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AABANY Joins SABANY, KALAGNY, and FALA-New York in Calling for Increased Representation of Asian Americans and Pacific Islanders in Leadership Positions in the New York Judiciary

In February of this year, the Asian American Bar Association of New York (AABANY) released its report A Rising Tide of Hate and Violence against Asian Americans in New York During COVID-19: Impact, Causes, Solutions, co-authored with Paul, Weiss, detailing the surge of anti-Asian hate and violence as a result of the pandemic. The report advanced seven carefully-considered proposals for combating anti-Asian racism and discrimination, including, a call for “Greater Representation of Asians in Law Enforcement, Public Office, and the Courts.” Consistent with this proposal, AABANY joined in a statement with the South Asian Bar Association of New York (SABANY), Korean American Lawyers Association of Greater New York (KALAGNY), and the Filipino American Lawyers Association of New York (FALA-New York), calling on the New York State Unified Court System (UCS) to appoint Asian American Pacific Islander (“AAPI”) judges to fill the positions of Administrative Judge in the Civil Court of the City of New York, Administrative Judge of Supreme Court, Criminal Term in Bronx County, Administrative Judge of Supreme Court, Criminal Matters in Queens County, and Appellate Term, First Department.

As the accompanying press release for the joint statement issued on June 15 notes, “the lack of Asian representation on the bench is not a recent phenomenon.” As AABANY’s report explains, “Racism and bias fester where positions of power are held primarily by the white majority. Institutions that are meant to both represent and serve justice to the community will be more effective if they more closely reflect the composition of the community.” Efforts to increase diversity in the judiciary comprise first steps to ensuring the legal system can protect all Americans, regardless of racial identity.

Secretary Jeh Johnson elucidated in his October 1, 2020 Report from the Special Advisor on Equal Justice in the New York State Courts that “the overwhelming majority of the civil or criminal litigants in the Housing, Family, Civil and Criminal courts in New York City are people of color,” but “[b]oth the Minorities and Williams Commissions identified the lack of diversity among judges and non-judicial employees within the court system as a major issue affecting the administration of justice in the state.” Though these courts serve many litigants from communities of color, the bench does not reflect that diversity, with the overwhelming number of judges being male and white. Secretary Johnson concludes, “The sad picture that emerges is, in effect, a second-class system of justice for people of color in New York State.”

AABANY, through its joint statement with SABANY, KALAGNY, and FALA-New York, reaffirms its commitment to the fair administration of justice for all, calling for change to the longstanding under-representation of AAPI judges in New York State. Read more here.

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NAPABA Statement on President Biden’s Signing of the COVID-19 Hate Crimes Act

For Immediate Release:
Date: May 20, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON – Today, President Biden signed into the law the COVID-19 Hate Crimes Act introduced by Senator Mazie Hirono (D-HI) and Representative Grace Meng (D-NY) in the House. This legislation requires that the U.S. Department of Justice designate a point person whose sole responsibility is to facilitate the expedited review of hate crimes during the COVID-19 pandemic and to expand public education campaigns aimed at raising awareness of hate crimes.  The Justice Department shall also issue guidance on greater accessibility for online hate crimes reporting for victims in multiple languages and for those with disabilities.  The law also incorporates the Jabara-Heyer No HATE ACT Act which increases resources for training on identifying and classifying hate crimes.

“NAPABA thanks President Biden for signing into law the COVID-19 Hate Crimes Act, which answers the call for greater resources to improve education, training, reporting, and data collection on hate crimes in this country,” said NAPABA President A.B. Cruz III.  “This law is a strong step forward to stem the ongoing tide of anti-Asian hate, bias and violence.” 

The legislation also authorizes grants for states to create state-run hate crimes reporting hotlines and crime reduction programs to prevent, address, or respond to hate crimes. Finally, for individuals convicted of federal hate crime offenses and placed on supervised release, the bill allows a court to order that the individual participate in educational classes or community service directly related to the community harmed by the defendant’s offense, as a condition of supervised release.

In response to the surge in attacks against Asian Americans in the wake of the pandemic, NAPABA in partnership with the Asian & Pacific Islander American Health Forum (APIAHF) have produced a hate crimes reporting toolkit – translated into 25 languages and English – the single largest collection of such different AAPI-language materials assembled, that provides basic and critical information for victims, community based organizations, and community leaders. 

