new york court of appeals Archives

December 19, 2022December 19, 2022

In the News: President William Ng’s Op-Ed in Support of the Hon. Jeffrey K. Oing Published in the New York Law Journal

On December 15, the New York Law Journal published an op-ed titled, “Jeffrey K. Oing: The Chief Judge All New Yorkers Need Now,” written by President William Ng. The op-ed states in relevant part:

A New Yorker with over thirty years of legal and administrative experience, the majority of which has been in public service, Justice Oing stands out as the candidate with the most experience in all three branches of government — judicial, legislative, and executive.

This breadth of experience makes Oing the ideal judge to help make government work better for all New Yorkers. Indeed, before his illustrious career on the bench, Oing served as Deputy General Counsel to the New York City Council and worked on issues such as re-districting under the Voting Rights Act.

Earlier in his career, Oing provided legal and policy advice to the New Jersey State Governor and cabinet members on various pending legislation concerning constitutional law, civil justice, consumer affairs and employee relations.

If Oing is nominated, Hochul will have full confidence that she is selecting an experienced judge who understands well how government works and who has dedicated his professional career to public service and delivering justice.

The op-ed concludes with the statement that New York has never had a judge of Asian American and Pacific Islander descent sitting on its highest court, and Governor Hochul would not only be appointing a highly qualified jurist to serve as Chief Judge, she would also be making history and adding much needed diversity to the state’s highest court.

To read the full op-ed, click here (subscription required).

We expect Gov. Hochul to announce her decision by Dec. 23, and AABANY continues to urge the Governor to nominate Justice Oing to be Chief Judge of the New York Court of Appeals.

May 24, 2021May 24, 2021

In The News: President Terry Shen and Past President Linda Lin’s Op-Ed on the Lack of Asian-American Representation in New York’s Courts Published in City & State

On May 20, 2021, City & State published an Op-Ed written by President Terry Shen and Past President Linda Lin of the Asian American Bar Association of New York.

In the Op-Ed, President Shen and Past President Lin describe how a wave of Anti-Asian violence swept across New York City in the wake of the COVID-19 pandemic and how the city government’s lackluster response to these incidents has not been enough to protect the AAPI community. According to the article, stronger Asian-American representation in New York’s courts can help to solve these issues. The article also highlights Kathy Hirata Chin, the only Asian-American candidate for the New York Court of Appeals, arguing that her appointment would be a landmark step towards greater racial diversity, justice, and equity. As stated by President Shen and Past President Lin: “Our government must be diverse to fulfill Lincoln’s vision of a nation ‘of the people, by the people, and for the people.’ The need in our city and state is urgent and necessary.”

To read the full article, click here.

August 9, 2017

A Statement from Chief Judge Janet DiFiore on Behalf of the New York Court of Appeals (August 5, 2017)

The Court of Appeals is saddened by the death of George Bundy Smith, who served with great distinction as an Associate Judge of the Court from 1992 to 2006. A freedom rider during the civil rights struggle of the 1960s, Judge Smith remained soft-spoken, self-effacing, and completely dedicated to fairness and justice for all people throughout his career. As then-Chief Judge Judith S. Kaye said of him in 2005, “George is a man of few words, but they are absolutely the right words.” He leaves our nation a better place than he found it. We will miss him deeply.

AABANY joins the entire legal community in mourning Hon. George Bundy Smith, a trailblazing attorney and jurist, for his contributions to making positive change in the legal profession and society as a whole.

Please consider supporting the Metropolitan Black Bar Association (MBBA) Hon. George Bundy Smith Scholarship Fund. More from MBBA:

The Honorable George Bundy Smith, served on the MBBA Board and founded its original scholarship fund. Appointed by Governor Mario Cuomo, Judge Smith served on the New York State Court of Appeals from 1992 to 2006. He also served as a judge on the Civil Court of New York City from 1975-1986 and as an Associate Justice of the Supreme Court of New York from 1987-1992. A former law professor at Fordham Law School, Judge Smith was also a former Freedom Rider and a graduate of Yale University (B.A. 1959), where he was just one of three African Americans in his class, and Yale Law School (LL.B 1962). He also received a Ph.D from New York University and an LL.M from University of Virginia School of Law.

In 2014, The Metropolitan Black Bar Association established The Honorable George Bundy Smith Scholarship Fund to offer three scholarships to students who demonstrate qualities of leadership, a passion for the arts and sciences, or a commitment to diversity and academic excellence. The fund is in honor of Judge Smith, who for many years provided board leadership and guidance to the Metropolitan Black Bar Association, including starting the organization’s first scholarship fund. Above all, Judge Smith valued education and consistently leveraged his successes to the benefit of the African-American community.

