AABANY Student Outreach Committee and Tax Law Committee Present – What Do Tax Lawyers Do?

Top Row (left to right): Sarah Choi, Shu-Ping Shen, Ms. Urvi Doshi Sood
Bottom Row (left to right): Najah J. Shariff, Karen Kim

On April 26, 2023, AABANY’s Student Outreach and Tax Law Committee hosted a virtual panel: “What Do Tax Lawyers Do?” This event ran from 6:30-7:30pm EST on Zoom with remarks from Shu-Ping Shen (Tax Committee Co-Chair). The panel was moderated by Alex Lao (Pace Law) and Sharon Yang (Student Outreach Committee Co-Chair, Fordham Law), and featured the following panelists:

  • Karen Kim (Partner – Mayer Brown LLP)
  • Najah J. Shariff (Assistant U.S. Attorney, Tax Division – U.S. Attorney’s Office)
  • Ms. Urvi Doshi Sood (Vice President of Taxes and General Tax Counsel – Lockheed Martin Corporation)
  • Sarah Choi (Associate General Counsel – NY Life Insurance Company)

Panelists shared what drew them into their respective fields, interview tips and advice to be resourceful, self-starting junior associates. The main takeaways include: tax law touches a wide range of fields, panelists highly encourage gaining some understanding of tax law or accounting and be proactive as a junior associate by asking questions and picking up additional assignments. The event concluded with a Q&A and light mingling among panelists and students.

Students interested in gaining experience in tax law should check out the externship program at the U.S. Attorney’s Office. Students should apply to the Tax Division. Assignments may include legal research, writing pleadings, trial preparation, observing trials and other court proceedings. Interested students can learn more about the program here.

AABANY thanks the Student Outreach Committee, Tax Law Committee and SOC Co-Chair William Lee (Associate, Mayer Brown LLP) for organizing the event.

Special thank you to our sponsors, Mayer Brown LLP and the National Asian Pacific American Bar Association.

To learn more about the Tax Committee, click here. To learn more about the SOC, click here. To learn more about upcoming AABANY events, click here.

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.

AABANY Joined by NAPABA and Several New York Bar Associations call on Gov. Hochul to Reject the New York City Bar Association’s Rating of Hon. Jeffrey K. Oing

On December 16, AABANY sent a letter to Governor Hochul calling on her to reject the New York City Bar Association’s “not well qualified” rating of Hon. Jeffrey K. Oing. AABANY was joined on the letter by the National Asian Pacific American Bar Association (NAPABA) and the following New York bar associations:

  • Defense Association of New York
  • Filipino American Lawyers Association of New York
  • Jewish Lawyers Guild
  • Korean American Lawyers Association of Greater New York
  • New York State Trial Lawyers Association
  • Puerto Rican Bar Association
  • South Asian Bar Association of New York

The letter can be found here.

The Women’s Trial Lawyers Caucus separately sent a letter to the Governor indicating its support for both Justice Oing and the call to reject the “not well qualified rating.”

All signatories were unanimous in calling on the Governor to reject the bizarre outlier rating given by the New York City Bar Association, with reference to the New York Law Journal article (subscription required) from Dec. 14 about the controversial and unusual rating.

AABANY stands by its statement released on December 12 endorsing Justice Oing as the most highly qualified candidate for the Chief Judge of the New York Court of Appeals and continues to urge the Governor to nominate him as Chief Judge.

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.

NAPABA Congratulates Judge Florence Pan on her Confirmation to the U.S. District Court for the District of Columbia

The National Asian Pacific American Bar Association (NAPABA) congratulates Judge Florence Pan on her historic and overwhelmingly bipartisan (68-30) confirmation to serve as a judge on the U.S. District Court for the District of Columbia. Judge Pan will become the first Asian Pacific American (APA) woman to serve as an Article III judge in the District of Columbia.

In 2009, Judge Pan was nominated by President Obama to the Superior Court of the District of Columbia and was confirmed by unanimous consent by the Senate. She was the first judicial nominee to be confirmed under the Obama Administration, and became the first APA judge to be appointed to any court in the District of Columbia. Judge Pan has over a decade of judicial experience serving in the Criminal, Family Court, and Civil Divisions, and has presided over more than 650 trials. She also has sat by designation on the D.C. Court of Appeals twice.

