From KALAGNY: New York Court Restrictions and Protocols, COVID-19 Update

Thanks to KALAGNY for sharing these important court updates for New York courts.

New York State Unified Court System

March 20, 2020 Executive Order No. 202.8 from Governor Cuomo (Link)

“[A]ny specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state, including but not limited to the criminal procedure law, the family court act, the civil practice law and rules, the court of claims act, the surrogate’s court procedure act, and the uniform court acts, or by any other statute, local law, ordinance, order, rule, or regulation, or part thereof, is hereby tolled from the date of this executive order until April 19, 2020”

Executive Order 202.8 directs a 100% in-person workforce reduction as of March 22, 2020 at 8:00 p.m. for “non-essential” services. Law firms have not been identified on the Executive Order or the Governor’s guidances as “essential.” Please see the NYSBA’s summary of the Executive Order here.

March 22, 2020 Administrative Order from Chief Administrative Judge Marks.

“[E]ffective immediately and until further order, no papers shall be accepted for filing by a county clerk or a court in any matter of a type not included on the list of essential matters attached as Exh. A. This directive applies to both paper and electronic filings.”

March 19, 2020 Memo from NY State Court Regarding Essential Services (Link)

For information, please see: https://www.nycourts.gov/

United States District Court, Southern District of New York

March 11, 2020 Memo Re: COVID-19 Protocols (Link)

For more information, please see: https://nysd.uscourts.gov/covid-19-coronavirus

United States District Court, Eastern District of New York

March 18, 2020 Administrative Order 2020-06 from Chief Judge Mauskopf (Link)

March 18, 2020 Administrative Order 2020-11 from Chief Judge Mauskopf (Link)

For more information, please see: https://www.nyed.uscourts.go

United States District Court, Northern District of New York

March 13, 2020 General Order #58 in Response to Coronavirus COVID-19 Public Emergency (Link) For more information, please see: https://www.nynd.uscourts.gov/public-emergency

United States Court of Appeals for the Second Circuit

Effective March 23, 2020, oral arguments will be held by teleconference. For more information, please see: http://www.ca2.uscourts.gov/

EDNY Magistrate Judge Vacancy

PUBLIC NOTICE

FEDERAL MAGISTRATE JUDGE VACANCY

There is one (1) full-time United States Magistrate Judge position vacancy at the Long Island Courthouse of the Eastern District of New York located at 100 Federal Plaza, Central Islip, NY 11722 effective August 5, 2014.  The duties of the position are demanding and wide-ranging, and will include: (1) conduct of preliminary proceedings in criminal cases; (2) trial and disposition of misdemeanor cases; (3) conduct of various pretrial matters and evidentiary proceedings on delegation from the judges of the district court; (4) trial and disposition of civil cases upon consent of the litigants; and (5) assignment of additional duties not inconsistent with the Constitution and the laws of the United States.

The basic jurisdiction of a United States Magistrate Judge is specified in 28 U.S.C., section 636.  To be qualified for appointment, an applicant must: (a) be a member in good standing of the bar of the highest court of a state, the District of Columbia, the Commonwealth of Puerto Rico, or the U.S. Virgin Islands for at least five years; (b) have been engaged in the active practice of law for a period of at least five years (with some substitutions authorized); © be competent to perform all the duties of the office, of good moral character, emotionally stable and mature, committed to equal justice under the law, in good health, patient and courteous, and capable of deliberation and decisiveness; (d) be less than 70 years old; and (e) not be related to a judge of the district court.  An applicant should have federal court experience and be knowledgeable in federal civil and criminal practices and procedures.

A Merit Selection Panel composed of attorneys and other residents of the district will review all applications and recommend in confidence to the judges of the district court the five persons whom it considers best qualified.  The Court will make the appointment following an FBI and IRS investigation of the appointees.  An affirmative effort will be made to give due consideration to all qualified candidates, including women and members of minority groups.  The salary of each position is now $183,172 per annum.  The term of office is eight years.

Please note that the application form can be accessed on-line at the district’s website: www.nyed.uscourts.gov.  Application forms also may be obtained from the Clerk of the Court at 225 Cadman Plaza East, Brooklyn, New York 11201, (718) 613-2270.  Applications must be personally prepared by potential nominees and must be received no later than September 19, 2014.  A disk in Word or pdf and seventeen (17) copies of the completed application must be mailed or delivered to the office of the Clerk of Court at the above address.