December 28, 2016

Press Release: Asian American Bar Association of New York Applauds New York’s Highest Court for Decision Prohibiting Skin-Color Discrimination in Jury Selection

FOR IMMEDIATE RELEASE
December 28, 2016

Contact: Yang Chen, Executive Director
(212) 332-2478

Asian American Bar Association of New York Applauds New York’s Highest Court for Decision Prohibiting Skin-Color Discrimination in Jury Selection

NEW YORK – On December 22, 2016, the New York Court of Appeals held in People v. Bridgeforth that skin color-based discrimination in jury selection is prohibited under Batson v. Kentucky, the New York State Equal Protection Clause, and the New York State Civil Rights Law. While Batson has long been understood to prohibit racial discrimination, the Court concluded that its holding “extend[s] the application of Batson to challenges based on color to ensure that the jury is not used as a tool to accomplish such discrimination.” As one of many community organizations that co-signed the Fred T. Korematsu Center for Law and Equality (“Korematsu Center”) and Akin Gump’s amicus brief in support of this decision, the Asian American Bar Association of New York (“AABANY”) applauds this decision.

Key to the Court of Appeals’ decision was its recognition that “[d]iscrimination on the basis of one’s skin color – or colorism – has been well researched and analyzed, demonstrating that ‘not all colors (or tones) are equal.’” In so holding, the Court expressly relied on several sources set forth in the amicus brief filed by the Korematsu Center and over 50 bar associations, non-profit organizations, and law school professors in this case. Professor Robert S. Chang, executive director of the Korematsu Center, commented, “We are pleased the Court found the scholarship on the history and effects of color discrimination that were cited in our amicus brief helpful and informative in finding that Batson does apply to color-based challenges under New York law.”

Sherrilyn Ifill, President and Director-Counsel of the NAACP Legal Defense and Educational Fund, Inc. (“LDF”) observed, “The Court of Appeals has taken a significant step towards reducing the impact of color-based discrimination in our justice system. We hope New York’s leadership in this area will encourage other jurisdictions across the country to protect the role of the jury as an instrument of public justice that is truly representative of the community.”

Professor Vinay Harpalani from Savannah Law School, who served as of counsel for amici, applauded the Court of Appeals for “recognizing that Indian Americans, like African-Americans, can face discrimination based on their skin color.” The Bridgeforth case involved a dark-skinned Indian American woman who was excluded from the jury along with several other dark-skinned women.

Attorneys from Akin Gump Strauss Hauer & Feld LLP served as pro bono counsel on the brief. “Akin Gump is proud to represent this national coalition and be part of this resounding victory for justice,” said Alice Hsu, a partner in Akin Gump’s New York office representing the amici.

The Asian American Bar Association of New York (AABANY) is proud to be among the organizations to sign on to the amicus brief. “As the leading bar association for Asian Americans in New York, we supported theamicus brief and we are pleased with the court’s decision,” stated Susan L. Shin, President of AABANY. “Discrimination on the basis of skin color, just as discrimination on the basis of race, should have no place in jury selection and the proper administration of justice.”

In total, 32 law professors and 20 organizations joined the amicus brief, including: the Fred T. Korematsu Center for Law and Equality, the Anti-Defamation League (ADL), Asian Americans Advancing Justice | AAJC, Asian Americans Advancing Justice | Asian Law Caucus, Asian Americans Advancing Justice | Atlanta, Asian Americans Advancing Justice | Chicago, Asian Americans Advancing Justice | Los Angeles, the Asian American Bar Association of New York (AABANY), the Asian American Legal Defense and Education Fund (AALDEF), the Hispanic National Bar Association (HNBA), LatinoJustice PRLDEF, Inc., the Metropolitan Black Bar Association (MBBA), the National Asian Pacific Bar Association (NAPABA), the National Asian Pacific American Women’s Forum (NAPAWF), the NAACP Legal Defense & Educational Fund, Inc. (LDF), the National Bar Association, the National Native American Bar Association (NNABA), the Society of American Law Teachers, Inc. (SALT), the South Asian Bar Association of New York (SABANY), and the South Asian Bar Association of North America (SABA North America).

The Court’s decision can be found here. The amicus brief is available here.

For more information, please contact Yang Chen, AABANY Executive Director, at (212) 332-2478, or direct any inquiries to [email protected].

The Asian American Bar Association of New York is a professional membership organization of attorneys concerned with issues affecting the Asian Pacific American community. Incorporated in 1989, AABANY seeks not only to encourage the professional growth of its members but also to advocate for the Asian Pacific American community as a whole. AABANY is the New York regional affiliate of the National Asian Pacific American Bar Association (NAPABA).

Additional information about AABANY is available at www.aabany.org

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