Official blog of the Asian American Bar Association of New York
NYLJ: Bloomberg Appointments to Civil and Family Court
Judiciary Committee Co-Chair Theo Cheng shares a link from the Dec. 12 New York Law Journal on the legacy Mayor Bloomberg is building through his judicial appointments. The article should be of interest to anyone wishing to learn more about New York’s judicial system and the role played by the Mayor and his committee in the selection process.
Vincent Chang sat on a New York County Lawyers Association (NYCLA) panel at a public hearing on Friday, December 2 that addressed the impact of present and future budget cuts on the Southern and Eastern Districts of New York. Chief Judge Loretta Preska of the SDNY and Chief Judge Carol Amon of the EDNY testified at the hearing, which discussed, among other things, the effect that budget cuts would have on public safety, including courthouse security, as well as pretrial and probation supervisory services. The hearing also addressed issues relating to cutbacks in services provided to lawyers and to the public, such as cuts in clerk’s office support staff, docketing, interpreters, court reporting, audio visual, IT, and other areas, which could result in increased delays and other challenges to the administration of justice.
NYCLA Forum on November 2 to Focus on Judicial Independence
From a press release issued by NYCLA on October 24:
On Wednesday, November 2, the New York County Lawyers’ Association (NYCLA) is hosting a free forum, “Should a Judge Be Required to Face Accusations in a Public Forum? Is Justice Mute?,” at the Home of Law on 14 Vesey Street from 6:00-8:00 PM. Judicial experts will be discussing:
- What resources are available to an investigative journalist to present a balanced story;
- What the press’ responsibility is to ensure balanced reporting of public accusations against a judge;
- What meaningful due process protections should be provided to a judge who stands accused in a public setting; and
- The debate over whether judicial disciplinary hearings should be open or closed.
The forum is free and open to the public. This program is sponsored by the NYCLA Justice Center and Task Force on Judicial Independence, which comprises lawyers, judges and academics and was established in 2006 in keeping with the Association’s long history of commitment to an independent judiciary.
For more information, please contact Anita Aboulafia 212 267-6646 ext. 225 [email protected]
WSJ: Senator Schumer Makes His Mark on NY Fed Cts
Published in the Wall Street Journal on Oct. 7.
Mr. Schumer, who has a law degree, said he seeks three criteria in a candidate: an excellent legal résumé—as he put it, “no political hacks"—a sense of moderation and diversity.
"When you get all three, that’s the Triple Crown,” he said.
For full story, click on the link in the title.
Hon. Denny Chin Talks to NYT About His Sentencing Decisions
“There’s no doubt that all of these cases shaped me,” Judge Chin said, “and shaped the way I think, and the way I respond to things.”
FOR IMMEDIATE RELEASE
NAPABA Contact: Emily Chatterjee (202) 775-9555
September 23, 2011
AAJC Contact: Leonie Campbell-Williams (443) 803-1465
NAPABA AND AAJC APPLAUD NOMINATION OF
JUDGE JACQUELINE H. NGUYEN TO THE FEDERAL APPELLATE COURT
WASHINGTON – Yesterday, the National Asian Pacific American Bar Association (NAPABA) and the Asian American Justice Center (AAJC) applaud the decision of President Barack Obama to nominate Judge Jacqueline H. Nguyen to serve on the United States Court of Appeals for the Ninth Circuit. If confirmed, Judge Nguyen would become the first Asian Pacific American woman in the history of the United States to serve as a federal appellate court judge and only the second Asian Pacific American federal appellate court judge currently in active service nationwide.
“Judge Nguyen is an exceptional judge who has a proven track record as a jurist,” said Paul O. Hirose, president of NAPABA. “Moreover, given that there is not one single active Asian Pacific American federal appellate court judge in the Ninth Circuit, where approximately 10 percent of the population is Asian Pacific American, Judge Nguyen’s nomination is even more appropriate.”
It has been more than seven years since there has been an active Asian Pacific American federal appellate court judge in the Ninth Circuit. From 1971 to 2004, there was at least one active Asian Pacific American federal appellate court judge on this Circuit.
“We commend President Obama on the nomination of Judge Nguyen to the Ninth Circuit,” said Karen K. Narasaki, president and executive director of AAJC. “She has been a trailblazer in every step of her career, and we are confident that she will continue to distinguish herself as the first Asian Pacific American woman to serve as a federal appellate court judge.”
Judge Nguyen has served as a federal district court judge for the Central District of California since 2009. Prior to that, she served as a California state court judge for seven years. Judge Nguyen also served as an Assistant U.S. Attorney for the Central District of California, where she argued several appeals before the Ninth Circuit.
Judge Nguyen was born in Dalat, South Vietnam, the daughter of a South Vietnamese Army major who worked closely with U.S. intelligence officers. She escaped the fall of South Vietnam with her family in a harrowing trip, starting with a terrifying toss over a fence, to a plane ride filled wall to wall with people, temporary separation from her father, through a chaotic Saigon, to the Philippines, to Guam, and eventually, to Camp Pendleton, California. Having been born into a life of privilege, then to lose it all to the chaos of war, Judge Nguyen embraced her new life in America with grace, fortitude, determination and cheerful modesty. Growing up, she assisted her mother in cleaning dental offices and earned a four-year full tuition scholarship to Occidental College, eventually graduating from UCLA School of Law, continuing all the while to help her mother in the family donut shop on the weekends.