The COVID-19 Hate Crimes Bill was introduced by Senator Mazie Hirono (D-HI) in the Senate, and Representative Grace Meng (D-NY) in the House.  The Jabara-Heyer NO HATE Act was introduced by U.S. Senators Richard Blumenthal (D-CT) and Jerry Moran (R-KS) and U.S. Representatives Don Beyer (D-VA), Fred Upton (R-MI), Judy Chu (D-CA), and Vern Buchanan (R-FL).  NAPABA thanks them for their leadership.

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The National Asian Pacific American Bar Association (NAPABA) in the largest Asian Pacific American membership organization representing the interests of approximately 50,000 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.

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NAPABA Statement On House Passage of the COVID-19 Hate Crimes Act

For Immediate Release:
Date: May 18, 2021

Contact: Priya Purandare, Executive Director

WASHINGTON – Today, the House of Representatives, in an overwhelmingly 364-62 bipartisan vote, passed the Senate-approved version of the COVID-19 Hate Crimes Act introduced by Senator Mazie Hirono (D-HI) and Representative Grace Meng (D-NY) in the House. This legislation requires that the U.S. Department of Justice designate a point person whose sole responsibility is to facilitate the expedited review of hate crimes during the COVID-19 pandemic and incorporates the Jabara-Heyer No HATE ACT Act which increases resources for hate crimes reporting and assistance for victims of hate crimes.

“NAPABA applauds the House for swiftly passing the COVID-19 Hate Crimes Act, which is now headed to the President’s desk for signature,” said NAPABA President A.B. Cruz III.  “Importantly, this law will require the Departments of Justice and Health and Human Services to issue guidance aimed at raising awareness of hate crimes during the COVID-19 pandemic. Asian American communities have, unfortunately, been suffering at the intersection of these twin outbreaks for far too long now.”

The legislation also requires the Department of Justice to issue guidance on establishing online hate crimes and hate incident reporting in multiple languages, authorizes grants for states to create state-run hate crimes reporting hotlines and crime reduction programs to prevent, address, or respond to hate crimes. Finally, for individuals convicted of federal hate crime offenses and placed on supervised release, the bill allows a court to order that the individual participate in educational classes or community service directly related to the community harmed by the defendant’s offense, as a condition of supervised release.

In response to the surge in attacks against Asian Americans in the wake of the pandemic, NAPABA in partnership with the Asian & Pacific Islander American Health Forum (APIAHF) have produced a hate crimes reporting toolkit – translated into 25 languages and English – the single largest collection of such different AAPI-language materials assembled, that provides basic and critical information for victims, community based organizations, and community leaders.

The COVID-19 Hate Crimes Bill was introduced by Senator Mazie Hirono (D-HI) in the Senate, and Representative Grace Meng (D-NY) in the House.  The Jabara-Heyer NO HATE Act was introduced by U.S. Senators Richard Blumenthal (D-CT) and Jerry Moran (R-KS) and U.S. Representatives Don Beyer (D-VA), Fred Upton (R-MI), Judy Chu (D-CA), and Vern Buchanan (R-FL).  NAPABA thanks them for their leadership.

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The National Asian Pacific American Bar Association (NAPABA) in the largest Asian Pacific American membership organization representing the interests of approximately 50,000 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.

NAPABA | 1612 K St. NW, Suite 510 | Washington, DC 20006 | www.napaba.org

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PRESS RELEASE: THE ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK AND THE CHINESE CONSOLIDATED BENEVOLENT ASSOCIATION LAUNCH VIRTUAL COMMUNITY PRESENTATIONS & MONTHLY CLINIC

FOR IMMEDIATE RELEASE: March 31, 2021

Contact: Yang Chen, Executive Director

NEW YORK – March 31, 2021 – AABANY’s Pro Bono and Community Services Committee (“PBCS”) and the Chinese Consolidated Benevolent Association (“CCBA”) will launch monthly virtual community presentations and clinic sessions beginning April 2021. This is a joint project to serve members of the Asian Pacific American community who have limited English proficiency by providing free “Know Your Rights” presentations about various common legal issues in housing law, elder law, family law, immigration law, and employment law. Each month will focus on one specific area of law that affects the community, along with a Know Your Rights session on anti-Asian hate and harassment at every virtual presentation. We hope to raise awareness of anti-Asian violence, to inform our audience how to report a hate incident, and to provide helpful resources to victims of hate crime.

Click here to read the full press release.

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PRESS RELEASE: MENG AND HIRONO TO INTRODUCE LEGISLATION TO COMBAT SURGE OF ANTI-ASIAN HATE CRIMES

This press release has been issued by the Offices of Congresswoman Grace Meng and Senator Mazie Hirono.

