;
  • Carmelyn Malalis (28), Chair of the New York City Commission on Human Rights and plenary session speaker at our Fall Conference last year;
  • Faiza Saeed (34), a Presiding Partner at Cravath, Swaine & Moore, a Gold Sponsor of AABANY for many years;
  • John Park (35), Executive Director of the MinKwon Center for Community Action, one of our longtime community partners;
  • Margaret Fung (38), Co-founder and Executive Director of the Asian American Legal Defense and Education Fund, one of our longtime community partners;
  • Preet Bharara (52), as the first AAPI United States Attorney for the Southern District of New York, a regular speaker at our annual Prosecutors Reception and an honoree at our Annual Dinner in 2015;
  • My Chi To (54), Executive Deputy Superintendent of the Insurance Division at the New York State Department of Financial Services and former AABANY member;
  • Ruchi Shah (65), President of SABANY, a sister bar association and longtime collaborator with AABANY;
  • Justin Yu (80), Chair of the New York Chinese Chamber of Commerce, an AABANY partner of many years for our walk-in Pro Bono Clinic; and
  • Thomas and Jill Sung (88), Chair and President/CEO, respectively, of Abacus Federal Savings Bank. Thomas’s daughter and Jill’s sister, Vera, is currently an AABANY member.

AABANY is privileged and honored to have worked closely with so many of New York’s most influential AAPI leaders. Congratulations to everyone who made the list, and we look forward to continuing our collaborations and partnerships in the future.

The full City & State article can be found here, starting on page 17.

Historical Society of the New York Courts and the Asian American Judges Association of New York Sponsor a Panel about AAPIs in the Judiciary, May 20

On May 20, the Historical Society of the New York Courts, the Asian American Judges Association of New York, and Meyer Suozzi English & Klein P.C. co-sponsored a panel discussion on the role of Asian Americans in the federal and state judiciary. The panelists of the event were Hon. Pamela K. Chen, U.S. District Judge for the Eastern District of New York and AABANY member; Hon. Toko Serita, New York State Acting Supreme Court Justice, Presiding Judge of the Queens Human Trafficking Intervention Court, and AABANY member; and Hon. Anil C. Singh, Associate Justice of the Appellate Division, First Department. Hon. Lillian Wan, New York State Acting Supreme Court Justice and AABANY member, moderated the panel.

New York State Court of Appeals Chief Judge Janet DiFiore opened the event with a few remarks, thanking the panelists and acknowledging their trailblazing careers as Asian-Americans. Chief Judge DiFiore also emphasized the importance of remembering AAPI history and the United States’ legacy of racial exclusion against Asians. She then turned the program over to Judge Randall T. Eng. Judge Eng, Of Counsel at Meyer Suozzi and former Presiding Justice of the Appellate Division, Second Department, welcomed the attendees and shared his experiences as the first Asian American appointed to the bench in New York.

Judge Wan then introduced the panelists for the event, opening the discussion with a brief presentation on AAPI history from Hong Yen Chang and the Chinese Exclusion Act to the present day. After the presentation, each of the panelists introduced themselves and shared their backgrounds and paths to becoming judges. Judge Wan began the panel discussion, asking the panelists about their experiences as Asian Americans at the times of their confirmations. Many of the panelists recounted how there were very few, if not any, Asian American judges when they were appointed. Judge Chen recalled how her appointment was facilitated by Obama’s attempts to diversify the federal bench, while Judge Serita recounted her experiences as the first Japanese American appointed to her court.

Judge Wan moved on to the reasons behind the underrepresentation of AAPIs in the state and federal judiciary. All of the panelists cited lack of political engagement, the lack of a pipeline, and the general tendency of Asian lawyers to seek employment at corporate law firms. Judge Chen also brought up cultural barriers, touching on how Asians tend not to promote themselves and do not seek help even when needed.

Judge Wan shifted the topic to Asian stereotypes and its effects on day-to-day legal practice. The judges all expressed how Asians are frequently lumped together, being viewed as a monolithic group. Judge Serita pointed out that the term “Asian” itself perpetuates invisibility, as it smothers the diverse experiences that individuals of different Asian cultures experience. Judge Chen also mentioned how women of color tend to face more microaggressions than men of color.

Judge Wan then asked the panelists if they had experienced any incidents of anti-Asian assault during the COVID pandemic. Judge Serita shared that during the height of the pandemic, she would wear a hat and sunglasses on the subway in order to hide her Asian identity. She also mentioned how women make up 70% of bias incident victims due to being stereotyped as meek and docile. Judge Serita also emphasized the importance of continuing the conversations about Asians and race in light of the rise in anti-Asian incidents. Judge Chen also shared a story, where an Asian female jury member had to be excused from jury duty because she feared being assaulted on the subway commute to the courthouse.

Judge Wan then directed the conversation towards the role of diversity in the judiciary. All the judges emphasized the importance of having a judiciary that reflects the diversity of the people it serves. Judge Chen also cited Supreme Court Associate Justice Sonia Sotomayor’s dissenting opinion in the Schuette v. Coalition case, pointing out how race does matter in the judiciary due to the long history of minorities being excluded in the United States.

Judge Wan then asked the panelists their thoughts on building a pipeline for Asians to enter the judiciary. All the judges expressed how important it was to reach out to the community to inspire young people to consider a public service career. Judge Chen identified a number of internships and programs for students aspiring to become judges while also noting how increasing Asian political representation in federal and state positions would afford aspiring AAPI lawyers the support needed to get through the confirmation process. Judge Chen also mentioned the role of bar associations like AABANY and the South Asian Bar Association of New York in sponsoring candidates for the bench. Judge Serita finished by encouraging young lawyers to be more proactive and to overcome Asian cultural humility.

Judge Wan moved to the topic of judicial screening panels, asking the judges their thoughts on the role of diversity on the panels. All the judges agreed on the vital role of diversity on screening panels. Judge Serita recounted one instance where an Asian woman being reviewed by the New York State Association of Criminal Defense Attorneys was given a low qualification score, due, in part, to the fact that only one out of the 30 committee members was Asian.

To close the panel, Judge Wan asked the judges if they had any advice to give to young attorneys aspiring to the bench. Judge Chen and Judge Serita both encouraged the attendees to enjoy their work, be passionate about it, but also, to not plan their careers rigidly around becoming a judge. All the judges also expressed the importance of flexibility and of keeping options open.

At the end of the event, Judge Eng shared photographs and a newspaper clipping documenting his long and distinguished career in the judiciary. Judge Wan then thanked the panelists for their time and the attendees for coming to the event.

To watch the full event, click here.