“Judge Florence Pan, who has ably served our nation’s capital for over a decade on the Superior Court of the District of Columbia, is now the first Asian American woman to serve on the U.S. District Court,” said A.B. Cruz III, President of NAPABA. “NAPABA applauds the Senate’s historic bipartisan vote confirming this eminently qualified jurist.” Previously, Judge Pan served for 10 years as an Assistant U.S. attorney in the U.S. Attorney’s Office for the District of Columbia, including two years as the deputy chief of the appellate division. She also held positions in the Department of the Treasury and at Main Justice, notably in the Office of the Solicitor General. Judge Pan taught at Georgetown University Law Center and American University, Washington College of Law, and is active in her community having served as the Secretary of NAPABA’s Judicial Council.

Judge Pan is a graduate of the University of Pennsylvania and Stanford Law School. Following law school, she clerked for the Honorable Ralph K. Winter, Jr., of the U.S. Court of Appeals for the Second Circuit and the Honorable Michael B. Mukasey of the U.S. District Court for the Southern District of New York.

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.

NAPABA Receives Grant from The Asian American Foundation to Serve as National Network Partner for Anti-Asian Hate Crimes Response

The National Asian Pacific American Bar Association (NAPABA) is proud to announce that The Asian American Foundation (TAAF) has named it a National Network partner in its investment, coordination, and collaboration efforts to combat anti-Asian hate. NAPABA, along with other leading advocacy organizations, has received initial grant funding to support ongoing activities in anti-hate tracking, protection, response, and prevention measures. TAAF has invited NAPABA to partner in this effort in part due to recognizing NAPABA’s work in building a national civil rights infrastructure that harnesses the legal power, strength in numbers, geographic diversity, and linguistic abilities of NAPABA’s nearly 90 affiliated Asian Pacific American organizations.

“TAAF recognizes that the prolonged underinvestment in Asian American Pacific Islander (AAPI) populations resulted in our communities being unprepared for, and more vulnerable to the most recent onslaught in anti-Asian hate,” said A.B. Cruz III, president of NAPABA. “We are grateful not only to be a grant recipient, but also an ongoing partner with TAAF and its network of organizations dedicated to the common cause of protecting our AAPI populations.”

To address anti-AAPI hate locally, TAAF is piloting AAPI Action Centers led by on-the-ground partner organizations that will serve as hubs for addressing hate in their respective cities. These Action Centers will first be piloted in New York City, Chicago, and Oakland. Each Action Center will be connected to each other, and they will feed into the umbrella of TAAF’s Anti-Hate National Network to ensure best practices are being transmitted between the national and local levels of work. NAPABA intends to leverage its strength in numbers—which includes three affiliates in New York City, five in Chicago, and 10 affiliates in northern California—to contribute its expertise in assisting hate crimes and help hate incident victims seek pro bono legal assistance.

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.

NAPABA Donates $10,000 to Assist AAPI Crime Victims

On September 21, 2021, the National Asian Pacific American Bar Association (NAPABA), proudly announced an award of $10,000 to the AAPI Crime Victims and Education Fund (“Fund”) to support the Fund’s efforts to assist crime victims and implement educational programs specifically aimed at reducing violence targeted against the Asian American Pacific Islander (AAPI) population across the nation. Created by NAPABA affiliate the Georgia Asian Pacific American Bar Association (GAPABA) and the GAPABA Law Foundation out of the aftermath of the Atlanta spa shootings, the Fund will provide emergency monies to victims in need of urgent assistance. The Korean American Bar Association of Georgia (KABA-GA) is also a founding partner. The Fund is also committed to raising awareness about rights of AAPIs, providing linguistic access to justice, and supporting other educational activities such as bystander training.