For Immediate Release: March 11, 2021

Contacts: 

  • MENG: Mark Olson, 202-819-5580
  • HIRONO: Martha Spieker, 202-365-7943

Legislation comes as Asian Americans and Pacific Islanders experience wave of physical, verbal, and online attacks

WASHINGTON, D.C. – U.S. Rep. Grace Meng (NY-06), First Vice Chair of the Congressional Asian Pacific American Caucus (CAPAC), and U.S. Senator Mazie K. Hirono (D-HI), Executive Board Member of CAPAC, announced their plan to reintroduce the COVID-19 Hate Crimes Act, which seeks to address the ongoing hate and violence targeted toward Asian Americans and Pacific Islanders (AAPIs) by providing greater assistance with law enforcement response to COVID-19 hate crimes and creating a position at the Department of Justice to facilitate expedited review of such cases.

Specifically, the bill would:

  1. Designate an officer or employee of the Justice Department to facilitate expedited review of COVID-19 hate crimes reported to federal, state, and/or local law enforcement;
  2.  Issue guidance for state and local law enforcement agencies to:
    1. establish online reporting of hate crimes or incidents, and to have online reporting available in multiple languages;
    2.   expand culturally competent and linguistically appropriate public education campaigns, and collection of data and public reporting of hate crimes; and
  3.  Issue guidance describing best practices to mitigate racially discriminatory language in describing the COVID–19 pandemic, in coordination with the Secretary of Health and Human Services and the COVID–19 Health Equity Task Force and community-based organizations.

“The ongoing anti-Asian hate crimes and incidents, especially against our elderly Asian Americans, is absolutely horrific. I am honored to introduce the COVID-19 Hate Crimes Act with Senator Hirono to address this disgusting pattern of hate,” said Congresswoman Meng. “Before this pandemic started, I urged everyone—including elected officials—to not blame Asian Americans for the virus. My words were not heeded. The former president and his Congressional Republican enablers trafficked racist, bigoted terms to describe COVID-19. In doing so, their language stoked people’s fears and created an atmosphere of intolerance and violence, which persists even today. Since the beginning of the pandemic there has been nearly 3,000 reported incidents of physical, verbal, and online attacks against Asian Americans. Even in my own district in Queens, New York, Asian Americans have been attacked. To combat those acts, we need DOJ to prioritize addressing these heinous acts by designating a point person for these COVID-19 related hate crimes; make it easier for victims to report crimes committed against them; and expand public education campaigns to address COVID-19 hate crimes and incidents. This must end and it is why we are working to ensure our justice system has the people and resources to effectively account for and mitigate anti-Asian hate crimes. I look forward to this bill becoming law.”

“We’ve seen the horrifying consequences of racist language as AAPI communities across our country experience hate crimes and violence related to the pandemic,” said Senator Hirono. “The COVID-19 Hate Crimes Act addresses the surge in violence against AAPI communities by dedicating an official at the Department of Justice to expeditiously review hate crimes reported to law enforcement. The bill also provides resources for communities to come together and fight intolerance and hate. This is no less than victims deserve.”

“We are grateful for Senator Hirono and Representative Meng’s leadership in responding to the increased attacks on Asian Americans during the ongoing COVID-19 pandemic,” said John C. Yang, President and Executive Director of Asian Americans Advancing Justice | AAJC. “We need improvements in the reporting and handling of COVID-19-related hate crimes by law enforcement at the local, state, and federal levels, as well as making systems more accessible for people with limited proficiency in English. We appreciate the emphasis on linguistically appropriate and culturally competent engagement on data collection and reporting. Asian Americans Advancing Justice | AAJC is committed to countering hate in all its forms, and we will to continue to push for a comprehensive approach to documenting and addressing hate crimes and prioritizing health and safety for all.”

“NAPABA applauds Senator Hirono and Congresswoman Meng for their decisive action to introduce legislation responding to the rise in anti-Asian hate incidents during the COVID-19 pandemic,” said. A.B. Cruz, III, president of the National Asian Pacific American Bar Association (NAPABA). “NAPABA is committed to ensuring that hate crimes against the Asian American community are properly investigated and prosecuted. The expedited review of hate crimes reported to federal, state, and local law enforcement by the Department of Justice will increase accountability in addressing hate against our community, and establishing a platform for online reporting of hate crimes and incidents in multiple languages will allow more victims to come forward.”

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NAPABA Mourns the Passing of U.S. Supreme Court Justice Ruth Bader Ginsburg

For Immediate Release: September 21, 2020

Contact: Priya Purandare, Executive Director

WASHINGTON — The National Asian Pacific American Bar Association (NAPABA) joins the nation in mourning the passing of legal icon, U.S. Supreme Court Justice Ruth Bader Ginsburg. NAPABA extends its sincere condolences to the family of Justice Ruth Bader Ginsburg.

