NAPABA Condemns Passage of Bills That Would Reinstate the “China Initiative” and Plant the Seeds for a National Alien Land Law

For Immediate Release:
Date: September 12, 2024
Contact:
Rahat N. Babar, Deputy Executive Director

WASHINGTON – On September 11, 2024, the United States House of Representatives passed two bills that, if enacted, would racially profile members of the Asian American, Native Hawaiian, and Pacific Islander (AANHPI) community under the guise of national security. While policymakers have the prerogative to address the legitimate national security concerns confronting the United States, they may not enact discriminatory laws that target the AANHPI community. In no uncertain terms, the National Asian Pacific American Bar Association (NAPABA) condemns the actions of the House, which instill unwarranted fear and suspicion on individuals solely because of their national origin.
First, the House passed H.R. 1398, Protect America’s Innovation and Economic Security from CCP Act of 2024, a bill that would reinstate the disbanded and discredited China Initiative program within the U.S. Department of Justice. NAPABA has previously denounced the China Initiative, which created a chilling effect around scholars of Chinese ancestry and, at worst, countenanced impermissible racial profiling.

Second, the House passed H.R. 9456, Protecting American Agriculture from Foreign Adversaries Act of 2024, a bill that would require the Committee on Foreign Investment in the United States (CFIUS) to review any agricultural land purchases, regardless of size or scope, by any person from China, North Korea, Russia, or Iran, even if they are lawfully present in the United States, green card holders, have nothing to do with the regimes in these countries, or refugees fleeing persecution from those governments. By mandating such a referral to CFIUS, the bill would effectively designate any individual from those countries as a national security risk based solely on national origin.

NAPABA has long opposed legislation that discriminates based on national origin alone rather than on evidence of malign conduct and has worked with policymakers at all levels to avoid discriminatory policies. Such policies equate ordinary Chinese, Korean, Iranian, and other persons with governments, political parties, or state-owned enterprises even if they have no affiliation with such entities. While NAPABA recognizes the geopolitical tensions and competition with countries such as China, the passage of laws that restrict civil rights without an appropriate and legitimate, evidence-based nexus to national security creates an atmosphere of distrust that easily targets Asian Americans, not just those of Chinese descent.  As the political rhetoric rises in this election season, leaders must avoid actions that promote bigotry and racism against Asian Americans.

NAPABA objects to the passage of these bills and calls on the United States Senate to reject them.

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The National Asian Pacific American Bar Association (NAPABA) represents the interests of over 80,000 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 Asian American, Native Hawaiian, and Pacific Islander 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 | Written Testimony for the U.S. Commission on Civil Rights


For Immediate Release:
 
Date: April 13, 2023 
ContactPriya Purandare, Executive Director

WASHINGTON – Last week, NAPABA submitted written testimony for inclusion in the record before the U.S. Commission on Civil Rights (USCCR) in response to its briefing and inquiry on the Federal Government’s Response to Anti-Asian Racism in the United States. As a bar association, NAPABA recognizes that serving the immediate legal needs of hate crimes and hate incident victims addresses only one critical aspect of the problem and that our community cannot prosecute or litigate our way out of this latest wave of anti-Asian hate.

NAPABA’s testimony advocates for a multi-modal response, and has called for legislation to: 1) strengthen law enforcement’s ability to identify, document, and respond to hate crimes, including by fully implementing provisions of the COVID-19 Hate Crimes Act; 2) address the mental health crisis that has accompanied the surge in anti-Asian hate with culturally and linguistically appropriate resources; and 3) increase educational resources to combat harmful stereotypes in order to address root causes of anti-Asian sentiment.

Over three decades ago, in a report entitled, “Civil Rights Issues Facing Asian Americans in the 1990s,” the USCCR identified a range of contributory factors underlying anti-Asian bias, including: 1) the model minority myth that Asian Americans are successful and do not suffer the discrimination or disadvantages associated with other minority groups; 2) perpetual foreigner syndrome where Asian Americans—even those born and raised in the United States are viewed as non-Americans and foreign; 3) stereotyping Asian Americans as meek and lacking in communications skills; and 4) limited English proficiency (LEP) within the Asian American population. More than 30 years later, these factors continue to persist and several have been cited by NAPABA in its groundbreaking Portrait Project reports as leading barriers to advancement by APA attorneys in the legal profession. 

Given how little has changed just in the past 30 years, it is clear that for generations of AAPIs, these barriers are engrained and systemic and only a holistic, multi-pronged approach that includes raising visibility and belonging through education, providing culturally appropriate mental health resources, and increasing language access, in addition to supporting law enforcement, can address anti-Asian sentiment.  