“NAPABA is honored to support the AAPI Crime Victims and Education Fund and all the critical work the Fund will undertake not only to help victims recover from the wounds of anti-Asian hate crimes, but the affirmative educational work that will help prevent future hate from occurring,” said A.B. Cruz III, President of NAPABA. “The Fund’s mission aligns with NAPABA’s priorities of forging meaningful relationships between law enforcement and the communities they are sworn to protect, as well as combating stereotypes, and raising awareness and visibility of AAPI’s not only in legal circles, but in civic life in this country.”

“GAPABA is grateful for NAPABA’s continuing support and collaboration in our shared goal of ensuring that AAPIs remain visible and receive the support they need,” said Angela Hsu, President of GAPABA. “While we have launched the AAPI Crime Victims and Education Fund from Georgia, which became the epicenter for the rebirth of an anti-Asian hatred movement in the wake of the Atlanta spa shootings, we recognize that AAPIs around the country have been systemically overlooked for philanthropy, crime victim support, and other social services. This is why we established the fund to operate at a national level.” The Fund is currently overseen by the GAPABA Law Foundation, which is a registered 501(c)(3) nonprofit organization, and has an Advisory Board consisting of legal and community leaders from across the United States. The effort is led by a six-person volunteer executive committee, consisting of Angela Hsu, of Bryan Cave Leighton Paisner, and President of GAPABA; BJay Pak, of Alston & Bird LLP, former U.S. Attorney, N.D. Georgia; Christopher Chan, of Eversheds Sutherland; Edward Sohn, of Factor Law, Inc, and the GAPABA Law Foundation; Sara Hamilton, of Thompson Hine LLP, President of KABA-GA; and Timothy Wang, of Delta Air Lines, and President Elect of GAPABA. To contribute to the Fund please visit GAPABA Law Foundation for details.

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.

AABANY Board Director Margaret Ling Moderates ABA CBLA Opening Program on June 29

On June 29, Asian American Bar Association of New York (AABANY) Board Director and Real Estate Committee Co-Chair Margaret Ling moderated the American Bar Association’s (ABA) Collaborative Bar Leadership Academy (CBLA) Opening Program titled: “Effective Marketing, Advocacy and Public Relations Strategy.” The panelists for the event were Edgar Chen, Esq., National Policy Director for the National Asian Pacific American Bar Association (NAPABA); Elia Diaz-Yaeger, Esq., President of the Hispanic National Bar Association (HNBA); Tricia “CK” Hoffler, Esq., President of the National Bar Association (NBA); and Dinesh Kumar, Esq., Vice President of Public Relations for the South Asian Bar Association (SABA) of North America. The panelists discussed the role of minority bar associations in facing widespread social and political issues as well as the unique voice of advocacy that minority bar associations can utilize. The discussion also explored different ways of reaching membership through websites, newsletters, and other methods.

AABANY thanks Karl Riley, the Chair of the CBLA, for organizing the panel event as well as ABA for hosting the discussion at such a critical moment for the Asian-American community.

Coalition of Affinity Bars Stand in Unity for Diversity, Equity, and Inclusion in Continuing Legal Education

For Immediate Release: 
Date: July 7, 2021

Contact: Edgar Chen, Policy Director

WASHINGTON- 
The Coalition of Bar Associations of Color (CBAC) – the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA) – together with the National LGBTQ+ Bar Association, and the South Asian Bar Association of North America (SABA-North America) stand united in their support of efforts to foster diversity, equity, and inclusion in continuing legal education (CLE) and in opposition to the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming. As national organizations dedicated to advancing equality and opportunity for underrepresented and historically marginalized members of the legal profession, diversity, equity, and inclusion are of paramount importance to our communities. Diversity on CLE panels benefits both panelists who are recognized for their expertise, as well as audience members who can be inspired by seeing those with similar backgrounds or experiences serving as role models and educators in the legal profession. Moreover, CLE participants may well benefit from hearing from panelists who bring unique and diverse perspectives that they may not have been exposed to previously.

