Obama Administration Archives

August 22, 2017

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.”

November 25, 2014

NAPABA APPLAUDS ADMINISTRATIVE RELIEF ON IMMIGRATION AND CALLS FOR LEGISLATIVE ACTION

FOR IMMEDIATE RELEASE
November 21, 2014

Contact: Emily Chatterjee
(202) 775-9555

WASHINGTON – The National Asian Pacific American Bar (NAPABA) welcomes President Barack Obama’s decision to take executive action and provide immigration relief—an important step towards fixing our broken immigration system. A key part of the President’s executive action is providing temporary relief from deportation to an estimated 4.9 million undocumented immigrants, of which an estimated 1.3 million are Asian Pacific American immigrants.

“NAPABA has long supported the need for commonsense immigration reform and applauds the President’s efforts to take action and provide relief,” said George C. Chen, president of NAPABA. “We recognize that President Obama’s actions are only temporary and continue to stress the need for legislative action and call on Congress to pass legislation to fully address the problems within the immigration system.”

Of the 1.3 million undocumented Asian Pacific Americans, an estimated 400,000 will benefit from this temporary relief. However, Asian Pacific American immigrants who have been waiting for decades to reunite with family members due to the visa backlogs in the family immigration system will not obtain any relief. It is estimated that 1.8 million people from Asian countries are waiting for a family-sponsored visa to join loved ones in the United States.

Supporting the need for comprehensive immigration reform has long been a priority for NAPABA. For many years, the NAPABA Board of Governors has passed policy resolutions on immigration, and immigration reform has been a focus of advocacy efforts for NAPABA members on the Hill and across the country within NAPABA’s state and local affiliates. A few weeks ago, NAPABA was proud to present Jose Antonio Vargas, an Asian Pacific American undocumented immigrant and Pulitzer-prize winning activist, as the keynote speaker of the 2014 NAPABA Convention in Arizona. In light of the administrative relief announced last night, Mr. Vargas may, after more than 20 years, finally be able to return home to the Philippines to see his mother.

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The National Asian Pacific American Bar Association (NAPABA) is the national association of Asian Pacific American (APA) attorneys, judges, law professors, and law students. NAPABA represents the interests of over 40,000 attorneys and approximately 70 national, state, and local bar associations. Its members include solo practitioners, large firm lawyers, corporate counsel, legal services and non-profit attorneys, and lawyers serving at all levels of government. NAPABA engages in legislative and policy advocacy, promotes APA political leadership and political appointments, and builds coalitions within the legal profession and the community at large. NAPABA also serves as a resource for government agencies, members of Congress, and public service organizations about APAs in the legal profession, civil rights, and diversity in the courts.

July 18, 2014

NAPABA CELEBRATES CONFIRMATION OF NORMAN C. BAY TO THE FEDERAL ENERGY REGULATORY COMMISSION

FOR IMMEDIATE RELEASE
July 15, 2014
Contact: Azizah Ahmad
(202) 775-9555

WASHINGTON – Today, the U.S. Senate confirmed Norman C. Bay to be Commissioner of the Federal Energy Regulatory Commission (FERC) by a vote of 52-45. He is the first Asian Pacific American to lead this powerful regulatory agency. Commissioner Bay is only the third Asian Pacific American to serve as head of a government department or agency during President Obama’s second term.

“Norman C. Bay is a dedicated public servant with the stellar credentials and professional background to be an outstanding leader of FERC. We are proud of Commissioner Bay, who is a longtime NAPABA member. We applaud him on his much deserved confirmation,” said William J. Simonitsch, president of the National Asian Pacific American Bar Association (NAPABA). “NAPABA thanks President Obama for nominating Commissioner Bay to lead FERC, and appointing well-qualified, diverse candidates to the bench and to positions in his Administration. More qualified people of color like Commissioner Bay need to be given the opportunity to lead.”

Prior to his confirmation, Commissioner Bay served as Director of the Office of Enforcement at FERC, where he received the FERC Chairman’s Medal in 2013. Before joining FERC, he was a Professor of Law at the University of New Mexico from 2002 to 2009. His career in academia was preceded by time in public service — Mr. Bay served as the U.S. Attorney for the district of New Mexico, and spent many years as an Assistant U.S. Attorney at the U.S. Department of Justice and also as an Attorney-Advisor at the U.S. Department of State. Commissioner Bay graduated from Dartmouth College summa cum laude and Harvard Law School cum laude. After law school, he clerked for the Honorable Otto R. Skopil, Jr., of the U.S. Court of Appeals for the Ninth Circuit in Portland, Oregon.