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A Message from our Annual Dinner MC Kate Rigg: Come See disOrientalism part 3 at Joe’s Pub on Feb. 28

Kate Rigg, MC at AABANY’s Annual Dinner, invites everyone to see her latest show. Here’s her full message below:

The event disOrienatlism is coming back to Joe’s Pub at The Public Theater on Feb 28 at 7pm. We all need a boost and it is a great way to uplift our community, because supporting and uplifting Asian American writers and performers help us turn the tide of prejudice that has been eating away at us since the pandemic and before …

If you can’t come, consider buying a seat for a student or artist to support the show! You can email me the seat numbers and I will make sure someone very deserving gets them. But even better I would love to see you!

The show is disOrientalism part 3: Michelle Yeoh vs. Godzilla. It is an incredible night designed to amplify, connect and empower NYC’s best Asian American Artists in one electrifying night of music, comedy, spoken word, dance and variety. The show was created in response to the upswing in racism and xenophobia towards AAPI people during the pandemic. Hosted and curated by legendary American Asian comedian/activist Kate Rigg and former child star turned Broadway Actor and activist Olivia Oguma. #stopasianhate #aapi #asianamericanartist #hellokitty

All tickets only $25 ($20 after applying the discount code).

Use the friends of AABANY discount code “GODZILLA” and HIT THIS LINK.

Hope to see you there!

New York State Bar Association Task Force Releases Report on Racism, Social Equity, and the Law

In 2021 the New York State Bar Association (NYSBA) formed the Task Force on Racism, Social Equity, and the Law to examine how structural racism permeates and influences facets of daily life leading to injustice and inequality among New Yorkers. The Task Force included six subcommittees, Criminal Justice, Economic Opportunity, Education, Environmental Justice, Health, and Housing, and examined the key issues that cause structural racism to be entrenched and persistent. These subcommittees provided recommendations and action steps for NYSBA to take to address structural racism and effectuate meaningful societal transformation.

AABANY Member Nelson Mar served on the Task Force as co-chair of the Education Sub-Committee. Over a period of a year and a half, he helped identify and draft the issues and recommendations for the Education section of the Task Force report. We also thank and recognize past AABANY member Lillian Moy on her leadership as Co-Chair of this important NYSBA Task Force.

To read the full report, click here.

Thanks to NYSBA for issuing this report, and thanks to Nelson for his leadership on the educational issues addressed in it.

Student Outreach Committee, Pro Bono Committee & AABANY Volunteers Promote Pro Bono Legal Clinic, Know Your Rights Resources, and AABANY’s Legal Referral and Information Service in Asian and Asian American Communities

On Saturday, September 4, 2021, the Student Outreach Committee and the Pro Bono and Community Service (PBCS) Committee of the Asian American Bar Association of New York (AABANY) returned to Asian and Asian American communities across New York City to promote PBCS’s newly-back in person Pro Bono Clinic and AABANY’s COVID-19 Legal Know-Your-Rights Resources as well as AABANY’s Legal Referral and Information Service (LRIS). 

The Brooklyn Chinatown volunteers were led by May Wong, Judy Lee and Kwok Ng of the PBCS Committee, the Koreatown volunteers were led by Victor Roh and Will Lee, a key leader and organizer of last year’s event, and the Manhattan Chinatown volunteers were led by Nicholas Loh and Dianna Lam, another key leader and organizer of last year’s event.

This campaign built off the energy and momentum of the initial flyering campaign held last year over the July 4 holiday weekend, during the height of the COVID-19 Pandemic.  This year’s campaign saw the addition of another community, Brooklyn Chinatown, and included over 40 volunteers from AABANY and law schools across the Greater New York area.

The results were impressive. Over 1,000 flyers in Chinese, Korean and English were distributed to local small businesses promoting AABANY’s Pro Bono Clinic, Know-Your-Rights information, and the LRIS. Our student volunteers had meaningful opportunities to interact with small business owners who have been hit hard by a staggering two years of anti-Asian hate and violence, COVID-19 business disruptions, and the devastating impact on Asian businesses as a result of xenophobia and racism. 

This event would not have been possible without the co-sponsorship of AABANY’s Student Outreach Committee, AABANY’s Pro Bono and Community Service Committee, AABANY’s Young Lawyers Committee, Asian Americans for Equality, APALSAs from all across the Greater New York area and Mayer Brown.

