Governor Cuomo Announces First-in-the-Nation State Partnership with National Organizations to Expand Successful Pro Bono Clemency Initiative
For Immediate Release
8/21/2017
Governor Andrew M. Cuomo
State Partners with the National Association of Criminal Defense Lawyers, Families Against Mandatory Minimums, and Other Organizations to Expand Capacity to Provide Clemency Applicants with Pro Bono Legal Assistance
Governor Andrew M. Cuomo today announced a first-in-the-nation partnership between a state and a coalition of legal organizations to expand New York’s pro bono clemency program.
This partnership with the National Association of Criminal Defense Lawyers, with support from the Foundation for Criminal Justice, Families Against Mandatory Minimums, and other organizations is modeled after a successful federal program that has since been discontinued since the Trump administration. This new partnership greatly expands the Governor’s clemency initiative founded in 2015 that provided pro bono clemency petition services to individuals with criminal records or incarcerated in state prison.
“These nationally recognized organizations have already proven successful in helping incarcerated individuals get access to the resources they need to apply for clemency, make the case for their rehabilitation and have the opportunity to contribute to and re-enter society,” Governor Cuomo said. “I’m proud to partner with them to expand the work of this administration and its partners and take one more step toward a more just, more fair and morecompassionate New York for all.”
By engaging more pro bono lawyers, this partnership will provide a steady supply of high-quality clemency applications for the Governor’s Counsel’s Office to review. The NACDL will work with the Executive Clemency Bureau to identify those deserving of a second chance, and make clemency a more accessible and tangible reality in New York.
The Governor launched his clemency review initiative in 2015 with the assistance of the New York City Bar Association, the New York County Lawyers Association, the New York State Bar Association, the Legal Aid Society, Prisoners’ Legal Services of New York and the New York State Association of Criminal Defense Lawyers and other state organizations. Governor Cuomo engages in a careful, holistic review of clemency applications and the assistance that these volunteer attorneys provide has resulted in an increase in the number of strong petitions for the Governor to review. Three individuals represented by pro bono counsel through the program were granted clemency in 2016.
Approximately 1,700 potential applicants for clemency have identified under this program and this new partnership with New York will increase the number of volunteer attorneys in the initiative to assist more applicants in need.
Under the now-defunct federal program, which was launched by the Obama Administration in 2014, these organizations trained nearly 4,000 volunteer lawyers from diverse practice backgrounds and completed screening of the more than 36,000 federal prisoners who requested volunteer assistance.
For more information about the NACDL/FAMM State Clemency Project, including how to sign up to volunteer, visit the project website, https://stateclemency.org.
Although individuals may apply for clemency without the assistance of an attorney, assistance from a pro bono attorney will enhance the quality of an inmate’s application and present his or her best case to the Governor.
Since 2011, Governor Cuomo has commuted the sentences of 10 individuals, and granted pardons to 114 individuals as a part of an ambitious clemency agenda that seeks to identify individuals demonstrating evidence of rehabilitation and self-development amounting to a true change in character or circumstance since incarceration, to help ensure that clemency is a more accessible and tangible reality. He used his pardon power to provide first in the nation relief for New Yorkers convicted of a misdemeanor or non-violent felony at 16 or 17 years old who have been crime-free for ten years, issuing the first conditional pardons to more than 100 New Yorkers in December 2016.
Individuals interested in applying for clemency should visit Governor Cuomo’s clemency website,www.ny.gov/clemency. The website is a central resource for those seeking to learn more about clemency, eligibility requirements, and the application process, including submitting application materials electronically. Family members and friends of individuals serving prison sentences are encouraged to visit the website and apply for clemency on behalf of their family member or friend.
Norman Reimer, Executive Director of NACDL said, “NACDL is proud to work with its partners, the Foundation for Criminal Justice (FCJ) and Families Against Mandatory Minimums (FAMM), in a coordinated effort to recruit, train, and support pro bono counsel for all prisoner applicants for clemency. We salute Governor Cuomo and his administration for recognizing that people are capable of redemption and rehabilitation, and may have earned a fresh start in life.”
Bret Parker, Executive Director of the New York City Bar Association, said, “The New York City Bar Association looks forward to continuing its work with the Governor’s office on this worthy initiative that treats the incarcerated as individuals who in many cases deserve a second chance. We welcome NACDL’s participation in streamlining the process for all involved.”