NAPABA thanks Senator Martin Heinrich of New Mexico and Senator Mazie Hirono of Hawaii for their strong support of Norman C. Bay’s nomination.

May 12, 2014

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.

May 5, 2014

PRESS RELEASE: NAPABA Celebrates Historic Milestone with Chuang Confirmation to the Federal District Court for Maryland

FOR IMMEDIATE RELEASE
May 1, 2014

Contact: Emily Chatterjee
(202) 775-9555

NAPABA CELEBRATES HISTORIC MILESTONE WITH CHUANG CONFIRMATION TO THE FEDERAL DISTRICT COURT FOR MARYLAND

WASHINGTON — Today, with the confirmation of Theodore Chuang to the U.S. District Court for the District of Maryland, the Obama Administration has tripled the number of Asian Pacific American judges on the federal bench, going from 8 judges to 24 active Article III APA judges since 2008. Judge Chuang is the first Asian Pacific American judge to serve on the federal judiciary in Maryland or in any of the states in the U.S. Court of Appeals for the Fourth Circuit.

“Theodore Chuang’s confirmation to the U.S. District Court for the District of Maryland is a historic occasion on many fronts,” said William J. Simonitsch, president of the National Asian Pacific American Bar Association (NAPABA). “Judge Chuang has a long history of public service and will be the first Asian Pacific American federal judge to ever sit on the bench in Maryland, breaking yet another barrier in the legal profession. He has long been an active member of NAPABA and the Asian Pacific American community, and we are proud to have supported his nomination. We applaud Senators Barbara Mikulski and Ben Cardin of Maryland for putting Judge Chuang’s name forward.”

“Judge Chuang’s confirmation today also sets a new high for the number of Asian Pacific Americans to serve on the federal bench, and is a fantastic way to begin Asian Pacific American Heritage Month,” added Simonitsch. “President Obama and his administration have demonstrated unwavering support and dedication to the appointment of well-qualified, diverse nominees to the bench, making genuine progress in building a judiciary that looks like our great nation. We also thank all of the U.S. Senators who have supported diverse candidates like Judge Chuang to the bench, and look forward to working with the Senate to do even better in years to come.”

Before his service on the bench, Judge Chuang served as Deputy General Counsel of the U.S. Department of Homeland Security, where he worked since 2009. He was previously 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. Prior to that, Chuang served as an Assistant U.S. Attorney in the District of Massachusetts and as a trial attorney in the Civil Rights Division of the U.S. Department of Justice. Mr. Chuang has held leadership positions with the Asian Pacific American Legal Resource Center, the District of Columbia Bar, and the Asian Pacific American Bar Association of the Greater Washington D.C. Area.

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May 5, 2014

PRESS RELEASE: NAPABA Applauds Confirmation of Manish Shah to the Federal Bench

FOR IMMEDIATE RELEASE
April 30, 2014

Contact: Emily Chatterjee
(202) 775-9555

NAPABA APPLAUDS CONFIRMATION OF MANISH SHAH TO FEDERAL BENCH

WASHINGTON — Today, the U.S. Senate confirmed Manish Suresh Shah to a seat on the U.S. District Court for the Northern District of Illinois by a vote of 95-0. He is the first person of South Asian descent to serve as an Article III judge in the state of Illinois and in the Seventh Circuit.

“NAPABA proudly supported the nomination of Manish Shah to the bench, and we congratulate him on his confirmation today,” said William J. Simonitsch, president of the National Asian Pacific American Bar Association (NAPABA). President Obama, Senator Kirk, and Senator Durbin should be commended for their support of Judge Shah, and for their steadfast commitment to nominating well-qualified, diverse candidates to the bench.“

Judge Shah is a long-time member of the Chicagoland community, and has devoted his career there to public service. Before joining the bench, Shah worked at the U.S. Attorney’s Office for the Northern District of Illinois since 2001. There he served as the chief of the Criminal Division since July 2012, and previously served as the chief of Criminal Appeals. Judge Shah also attended the University of Chicago Law School and clerked for Judge James B. Zagel of the Northern District of Illinois, the court which he now joins.

NAPABA applauds President Obama for this historic nomination, and thanks Senator Kirk for recommending Judge Shah. His confirmation today increases the number of active Asian Pacific American Article III judges to 23 nationwide: 4 federal appellate court judges and 19 federal district court judges. He is the third Asian Pacific American to be nominated and confirmed to the U.S. District Court for the Northern District of Illinois.

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