Read more about AABANY’s PBCS Committee and Pro Bono Clinic, about AABANY’s LRIS service here, HEART here, and Know Your Rights info here. Thanks to all the organizers, co-sponsors, and — especially — all the student volunteers.

Historical Society of the New York Courts and the Asian American Judges Association of New York Sponsor a Panel about AAPIs in the Judiciary, May 20

On May 20, the Historical Society of the New York Courts, the Asian American Judges Association of New York, and Meyer Suozzi English & Klein P.C. co-sponsored a panel discussion on the role of Asian Americans in the federal and state judiciary. The panelists of the event were Hon. Pamela K. Chen, U.S. District Judge for the Eastern District of New York and AABANY member; Hon. Toko Serita, New York State Acting Supreme Court Justice, Presiding Judge of the Queens Human Trafficking Intervention Court, and AABANY member; and Hon. Anil C. Singh, Associate Justice of the Appellate Division, First Department. Hon. Lillian Wan, New York State Acting Supreme Court Justice and AABANY member, moderated the panel.

New York State Court of Appeals Chief Judge Janet DiFiore opened the event with a few remarks, thanking the panelists and acknowledging their trailblazing careers as Asian-Americans. Chief Judge DiFiore also emphasized the importance of remembering AAPI history and the United States’ legacy of racial exclusion against Asians. She then turned the program over to Judge Randall T. Eng. Judge Eng, Of Counsel at Meyer Suozzi and former Presiding Justice of the Appellate Division, Second Department, welcomed the attendees and shared his experiences as the first Asian American appointed to the bench in New York.

Judge Wan then introduced the panelists for the event, opening the discussion with a brief presentation on AAPI history from Hong Yen Chang and the Chinese Exclusion Act to the present day. After the presentation, each of the panelists introduced themselves and shared their backgrounds and paths to becoming judges. Judge Wan began the panel discussion, asking the panelists about their experiences as Asian Americans at the times of their confirmations. Many of the panelists recounted how there were very few, if not any, Asian American judges when they were appointed. Judge Chen recalled how her appointment was facilitated by Obama’s attempts to diversify the federal bench, while Judge Serita recounted her experiences as the first Japanese American appointed to her court.

Judge Wan moved on to the reasons behind the underrepresentation of AAPIs in the state and federal judiciary. All of the panelists cited lack of political engagement, the lack of a pipeline, and the general tendency of Asian lawyers to seek employment at corporate law firms. Judge Chen also brought up cultural barriers, touching on how Asians tend not to promote themselves and do not seek help even when needed.

Judge Wan shifted the topic to Asian stereotypes and its effects on day-to-day legal practice. The judges all expressed how Asians are frequently lumped together, being viewed as a monolithic group. Judge Serita pointed out that the term “Asian” itself perpetuates invisibility, as it smothers the diverse experiences that individuals of different Asian cultures experience. Judge Chen also mentioned how women of color tend to face more microaggressions than men of color.

Judge Wan then asked the panelists if they had experienced any incidents of anti-Asian assault during the COVID pandemic. Judge Serita shared that during the height of the pandemic, she would wear a hat and sunglasses on the subway in order to hide her Asian identity. She also mentioned how women make up 70% of bias incident victims due to being stereotyped as meek and docile. Judge Serita also emphasized the importance of continuing the conversations about Asians and race in light of the rise in anti-Asian incidents. Judge Chen also shared a story, where an Asian female jury member had to be excused from jury duty because she feared being assaulted on the subway commute to the courthouse.

Judge Wan then directed the conversation towards the role of diversity in the judiciary. All the judges emphasized the importance of having a judiciary that reflects the diversity of the people it serves. Judge Chen also cited Supreme Court Associate Justice Sonia Sotomayor’s dissenting opinion in the Schuette v. Coalition case, pointing out how race does matter in the judiciary due to the long history of minorities being excluded in the United States.

Judge Wan then asked the panelists their thoughts on building a pipeline for Asians to enter the judiciary. All the judges expressed how important it was to reach out to the community to inspire young people to consider a public service career. Judge Chen identified a number of internships and programs for students aspiring to become judges while also noting how increasing Asian political representation in federal and state positions would afford aspiring AAPI lawyers the support needed to get through the confirmation process. Judge Chen also mentioned the role of bar associations like AABANY and the South Asian Bar Association of New York in sponsoring candidates for the bench. Judge Serita finished by encouraging young lawyers to be more proactive and to overcome Asian cultural humility.

