Tag: due process

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TAPABA and NAPABA Decry the Expulsion of Tennessee Legislators as Harmful for Democracy and Rule of Law

For Immediate Release: 
Date: April 10, 2023		Contact:  Priya Purandare, Executive Director

WASHINGTON – The Tennessee Asian Pacific American Bar Association (TAPABA) and the National Asian Pacific American Bar Association (NAPABA) jointly express grave concern for the abrogation of the rule of law and democracy in the wake of the unprecedented expulsion of two legislators, Justin Jones and Justin Pearson, from the Tennessee House of Representatives and the attempted expulsion of a third. As non-partisan bar associations, we are dedicated to ensuring representation of Asian Pacific Americans and other marginalized communities in the legal profession—including in the judiciary, legislature, and public sphere—and advancing the civil rights of our members and the communities they serve.

When duly elected representatives are dispossessed of their legislative seats, seemingly without adequate due process, their constituents are disenfranchised, and democracy suffers as a result. Expulsions should be rare, and consistent with longstanding precedent, should only follow criminal conviction or after thorough investigation by committee. We note that in the last 157 years, only two representatives have been expelled after allegations of criminal conduct and internal inquiries. The blatant, disparate treatment, even among the three legislators targeted for ouster, and the lack of due process cannot be ignored. TAPABA and NAPABA call on the Tennessee General Assembly to ensure that thorough, careful, and considered due process is always followed in such matters, and that leaders of the House and Senate be mindful that it is not individual legislators, but Tennessee’s districts, and more importantly, their constituents, who are most harmed when deprived of their representation. Tennesseans deserve better.

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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.

The Tennessee Asian Pacific American Bar Association (TAPABA) was created on May 1, 2007, as a state-wide, non-profit association of Asian Pacific American attorneys, judges, law professors, law students and those interested in Asian American legal issues. TAPABA is an affiliate of NAPABA.

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In the Wake of Zero Tolerance–Best Practices for Representing Separated Parents and Children Webinar

In the Wake of Zero Tolerance–Best Practices for Representing Separated Parents and Children Webinar

This Friday, July 13th, from 11:00 AM to 12:30 PM, the ABA Section of Civil Rights and Social Justice will be holding a webinar for attorneys who would like to learn more and help separated parents and children. 

The ABA Commission on Immigration, ProBAR, CRSJ and Children’s Immigration Law Academy (CILA) present this webinar for attorneys who wish to learn more about representing families separated by the Administration’s “zero tolerance” policy. Our experts will discuss how separated families have been processed at the border, forcibly separated, prosecuted and detained, causing grave suffering to parents and children and obstacles to their legal claims. Our experts will discuss each step in the process and explain the complicated legal proceedings that apply to parents caught at the border and children who have been rendered “unaccompanied” by government action. Lawyers across the country have expressed interest in helping these families. Many of these families remain divided today despite the President’s Executive Order that allegedly ended the practice but failed to include a procedure for reuniting families unless they agree to waive all claims and accept removal. This is not due process. Join us to learn more about how to effectively represent these families and permit those who fear persecution to apply for asylum as required by law.

Thank you to Sylvia Chin for sharing it with us.

For any questions, please email Civil Rights and Social Justice Section Associate Director Paula Shapiro at [email protected]

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Thomas Tang Moot Court Judges Needed for NAPABA Convention

We need your help to serve as judges for the Thomas Tang Moot Court Competition on Friday, November 8, 2013, during the NAPABA Convention in Kansas City, MO.  The rounds will take place from 9:15 to 10:15 and 10:30 to 11:30 at the Convention Hotel, Kansas City Marriott Downtown.  

Please sign up to judge either one or both of the preliminary rounds via Wejoinin.   (http://wejoinin.com/sheets/usknvhttp://wejoinin.com/sheets/usknv).  

This year’s problem addresses the following issues:

I.  Whether § 66.04 of the Apalsa Revised Statutes (“ARS”) precluding a public defender from withdrawing on the basis of excessive workload or lack of resource violates the right to effective assistance of counsel guaranteed by the Sixth Amendment to the Constitution of the United States.

 A.  Whether ARS § 66.04 is facially unconstitutional.     

 B.  Whether ARS § 66.04 is unconstitutional as applied in this case.

 II.  Whether the sanctions imposed on Appellant by the Professional Ethics Board of the State Bar of Apalsa violated her rights under the Constitution of the United States.

A.  Whether the sanctions imposed for refusing to comply with a court order to represent a criminal defendant violate the Fifth Amendment right to due process.

B.  Whether the sanctions imposed for Appellant’s public statement regarding her refusal to comply with a court order to represent a criminal defendant violate the First Amendment’s guarantee of freedom of expression.

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Rio Guerrero: “If DOMA Falls, Immigration Will Rise”

Rio Guerrero: “If DOMA Falls, Immigration Will Rise”

AABANY congratulates Rio Guerrero, Co-Chair of the Immigration and Nationality Law Committee, for being published again in the Minority Trial Lawyer Newsletter, a publication of the ABA’s Litigation Section. In an article entitled “If DOMA Falls, Immigration Will Rise,” Rio explains how the Supreme Court’s resolution of the same-sex marriage debate may lead to increased immigration from same-sex couples. To read the full article, click on the link in the title.

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