“The objective of the ABA policy and the Florida CLE Diversity Policy is not to exclude anyone, but to ensure inclusion,” argued CK Hoffler, a Florida Bar member and President of the NBA in the NBA’s submission to the Supreme Court. “No one is displaced nor denied an opportunity to participate because of these new policies. African-African attorneys founded the NBA, due in large part because of exclusion. Today, there remains a need to ensure the inclusion of African American attorneys in the legal field and include African American attorneys in the discussion of legal issues.”

“As bar associations dedicated to the advancement of equality and opportunity for APA attorneys, NAPABA and its Florida affiliates believe it is imperative to feature a diverse range of views, experiences and backgrounds in CLE programs in order to address the critical gaps in mentors, connections and role models that are so important for career advancement,” wrote A.B. Cruz III, President of NAPABA in a joint filing before the Court submitted with Florida-based affiliates. “Panelists benefit from recognition as experts which burnishes their credentials, and audience members can be inspired by witnessing those with similar backgrounds or experiences serving as role models and educators in the profession.”

“Diversity is vital to ensuring equal justice under the law and to public confidence in our legal system,” said Elia Diaz-Yaeger, HNBA National President. “If we want to move in the right direction, we must work to ensure a greater diversity across our profession that is representative of the people and communities we represent. That kind of positive change does not happen on its own; it requires bold action and leadership. We urge the Court to clarify its order to permit inclusive diversity policies for CLE courses.”

“In Florida, with a Native American population of over 125,000 and two federally recognized tribes, American Indian, Alaska Native, and Native Hawaiian people are grossly underrepresented in the legal profession and strikingly so in the judiciary,” said Colleen Lamarre, President of the National Native American Bar Association. “The ABA policy and the Florida Bar Business Law Section’s CLE Diversity Policy are aimed at ensuring that CLE programing reflects the local population and advances the voices of historically marginalized groups. Representation and visibility through the continuing legal education process is critical to guaranteeing that the voices of indigenous people are heard and that the local and national attorney population, the pipeline of future attorneys, and our clients benefit and learn from interactions with Native American attorneys and their professional and cultural experiences.”

“Ensuring that diverse points of view are recognized and promoted throughout the legal profession is a primary goal of the National LGBTQ+ Bar Association,” said Lousene Hoppe, LGBTQ+ Bar Association President. “We support the efforts of the ABA and the Business Law Section of the Florida Bar to foster diversity, equity, and inclusion on CLE panels, and we oppose the Florida Supreme Court’s ruling and amendments to the Florida Bar Rules on diversity requirements for CLE programming.”

“SABA North America is committed to diversity, equity, and inclusion in the entire legal profession in North America,” said Samir Mehta, President of SABA North America. “We are committed to seeing this diversity reflected through lawyers of all backgrounds and identities. In Florida, there is only one Asian Pacific American on the federal bench in the entire state and such jurists represent less than one percent of state court judges there. This level of underrepresentation is unacceptable and we look forward to seeing more judges from all marginalized and historically underrepresented backgrounds added, including Asian American and South Asian American judges. In the arena of continuing legal education, we hope that the Florida Supreme Court will recognize that inclusion of different viewpoints will serve as an inspiration for the entire bar. We also hope this will prove that historically underrepresented or marginalized communities are not only welcome, but have much to contribute to our common goal of advancing justice.”

With the stated goals to eliminate bias, increase diversity, and implement efforts aimed at recruiting and retaining diverse attorneys, the Business Law Section (BLS) of the Florida Bar set forth a policy preference whereby the BLS would only sponsor, co-sponsor, or seek accreditation for any CLE program that had minimum numbers of diverse panelists, although the policy also had built in flexibility allowing for exemptions in the event that, after a diligent search, diverse panelists could not participate. In April, on its motion, the Florida Supreme Court struck down this policy characterizing it as “tainted by…discrimination,” and analogizing it to university admissions cases where the Supreme Court of the United States prohibited quotas based on race, even though the policy does not exclude or foreclose the participation of any panelist on a CLE program based on race, gender, sexual orientation, disability or any other characteristic. The Florida Supreme Court then re-wrote the Florida Bar rules to prohibit the approval of any CLE programs that use quotas based on race, ethnicity, gender, religion, national origin, disability or sexual orientation of course faculty or participants. The ruling means that licensed Floridian attorneys would be banned from receiving CLE credit for attending an ABA-sponsored CLE program, as the ABA has a similar diversity policy.