Judge Wan moved to the topic of judicial screening panels, asking the judges their thoughts on the role of diversity on the panels. All the judges agreed on the vital role of diversity on screening panels. Judge Serita recounted one instance where an Asian woman being reviewed by the New York State Association of Criminal Defense Attorneys was given a low qualification score, due, in part, to the fact that only one out of the 30 committee members was Asian.

To close the panel, Judge Wan asked the judges if they had any advice to give to young attorneys aspiring to the bench. Judge Chen and Judge Serita both encouraged the attendees to enjoy their work, be passionate about it, but also, to not plan their careers rigidly around becoming a judge. All the judges also expressed the importance of flexibility and of keeping options open.

At the end of the event, Judge Eng shared photographs and a newspaper clipping documenting his long and distinguished career in the judiciary. Judge Wan then thanked the panelists for their time and the attendees for coming to the event.

To watch the full event, click here.

AABANY AAVTF Hosts a Community Workshop on “Self-Defense and Defense of Others” on June 30th

On June 30th, the Asian American Bar Association of New York’s (AABANY) Anti-Asian Violence Task Force (AAVTF) hosted a community workshop on self-defense and defense of others. The speakers were Nassau County Assistant District Attorney and Prosecutors Committee Co-Chair Joseb Gim and St. John’s University Law School Professor and Academic Committee Co-Chair Elaine Chiu. The presentation was moderated by Eugene Love Kim, Legal Aid Society attorney and Vice-Chair of AABANY’s Pro Bono and Community Service Committee, and was translated into Cantonese and Mandarin by Kwok Ng, law clerk at the New York State Supreme Court and PBCS Committee Co-Chair, and Ye Qing, attorney at Morvillo Abramovitz, respectively. 

In light of the recent surge in anti-Asian violence and bias incidents, the presentation focused on the legal consequences that New York Penal Law has for self-defense. ADA Gim gave a summary of the laws and listed the various weapons that qualify as “deadly physical force” under New York Penal Law. These weapons include, but are not limited to, pepper spray, collapsible batons, and electric stun guns. ADA Gim also pointed out that, in exercising self-defense, unless a “reasonable person” would have made the same decision to defend themselves in your situation, using regular physical force or deadly physical force to defend yourself may lead to you being charged with  a criminal offense. Prof. Chiu briefly described the possibility of also being sued in a civil lawsuit but noted that using violence within the bounds of the New York Penal Law would prevent a judgment against you. 

At the end of the presentation, ADA Gim talked about more practical, immediate implications of the laws on self-defense and defense of others. He emphasized that, oftentimes, choosing to defend yourself will result in both you and the attacker being taken into police custody from the scene for further investigation and possible prosecution. He then discussed the importance of concrete evidence, 911 calls, recordings, and eyewitness testimony in corroborating your testimony. Both ADA Gim and Prof. Chiu also noted that individuals, before defending themselves, have a duty to flee dangerous situations unless they are attacked in their own homes. After the presentation, the discussion was opened to questions from the attendees.

AABANY thanks the members of the AAVTF for organizing the community workshop and for their service to the AAPI community of the greater New York metro area. To view the recording of the event, click here. To learn more about and to help fund the AAVTF’s initiatives, click here.

AABANY AAVTF Holds a Briefing on Anti-Asian Violence on May 25

On May 25, the Asian American Bar Association of New York’s Anti-Asian Violence Task Force (AAVTF) hosted an information briefing about the AAVTF’s activities and about the rise in anti-Asian violence during the COVID-19 pandemic. The speakers for the event were AABANY President Terry Shen; Board Director, Issues Committee Co-Chair and Asia Practice Committee Co-Chair Chris Kwok; Board Director and past Pro Bono & Community Service (PBCS) Committee Co-Chair Karen Yau; PBCS Committee Co-Chair Karen King; Prosecutors’ Committee Co-Chair Joseb Gim; and Executive Director Yang Chen.

Chris and President Shen gave the opening remarks, introducing the event, and thanking all the attendees for coming.