PRESS RELEASE: NAPABA Applauds Confirmation of Indira Talwani to the Federal District Court for Massachusetts

FOR IMMEDIATE RELEASE: May 8, 2014

Contact: Emily Chatterjee (202) 775-9555

NAPABA APPLAUDS CONFIRMATION OF INDIRA TALWANI
TO THE FEDERAL DISTRICT COURT FOR MASSACHUSETTS

WASHINGTON — Today, Indira Talwani was confirmed to United States District Court for the District of Massachusetts with a 94-0 vote. Talwani will be the first person of Asian descent to serve as a federal judge in the Commonwealth of Massachusetts, the first person of Asian descent to serve as an Article III judge in the courts covered by the First Circuit, and only the second female Article III judge of South Asian descent nationwide.

“Indira Talwani’s confirmation is cause for further celebration as we observe Asian Pacific American Heritage Month,” said William J. Simonitsch, president of the National Asian Pacific American Bar Association (NAPABA). “With her confirmation, Judge Talwani makes history as ‘the first’ of many titles and we congratulate Judge Talwani on her accomplishments.”

Prior to her confirmation, Judge Talwani was partner at the Massachusetts law firm of Segal Roitman and the San Francisco law firm of Altshuler Berzon LLP. After graduating for law school, she clerked for the Honorable Stanley A. Weigel on the U.S. District Court for the Northern District of California. Judge Talwani has been recognized for several awards, including: Best Lawyers in America (2013); Massachusetts Super Lawyers (2012); Top 10 Lawyers of the Year, Massachusetts Lawyers Weekly (2010); and Chinese Progressive Association’s Workers Justice Award (2012). Judge Talwani received her J.D. from the University of California Berkeley School of Law and B.A. from Harvard/Radcliffe College.

NAPABA applauds President Obama for this nomination, and thanks Senator Elizabeth Warren for her support of Judge Talwani. Her confirmation today increases the number of active Asian Pacific American Article III judges to 25 nationwide: 4 federal appellate court judges and 21 federal district court judges.

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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 68 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.

NAPABA APPLAUDS NOMINATION OF THEODORE CHUANG TO SERVE AS DISTRICT COURT JUDGE

National Asian Pacific American Bar Association

1612 K Street NW, Suite 1400
Washington, DC 20006


FOR IMMEDIATE RELEASE
September 25, 2013

Contact: Emily Chatterjee
(202) 775-9555

NAPABA APPLAUDS NOMINATION OF THEODORE CHUANG TO SERVE AS DISTRICT COURT JUDGE

WASHINGTON – Today, President Barack Obama nominated Theodore Chuang to a seat on the United States District Court for the District of Maryland. If confirmed, Chuang will be the first person of Asian descent to serve as a federal judge in the state of Maryland, and the first person of Asian descent to serve as an Article III judge in any of the courts covered by the Fourth Circuit.

“We commend Theodore Chuang on his historic nomination to the federal bench,” said Tina Matsuoka, executive director of the National Asian Pacific American Bar Association (NAPABA). “Mr. Chuang is exceptionally qualified to serve on the federal judiciary in Maryland. We also applaud President Obama’s ongoing commitment to nominating qualified Asian Pacific Americans to serve on the federal courts.” If all of the current Asian Pacific American judicial nominees are confirmed by the Senate, President Obama will have more than tripled than the number of Asian Pacific American federal judges since he first took office.

Mr. Chuang currently serves as Deputy General Counsel of the U.S. Department of Homeland Security, where he has worked since 2009. Previously, Chuang was the Chief Investigative Counsel for the House Committee on Energy and Commerce in 2009 and Deputy Chief Investigative Counsel for the House Committee on Oversight and Government Reform from 2007 to 2009. From 1998 to 2004, Chuang served as an Assistant U.S. Attorney in the District of Massachusetts. Prior to becoming a federal prosecutor, Chuang was a trial attorney in the Civil Rights Division of the U.S. Department of Justice. Mr. Chuang also has been active in community service. He has held leadership positions with the Asian Pacific American Legal Resource Center, District of Columbia Bar, and the Asian Pacific American Bar Association of the Greater Washington D.C. Area.

NAPABA commends President Obama for nominating Theodore Chuang to the bench and Senators Barbara Mikulski and Benjamin Cardin of Maryland for their support of his nomination.

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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.

INDIRA TALWANI NOMINATED TO SERVE AS DISTRICT COURT JUDGE

National Asian Pacific American Bar Association

1612 K Street NW, Suite 1400 
Washington, DC 20006


FOR IMMEDIATE RELEASE 
September 24, 2013

Contact: Emily Chatterjee 
(202) 775-9555

INDIRA TALWANI NOMINATED TO SERVE AS DISTRICT COURT JUDGE

WASHINGTON – Today, President Barack Obama nominated Ms. Indira Talwani to a seat on the United States District Court for the District of Massachusetts. If confirmed, Talwani will be the first person of Asian descent to serve as a federal judge in the Commonwealth of Massachusetts, the first person of Asian descent to serve as an Article III judge in the First Circuit, and only the second female Article III judge of South Asian descent nationwide.