“Justice Ginsburg was a brilliant legal mind and a steadfast champion for equal rights throughout her career,” said Bonnie Lee Wolf, president of NAPABA. “The second woman to serve on the Court, Justice Ginsburg paved the way for the women of our generation. Despite graduating first in her class at Columbia Law School, she struggled to find employment. Her confirmation and tenure on the Supreme Court serve as an enduring inspiration and a reminder of the challenges that women face in society and the workplace. I am eternally grateful for her service to our nation. She fought to the very end, and we will honor her memory in doing the same—in our tireless pursuit for justice, equity, and opportunity for all.”

Justice Ginsburg served on the U.S. Supreme Court for 27 years and was appointed by President Bill Clinton in 1993. We will strive to honor Justice Ginsburg’s legacy in the next appointment.

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New York State Courts Press Release: Update on Virtual Courts

A week ago, there was a statewide rollout of virtual court operations via Skype and teleconferencing for essential and emergency proceedings amid the COVID-19 pandemic. On April 13, 2020, Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence K. Marks announced that this temporary “virtual court” model is being expanded beyond the limited category of essential and emergency matters.

Over the past two weeks, the New York State Courts’ trial court efforts have centered on arraignments, bail applications, orders of protection and other essential and emergency criminal, family and civil matters. Following a successful transition to a virtual court system for the handling of essential and emergency matters statewide, the court system is extending its focus to include pending tort, asbestos, commercial, matrimonial, trusts and estates, felony, family and other cases, which make up the vast bulk of trial court caseloads. The existing ban on the filing of new “non-essential” matters will remain in effect.

For more information, please visit: https://www.nycourts.gov/LegacyPDFS/press/PDFs/PR20_15virtualcourtstortsetc.pdf

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PRESS RELEASE: IN THE CONTINUING EFFORT TO PROMOTE DIVERSITY WITHIN THE LEGAL PROFESSION, THE ASIAN AMERICAN BAR ASSOCIATION OF NEW YORK CONGRATULATES THREE PARTICIPANTS OF ITS LEADERSHIP DEVELOPMENT PROGRAM WHO HAVE BEEN ELEVATED TO PARTNERSHIP AT TOP LAW FIRMS

NEW YORK — April 10, 2020. The Asian American Bar Association of New York (AABANY) congratulates Luna Ngan Barrington of Weil, Gotshal & Manges LLP on her elevation to partnership and Jeffrey Mok of Fish & Richardson P.C. on his elevation to principal, on January 1, 2020. Congratulations to Dohyun Kim of Skadden, Arps, Slate, Meagher & Flom LLP for her elevation to partnership on April 1, 2020.

These three AABANY members are all proud participants of AABANY’s Leadership Development Program (ALDP). Established in 2018, ALDP is a six-month long interactive leadership training course aimed at helping AABANY members who are senior attorneys at law firms and companies navigate the promotion process within their respective organizations. According to A Portrait of Asian Americans in the Law by Yale Law School and the National Asian Pacific American Bar Association, Asian Americans have a 3.65 ratio of associates to partners—significantly higher than the 1.01 ratio for Caucasians—and the highest ratio of any racial or ethnic group for more than a decade. Asian Americans also have the highest attrition rates at law firms. Although Asian Americans comprise 6.7% of all attorneys in the Vault/MCCA 2014 survey, they comprise 8.9% of attorneys who left their firms that year. ALDP addresses these issues of chronic Asian American underrepresentation at leadership levels through its law firm partnership track program, which is focused on cultivating a selected group of Asian Pacific American (APA) law firm associates on the partnership track. In 2019, ALDP expanded its program to include an in-house counsel track.  ALDP is unique in its small set of qualified participants and its focus on soft skills, accountability, and the AABANY community.  AABANY President Sapna Palla is a co-founder of ALDP.

Luna Barrington is a Partner in the Complex Commercial Litigation practice of Weil, Gotshal & Manges LLP. She represents clients in consumer class actions, antitrust litigation, commercial contract disputes and multi-district litigations, and has extensive experience taking cases from the pleading stage through to trial. Prior to joining Weil, Ms. Barrington served as a law clerk to the Honorable Richard M. Berman, United States District Court for the Southern District of New York. Ms. Barrington received her J.D. from the University of California, Hastings College of the Law, where she was a member of the Hastings Business Law Journal.