For more information please contact:
HNBA Contact: Daniel Herrera
NAPABA Contact: Edgar Chen 
NBA Contact: Wanda Flowers
NNABA Contact: Colleen Lamarre 
LGBTQ+ Bar Contact: D’Arcy Kemnitz 
SABA-NA Contact: Jasmine Singh 

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The Coalition of Bar Associations of Color (CBAC) was established in 1992 and is comprised of the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA). The HNBA is an incorporated, nonprofit, nonpartisan, national membership organization that represents the interests of more than 67,000 Hispanic legal professionals and as well as the close to 13 percent of law students enrolled in ABA accredited law schools in the United States and its territories. We are committed to advocacy on issues of importance to the 61 million people of Hispanic heritage living in the U.S. From the days of its founding three decades ago, the HNBA has acted as a force for positive change within the legal profession. It does so by encouraging Hispanic students to choose a career in the law and by prompting their advancement within the profession once they graduate and start practicing. Through a combination of issue advocacy, programmatic activities, networking events and educational conferences, the HNBA has helped generations of lawyers succeed. For more information about HNBA, visit www.hnba.com.

The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 60,000 legal professionals and nearly 90 national, state, and local Asian Pacific American bar associations. NAPABA is a leader in addressing civil rights issues confronting Asian Pacific American 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 color in the legal profession. For additional information about NAPABA, visit www.napaba.org.

Founded in 1925, the NBA is the nation’s oldest and largest national network of minority attorneys and judges. It represents approximately 66,000 lawyers, judges, law professors and law students and has over 80 affiliate chapters throughout the United States and around the world. The organization seeks to advance the science of jurisprudence, preserve the independence of the judiciary and to uphold the honor and integrity of the legal profession. For additional information about the National Bar Association, visit www.nationalbar.org.

Founded in 1973, the NNABA serves as the national association for American Indian, Alaska Native, and Native Hawaiian attorneys, judges, law professors and law students. NNABA strives for justice and effective legal representation for all American indigenous peoples; fosters the development of Native American lawyers and judges; and addresses social, cultural and legal issues affecting American Indians, Alaska Natives, and Native Hawaiians. For additional information about NNABA, visit www.nativeamericanbar.org.

The National LGBTQ+ Bar was founded over thirty years ago by a small group of family law practitioners at the height of the HIV/AIDS crisis. In 1987, the idea of creating a gay and lesbian bar association was formally introduced at the Lesbian & Gay March on Washington. The first Lavender Law® Conference took place the following year at the Golden Gate University in San Francisco. In 1989, at the American Bar Association’s Mid-Year meeting, bylaws were presented, and a nonprofit board of directors was formalized. At the second board meeting in 1989 in Boston, the LGBT Bar, then known as the National Lesbian and Gay Law Association (NLGLA), had 293 paid members, and initiated a campaign to ask the ABA to include protection based on sexual orientation to its revision of the Model Code of Judicial Conduct for Judges. In 1992, the LGBT Bar became an official affiliate of the American Bar Association and it now works closely with the ABA’s Section on Individual Rights and Responsibilities and its Committee on Sexual Orientation and Gender Identity. For more information about the LGBTQ+ Bar, visit www.lgbtbar.org.

SABA North America was founded in 2002 to strengthen the rapidly growing South Asian legal community with a recognized and trusted forum for professional growth and development, and promotes the civil rights and access to justice for the South Asian community. With 29 chapters throughout the United States and Canada, SABA attorneys work in all areas of the law, including at large law firms, as in-house counsel, government attorneys, and solo practitioners. SABA hosts an Annual Conference, annual Lobby Day, and numerous other successful programs throughout the year. For more information about SABA North America, visit www.sabanorthamerica.com.