“We applaud Indira Talwani’s historic nomination to the federal bench,” said Wendy C. Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “Ms. Talwani has the right experience, intellect, integrity, and temperament to serve with distinction on the federal judiciary in Massachusetts. We hope that the Senate votes to confirm her swiftly.”

Since 2003, Talwani has served as a partner with the Massachusetts law firm of Segal Roitman. Previously, Talwani was a partner with the San Francisco law firm of Altshuler Berzon LLP. After graduating from Harvard/Radcliffe College and University of California Berkeley School of Law, she began her legal career by serving as a law clerk for the Honorable Stanley A. Weigel on the U.S. District Court for the Northern District of California. Talwani has received numerous awards for her professional accomplishments, including: Best Lawyers in America (2013); Massachusetts Super Lawyers (2012); Top 10 Lawyers of the Year, Massachusetts Lawyers Weekly (2010); and Chinese Progressive Association’s Workers Justice Award (2012).

NAPABA commends President Obama for nominating Indira Talwani to the bench and Senator Elizabeth Warren of Massachusetts for her support of the nomination. Talwani along with fellow Asian Pacific American nominees Vince Chhabria and Manish Shah await Senate confirmation votes. If all three are confirmed to the bench, President Obama will have tripled the number of Asian Pacific American Article III judges on the federal judiciary from eight to twenty-four.

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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.

NAPABA Press Release: Manish Shah Nominated to Serve as District Court Judge

National Asian Pacific American Bar Association

1612 K Street NW, Suite 1400 
Washington, DC 20006


FOR IMMEDIATE RELEASE 
September 19, 2013

Contact: Emily Chatterjee 
(202) 775-9555

MANISH SHAH NOMINATED TO SERVE AS DISTRICT COURT JUDGE

WASHINGTON – Today, President Obama nominated Manish Suresh Shah to a seat on the United States District Court for the Northern District of Illinois. If confirmed, Shah will be the first person of South Asian descent to serve as an Article III judge in the state of Illinois.

“We applaud Manish Shah’s historic nomination to the federal bench,” said Wendy C. Shiba, president of the National Asian Pacific American Bar Association (NAPABA). “Mr. Shah has devoted his career to public service in the U.S. Attorney’s office, and his deep experience in criminal law will be an asset to the Northern District of Illinois. We hope that the Senate votes to confirm him swiftly.”

Since 2001, Shah has worked at the U.S. Attorney’s Office for the Northern District of Illinois. Since July 2012, he has served as Chief of the Criminal Division, and previously served as Chief of Criminal Appeals. During his time as an Assistant U.S. Attorney, he has also worked in the General Crimes, Narcotics & Gangs, and Public Corruption units. Shah attended the University of Chicago Law School and Stanford University, and went on to clerk for Judge James B. Zagel of the Northern District of Illinois.

NAPABA commends President Obama for nominating Mr. Shah to the bench and Senators Kirk and Durbin of Illinois for their support of his nomination.

SDNY NOTICE: SDNY Accepting Applications for Magistrate Judge

The United States District Court for the Southern District of New York has announced a vacancy for a full-time U.S. Magistrate Judge position in the White Plains courthouse.  The SDNY’s public notice, which contains additional information about the position and the application, is available on the court’s website at www.nysd.uscourts.gov.  AABANY encourages all qualified attorneys with an interest in serving in the federal judiciary to submit an application, which is due no later than September 30, 2013.  If you have any questions about the position or would like assistance in connection with your application, please contact any of the Co-chairs of AABANY’s Judiciary Committee: 

AABANY asks: Have you served as a judicial clerk?

Clerking is an invaluable experience that not only provides excellent practical skills training but also enables you to build close relationships with judges and fellow clerks. For the benefit of our members, AABANY will be holding two information sessions on judicial clerkships in October 2013, possibly one focusing on federal clerkships and the other on state clerkships (more details to come). We would like these sessions to be as robust as possible, and to that end, we’d like to compile a list of all AABANY members who are former clerks to create an informal mentoring circle and to invite to speak at the sessions. If you have clerked for a either a state or federal judge (not an internship/externship), please contact Lina Zhou at [email protected]. Thank you in advance for your help!