Jeffrey Mok, a Principal at Fish & Richardson P.C., focuses his practice on litigation and counseling for patent, trademark, copyright, and trade secrets. His work spans a variety of technical areas, including wireless communications, semiconductor technology, automotive technology, financial services, software, and medical devices. He has represented clients in federal courts across the country and before the U.S. International Trade Commission. He received his J.D. from New York University School of Law in 2012 and his B.S. in electrical engineering, with a minor in computer science, from Columbia University in 2007.

Dohyun Kim, a Partner at Skadden, Arps, Slate, Meagher & Flom LLP, focuses on mergers and acquisitions, corporate governance, private equity, securities and general corporate law matters. Ms. Kim regularly advises public and private companies in a variety of U.S. and cross-border corporate matters, including acquisitions and dispositions, investments, joint ventures, restructurings and financings. She has represented clients across a wide variety of industries, including consumer products, pharmaceuticals, cosmetics, technology and communications. Ms. Kim received her J.D. from the New York University School of Law, where she was the Senior Executive Editor for the New York University Law Review.

“AABANY congratulates Luna Barrington and Dohyun Kim on their elevation to partnership and Jeffrey Mok on his elevation to principal and recognizes them as outstanding participants in AABANY’s Leadership Development Program,” states AABANY President Sapna Palla. “A Portrait of Asian Americans in the Law tells us that although Asian Americans comprise 7.05% of all attorneys in the Vault/MCCA survey of 2015 data, they held only 2.09% of seats on executive management committees, 2.32% of seats on partner review committees, and 3.78% of seats on associate review committees. Furthermore, the 2016 Law Firm Diversity Benchmarking Report from the New York City Bar Association shows that Asian/Pacific Islander attorneys make up only 3% of all leadership positions within New York’s law firms. AABANY is committed to helping raise these numbers through ALDP. We are extremely grateful for the leadership and dedication of ALDP’s faculty members and organizers for making this innovative and impactful program possible. We especially thank and acknowledge our sponsors and our members for their support of ALDP’s mission to empower qualified senior attorneys in their respective firms and fields. We look forward to sharing more of ALDP’s continued success in the future.”

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New York State Courts Press Release: Virtual Courts Up and Running Statewide

The New York State court system continues to institute a variety of temporary emergency measures to deliver essential justice services during these extraordinary times, with Chief Judge Janet DiFiore and Chief Administrative Judge Lawrence K. Marks today reporting that virtual court operations−allowing essential and emergency court proceedings to be conducted remotely−are now in effect statewide. The “virtual court” model, which is being implemented on a temporary basis and was introduced in New York City’s Criminal Court and Family Court on March 25, 2020 and March 26, 2020, respectively, has been rapidly expanded in response to the fast- evolving nature of the COVID-19 pandemic.

For more information, please visit https://www.nycourts.gov/LegacyPDFS/press/PDFs/PR20_14virtualcourtsstatewide.pdf.

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In the News: TKC Reports on AABANY’s Upcoming Queens Pro Bono Clinic

The Korean Channel (TKC) News, New York and New Jersey’s Korean news channel, recently covered a press conference leading up to AABANY’s upcoming Pro Bono Clinic in Queens conducted in coordination with Sandra Ung, New York State Committeewoman. 

TKC News elaborated on how AABANY plans to provide free legal assistance to Asian-American community members who face significant language barriers and financial obstacles. The Queens Pro Bono Clinic will be held in Ms. Ung’s Flushing Office and will continue on a monthly basis until June. The upcoming March 17th Pro Bono Clinic will focus primarily on Housing Law, the April 15th Clinic on Immigration Law, the May 20th Clinic on Elder Law and Public Benefits, and the June 17th Clinic on Family/Matrimonial/Education Law. 

TKC News interviewed Ms. Ung who expressed her appreciation working with AABANY to provide free legal services through her office. Additionally, the channel expanded on the criminal defense experiences of Eugene Love Kim, a regular volunteer at AABANY’s Pro Bono Clinics, and touched on how his early life has spurred him to stand for his community. 

In an interview with TKC, Mr. Kim stressed that in times of increasing racial tensions because of the Coronavirus outbreak it is important for the members of the Asian-American community to stand in solidarity with one another. As someone who has had the privilege of becoming a lawyer, Mr. Kim believes that he and others like him have a responsibility to help all Asian Americans in need of legal services to provide a brighter future for later generations. The news coverage ends with a request for all viewers in need of services to call to make an appointment. 

Read more about the Queens Pro Bono Clinic in the press release.