Jennifer L. Van Ort, the Executive Director of the New York State Association of Criminal Defense Lawyers said, “By working with our colleagues in state government, we can more effectively offer pro bono legal assistance to individuals who are incarcerated in New York prisons. This partnership is a welcome expansion to the existing project, as it will bring more lawyers together with applicants without the resources to pay for representation. With more training, mentoring, and electronic access to client materials, this partnership will help our members better represent reformed and rehabilitated applicants in the State’s process to apply for clemency. I thank the Governor for expanding this successful program and for being a staunch ally of incarcerated New Yorkers.”
David Loftis, Attorney-In-Charge of Post-Conviction and Forensic Litigation at the Legal Aid Society said, “We have been pleased to work with the Governor’s office on clemency cases. In particular, we have been gratified that, over the past year, the Governor has commuted the sentences of worthy applicants represented by The Legal Aid Society and our pro bono partners. We were excited to learn that NACDL will be joining the clemency effort, and The Legal Aid Society looks forward to partnering with them to bring candidates deserving a second chance to the Governor’s attention.”
ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK HONORED WITH BAR LEADERS INNOVATION AWARD FROM NEW YORK STATE BAR ASSOCIATION
FOR IMMEDIATE RELEASE
January 30, 2017
Contact: Yang Chen, Executive Director
(212) 332-2478
New York – January 30, 2017 – The Asian American Bar Association
of New York (“AABANY”) is proud to announce that it was honored with a 2016 Bar
Leaders Innovation Award for its Seventh Annual Fall Conference: Speak Up | Rise Up |
Lift Up. The award was bestowed
by the New York State Bar Association (NYSBA), Committee for Bar Leaders of New
York State, at the NYSBA Annual Meeting held at the Midtown Hilton in
Manhattan, during the final day of the conference on January 27.
According to NYSBA, “the award is presented in statewide
recognition of local, minority, ethnic, specialty, special purpose bar
associations, and the Women’s Bar Association of the State of New York for outstanding
service to the public and the profession through innovative projects and programs
that serve to enhance public understanding of the law, advance and promote the
work of the legal profession, and support the best interests of the public.”
AABANY received its honor in the category of medium-sized bar associations (500-1,999
members). Other honorees included the Association of Black Women Attorneys, the
Dominican Bar Association, the Metropolitan Black Bar Association, the Women’s
Bar Association of the State of New York, and the Caribbean Attorneys Network.
AABANY’s Seventh Annual Fall Conference took place on September 24,
2016 at the New York offices of Skadden, Arps, Slate, Meagher & Flom
LLP. As a primarily volunteer-driven organization with about 1,100
members, the 2016 Annual Fall Conference attracted more than 400 attendees. The
Conference offered 19 separate CLE and non-CLE programs, the second annual
Diversity Career Fair & Expo, Pitch Sessions, Judiciary Bootcamp and Group
Mentoring. Building on past successes, AABANY tackled each aspect of this
year’s conference with an innovative approach and an eye towards impact. The
Fall Conference accomplished many objectives: giving important updates on the
hottest legal trends, establishing a leadership pipeline to both the top of
AABANY’s organization and the top of the profession, providing a forum for
meaningful business and personal connections to be made, and exposing
participants to different career options in New York.
“On behalf of AABANY, we
thank NYSBA’s Committee for Bar Leaders of New York State for this important
award and its recognition of our innovative efforts to engage our membership and
the larger legal community to which it belongs,” said AABANY
President-elect Dwight Yoo, Partner at Skadden, Arps. “Organizing and
presenting this conference for the seventh consecutive year called upon
tremendous team work among AABANY’s leaders, members and supporters. This award
was truly earned by the talents and energies of all who participated in it. We
are humbled and pleased to receive this honor.”
For more information, please
contact Yang Chen, AABANY Executive Director, at (212) 332-2478, or direct any
inquiries to main@aabany.org.
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).
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AABANY Diversity & Inclusion CLE Requirement Support Letter to Hon. Betty Weinberg Ellerin
AABANY Diversity & Inclusion CLE Requirement Support Letter to Hon. Betty Weinberg Ellerin
January 12, 2017
Dear President Gutekunst:
On September 14, 2016, the Asian American Bar Association of New York (AABANY) submitted the attached letter [see link in title] to the Hon. Betty Weinberg Ellerin to express its support of a separate diversity, inclusion and anti-bias continuing legal education (“D&I CLE”) requirement. This letter is attached hereto for your reference. For the reasons stated below, AABANY remains steadfast in its support of this requirement and urges the swift adoption and implementation of the D&I CLE requirement.