NAPABA Organizational Statement: Coalition of Bar Associations of Color Urges State Bars to Enact Alternative Licensing Measures Amid COVID-19

For Immediate Release:
Date: August 19, 2020

Contact: Priya Purandare, Executive Director

WASHINGTON, DC — The Coalition of Bar Associations of Color (CBAC) issued the following statement in response to several proposals calling for alternatives to the traditional in-person bar examination used to license new attorneys as a direct response to the ongoing challenges presented by the COVID-19 pandemic:

The COVID-19 pandemic has presented extraordinary challenges to just about every aspect of how we conduct our lives. As lawyers, it is our duty to meet these extraordinary circumstances with grace and swiftness, and to adapt as necessary to ensure continued access to justice and protection of the rule of law. In this spirit, the Coalition of Bar Associations of Color supports ABA Resolution 10G strongly urging all state bars to cancel in-person or potentially vulnerable online administrations of the bar exam and consider adopting alternative methods of licensing new attorneys until a safe and secure method of administering a bar exam is available. This will protect the future of the legal profession and ultimately, our society.

Protection of the public in the administration of justice should remain the top priority of state bars. However, during the ongoing pandemic, traditional methods of testing, like large in-person exams, pose tremendous health risks to test takers and those around them and in many instances would violate government-issued restrictions to large gatherings.

Although we commend the states that opted to cancel in-person examinations in favor of online proctored exams, this method has met significant challenges in its administration. These challenges have included fairness, privacy, and technology concerns with the most recent example being the Florida bar. In Florida, bar examinees were informed of the cancellation of the online exam two days before its scheduled date due to numerous issues with the online proctoring system. No official new date or method of testing has been offered. The Michigan online bar exam system crashed during the examination. The State of Indiana encountered similar technology issues when the program was being tested, and they changed to an open book exam allowing answers to be emailed. The current infrastructure for online testing, which presents significant security concerns and glitches, is simply not workable for an exam of this magnitude and import.

As leaders of the Bar Associations of Color we are particularly concerned with the disparate impact that COVID-19 has had on communities of color and more specifically bar examinees of color. As noted in the report accompanying ABA Resolution 10G on this issue, a recent survey showed “a majority of bar applicants do not believe they have reliable internet access, and that white applicants are about 71 percent more likely to have such access when compared to black applicants.” The same survey noted that the majority of bar examinees “do not have access to a quiet space to take a remote bar examination, with white applicants again being substantially more likely to have access to a quiet place than an applicant of color.” People of color and non-traditional students, who have already faced and conquered institutional challenges to complete their legal education, will face additional barriers in the event of additional delays.

Further delays in licensing attorneys are unfair, placing the careers of thousands of attorneys in limbo. Instead, flexibility from state bars is of paramount importance. Adopting alternatives like open book examinations, extended CLE, a diploma privilege, or a Certified Legal Intern program that leads to a provisional license and then to full licensing within 3-6 months, is the most efficient way to adequately safeguard the futures of all bar examinees and the legal profession as a whole.

Additionally, the delays in testing have further exacerbated the stressful circumstances experienced by bar examinees. Graduates have been preparing since May for one of the most important examinations of their careers. To do so, they have sacrificed their income and time for an extended period. Many are facing severe financial difficulties, have no health insurance, and they are competing for jobs in one of toughest job markets in years. Further delays in licensing will disrupt employment plans and leave thousands of graduates with no way of supporting themselves or their families in a moment of global crisis.

Bar examinees have demonstrated their ardent commitment to the legal profession through their resiliency in the last months. The protection of the public in the administration of justice should be extended to bar examinees by decisive action from the state bars that they will serve in their long and successful careers. We call on state bars to consider the options set forth in ABA Resolution 10G that are most protective of bar examinees, their careers, their families, and the legal profession. Options include but are not limited to allowing diploma privileges, administration of remote open book examinations, and creation or expansion of certified legal intern programs leading directly to licensure, a form of diploma privilege.

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The Coalition of Bar Associations of Color (CBAC) was established in 1992 and is comprised of the Hispanic National Bar Association (HNBA), the National Asian Pacific American Bar Association (NAPABA), the National Bar Association (NBA), and the National Native American Bar Association (NNABA).