NAPABA and AAJC congratulate Judge Nguyen on her historic nomination. The organizations thank President Obama for nominating her, and commend Senators Dianne Feinstein and Barbara Boxer for their support of Judge Nguyen’s 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 62 local Asian Pacific American bar associations. Its members represent 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 federal and state judiciaries, advocates for equal opportunity in the workplace, works to eliminate hate crimes and anti-immigrant sentiment, and promotes professional development of minorities in the legal profession.
The Asian American Justice Center (www.advancingequality.org), a member of Asian American Center for Advancing Justice, works closely with its sister organizations – the Asian American Institute in Chicago (www.aaichicago.org), the Asian Law Caucus (www.asianlawcaucus.org) in San Francisco and the Asian Pacific American Legal Center (www.apalc.org) in Los Angeles – to promote a fair and equitable society for all by working for civil and human rights and empowering Asian Americans and Pacific Islanders and other underserved communities.
Here’s the text from NYCLA’s press release on this important issue:
CONTACT: Anita Aboulafia 212 267-6646 ext. 225 [email protected]
NYCLA Task Force Concludes Judicial Budget Cuts on the U.S. District Court for the Southern District of New York May Heighten Security Risks
NYCLA Task Force suggests lack of funding has negative effects on court operations.
New York, NY – August 26, 2011 – The New York County Lawyers’ Association (NYCLA) Task Force on Judicial Budget Cuts, focusing on the effects of budget cuts on the U.S. District Court for the Southern District of New York, released a Preliminary Report that concludes security may be at risk at the Daniel P. Moynihan Courthouse at 500 Pearl Street and overall courthouse operations will be affected as a result of anticipated personnel reductions.
“The NYCLA Preliminary Report documents the effect that budget cuts had on the court this current year and will have in fiscal year 2012,” said NYCLA President Stewart D. Aaron. “The Southern District of New York is the Mother Court, the oldest district court in the country. It is important that the Congress and President Barack Obama pay particular heed to the effect of budget cuts in the Southern District, not only because of the impacts on that court, but also because they are emblematic of the issues faced by federal courts around the country.”
The Preliminary Report, released on August 25, includes a detailed letter from Chief Judge of the Southern District of New York, Hon. Loretta A. Preska, noting that fundamental security issues identified in September 2002 have never been addressed due to budgetary considerations. According to the Report, “The courthouse is an obvious terrorist target and has an average of 2,500 visitors or more per day.”
Highlights from the report include:
- Lack of funding has resulted in delays in construction of a visitor’s screening pavilion outside the Moynihan Courthouse public entrance and delays in the relocation and protection of the air intakes.
- Fiscal year 2011 saw budget cuts of 7.6%, resulting in reductions in non-personnel spending.
- Further budget reductions are anticipated for fiscal year 2012, which may require non-judicial personnel reductions of up to 15%.
- In the event of a shutdown, “non-essential” personnel would be furloughed.
“Security at the Courthouse and the safety of Court personnel, attorneys and the public are matters of paramount concern that should be addressed immediately,” said Michael McNamara, chair of the Task Force’s Federal Courts Subcommittee.
Hon. Stephen G. Crane and Michael Miller, co-chairs of the Task Force, stated, “As this report demonstrates, the Federal Court has not been immune to budget cuts.” The Task Force plans to conduct a more in-depth investigation over the next several months, which will include sponsoring a public hearing at NYCLA in the fall, and the preparation of a more comprehensive report on the impact of the budget cuts on the administration of justice.
About the New York County Lawyers’ Association
The New York County Lawyers’ Association (www.nycla.org) was founded in 1908 as the first major bar association in the country that admitted members without regard to race, ethnicity, religion or gender. Since its inception, it has pioneered some of the most far-reaching and tangible reforms in American jurisprudence and has continuously played an active role in legal developments and public policy.
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Support Goodwin Liu’s Nomination to CA Supreme Court
From CAA (Chinese for Affirmative Action) by way of Rocky Chin:
On Wednesday, August 31, the Commission on Judicial Appointments will consider California Governor Jerry Brown’s nomination of Goodwin Liu to the California Supreme Court.
…
Let the Commission know you support Goodwin Liu with the letter below. (Your letter will be targeted to Ms. AhMoi Kim, Secretary to the Commission.)
Click on the link in the title to see the text of the letter.
Obama Judicial Appointments Infographic
Seen on Twitter from @jesseclee44, great infographic about Obama’s successes and obstacles encountered in making appointments to the bench. While Obama has made great strides in increasing diversity on the bench, including doubling the number of APAs on the bench, he has faced lengthy confirmation delays – 151 days for circuit judges, 103 days for district court. Take a look and share your comments.
The New York County Lawyers’ Association and its Task Force on Judicial Budget Cuts has issued its Preliminary Report on the Effect of Judicial Budget Cuts on New York State Courts. Read the press release here and the report here. A similar report on the Federal courts in New York will be coming out shortly.