Hong Yen Chang was the first Chinese American admitted to the bar in New York in 1888. Six years earlier, the United States Congress passed the Chinese Exclusion Act, making all Chinese ineligible for United States citizenship, in a public climate laden with racism and xenophobia. New York State required that applicants for bar admission to be citizens. Mr. Chang was admitted only after a special legislative exception was made by the New York state legislature. Two years later, he moved to California and applied to be admitted to the bar there – but he was denied due to the Chinese Exclusion Act.
For six decades after, Hong Yen Chang’s admission to the New York State bar was a singular occurrence, as Congress and state legislatures continued passing laws designed to prevent persons of Asian ancestry from attaining citizenship and receiving the benefits enjoyed by citizens, such as the right to own land. The Chinese Exclusion Act was not repealed until 1942. To this day, Chinese Americans remain the only group singled out for exclusion based on race through Congressional action.
The antipathy displayed against Chinese Americans affected other Asian Americans, including Japanese Americans, who were held in internment camps during World War II in disregard of their rights as American citizens. Families and lives were destroyed as a result, affecting countless Japanese Americans, many of whom were born in the United States and had lived and worked here for several generations. This unjust and devastating action was upheld in cases such as Korematsu v. United States, decided in 1944 by the United States Supreme Court. This case has never been overturned.
All racially-based barriers to citizenship were not lifted until 1952. Barriers to immigration from Asian countries were not lifted for another thirteen years, in 1965. The children of the post-1965 immigrants have been entering the profession in larger numbers in the last 25 years or so, finally starting to be hired by firms that a generation before had refused to hire Asian Americans because of racism and bias. This current generation of lawyers faces seemingly intractable barriers to advancement in the profession, as numerous statistics show year after year, despite what the Model Minority Myth might misleadingly cause the general public to believe.
The foregoing state of affairs highlights the prevailing reality that although the very first Asian American lawyer in New York State was admitted 129 years ago, the legacy of exclusion, discrimination and bias continues to preserve a Bamboo Ceiling in 21st century America.
AABANY believes that for the legal profession and the larger community to make meaningful progress on issues of race, discrimination, social justice, civil rights and human rights, education is critical, now more than ever. As noted in our first letter, law is among the least diverse professions in today’s America. For a profession that represents long-honored ideals of equality, fairness and justice, the continuing legal education of New York attorneys must embrace and uphold diversity, inclusion and anti-bias as essential values of the highest priority.
AABANY maintains that New York should forthwith adopt and implement a D&I CLE requirement and urges the New York State Bar Association House of Delegates to vote in support thereof.
Respectfully submitted,
Susan Shin
President, AABANY
This letter was originally submitted on January 12, 2017 to President Claire Gutekunst of the New York State Bar Association. Click here to see the letter in its original form. For the original support letter to Hon. Ellerin, see the link in the title above.
New York State Bar Association Networking Opportunity for Future Elder Law and Special Needs Attorneys
From AABANY Board Member Pauline Yeung-Ha:
The Elder Law and Special Needs Section’s Diversity Committee of New York State Bar Association is seeking law students with an interest in elder law to apply for free registration and attendance at the Section’s Annual Meeting held in January 2016 in New York City. We will provide a limited number of paid registrations to attend the Diversity Reception on January 25th, our meeting on January 26th and a reception afterwards.
We are looking for students from ethnically diverse backgrounds who are considering a practice in the dynamic and growing fields of Elder Law and Special Needs. The deadline for a response is January 12, 2016. Assistance with arranging for travel and lodging may be available.
All selections will be made at the discretion of the Committee.
All interested students should contact:
Elizabeth Valentin evalentin@littmankrooks.com
Deepankar Mukerji dmukerji@kblaw.com
Pauline Yeung-Ha pyeung@gylawny.com
Veronica Escobar vescobar@veronicaescobarlaw.com
Mock Trial (MT) | Justice Resource Center NYC
Mock Trial (MT) | Justice Resource Center NYC
The Justice Resource Center is reaching out to attorneys with an opportunity to work with high school students and attorneys practicing for at least 2 years can earn some CLE credits while doing so.
The NY State Bar Association conducts a statewide mock trial
competition each year. Within NYC, the competition is organized by the
Justice Resource Center.
Five high schools in the Bronx and Queens are
in need of attorney coaches. All of the
schools have competed in the past, but for various reasons their
coaches have not returned this year. Some of the schools would allow
their students to travel to the attorney’s office for after-school
practices.
You can view this year’s problem at the
JRC website. The competition trials, which are held in the early
evenings in federal and state courtrooms, begin the last week of
February. If you’d like more information about the program, please
contact Carolyn Morway, Civic Education Coordinator, Justice Resource at cmorway@schools.nyc.gov or call 212-580-5905.