After these remarks, Chris began the presentation, explaining how the publicity about anti-Asian violence generated in mainstream media has suddenly catapulted Asian American and Pacific Islanders (AAPIs) into the public consciousness. Unlike before, Asians are now viewed as a group that experiences discrimination and violence, just like any other minority. Chris explained that these realizations politically empower AAPIs to make change in the political system as Asians become more aware about race and the ways in which it affects them. The AAPI identity has also been recreated through artwork, publications, and other initiatives. Asian non-profits have also begun receiving a large influx of donations that have great potential to aid the AAPI community. Chris also discussed the history of AABANY’s report and how Trump’s inflammatory rhetoric about the virus incited a wave of anti-Asian hate and violence during early 2020. These events culminated in the report’s publication in February 2021. Karen then discussed the report’s publication process which involved the feedback and support of bar associations, law firms and other organizations. The subsequent publicity generated by the report was cemented by the anti-Asian shootings in Atlanta. Ever since, Karen explained, AABANY has frequently been requested to speak at numerous events and on many media outlets. Many initiatives proposed by the report have also since been implemented.

Yang then went on to discuss the genesis of the AAVTF, made up of members of the Academic Committee, Issues Committee, Legal Referral and Information Services (LRIS) Committee, PBCS Committee, Prosecutors Committee, and Student Outreach Committee as well as Immediate Past President Sapna Palla, President Shen, and President-Elect Will Ng. Yang also explained how the AAVTF was founded to realize the goals outlined in the report, focusing on three prongs of action: education/communication, research, and advocacy. Ever since, the AAVTF has pressed for hate crime prosecutions in DA Offices, published Know Your Rights Brochures for community members on what to do if they face an anti-Asian bias incident or hate crime, organized speaking engagements, begun data tracking for incidents, formed the Hate Eradication Active Response Team (HEART), and much more to raise awareness and combat anti-Asian violence.

Joe Gim, prosecutor and the Chief of the new Hate Crimes Bureau at the Nassau County DA Office next discussed the role of the Prosecutors’ Committee in the AAVTF, which was primarily to shed light on criminal statutes and on the gaps between law enforcement’s understanding and implementation of these statutes. This information, Joe explained, is used to strengthen AABANY’s initiatives and advocacy efforts.

Chris affirmed this statement, reiterating his thanks to the AAVTF and the indispensable support it provides in leading the conversation about anti-Asian violence. Chris also pointed out that any movements that fight back against hate, regardless of which group is targeted, are fighting against a common enemy of structural racism.

Yang and Karen Yau went on to promote the Turning the Tide (T3) Project, which is hosted at the Asian American Law Fund of New York (AALFNY) to raise money for the AAVTF’s initiatives, research, and advocacy combating anti-Asian hate and violence. Karen King also gave a special shoutout to the HEART initiative, encouraging the attendees to volunteer their time to help connect victims of anti-Asian violence with legal aid and other resources. She also encouraged attendees to involve their law firms as sponsors for projects and events.

Chris then closed the presentation by pointing out how the police’s lackluster response to hate crimes is in part due to the historical invisibility of the AAPI community. He also explained how this invisibility has its roots in the 1853 People v. Hall case where George Hall, a white man, was convicted but then released after murdering a Chinese miner. Chris explained how Hall appealed his release on the basis of a California statute which prevented people of color from testifying against whites. Chris also emphasized that supporting the Black Lives Matter movement does not detract from support for the AAPI cause. To illustrate the importance of building a multi-racial coalition, Chris recounted an interview he had with the celebrated documentary director Spike Lee for his film about New York City and race that will be released in September 2021. Lee explained that he had chosen to interview Chris because “people were asking where the Asians were. And I listened.”

After the presentations, the discussion was opened to the attendees for a question and answer session. 

Karen Lin, PBCS Committee Co-Chair asked whether or not AABANY would advocate for including AAPI history in the public school curriculum. Yang answered by reiterating AABANY’s support of any educational initiatives, pointing to AABANY’s trial reenactments project as an example. 

AABANY member Jennifer Luo then pointed the discussion towards the lack of successful hate crime prosecutions. Joe explained that law enforcement currently lacks sufficient resources and infrastructure to investigate hate crimes. As hate crimes are unique in that the prosecutor must prove that the perpetrator was motivated to commit the crime due to racial bias, this process requires more investigation and information which the police currently lacks. To address this issue, Joe also proposed creating a database of hate crimes and bias incidents that would allow law enforcement to easily access information and also to enable community members to report incidents more efficiently. He also mentioned the newly minted COVID-19 Hate Crimes Act, which would allocate funding towards combating hate crimes. Chris also added that AABANY is planning a Candidates’ Forum that would give AABANY and its members an opportunity to ask about measures being considered to protect the AAPI community from violence. 

David Ahn then asked about AABANY’s plans to monitor hate crimes going forward. Chris answered by citing AABANY’s involvement in a case in Flushing, Queens where the perpetrator, despite revealing his racist sentiments in a text sent to the New York Times, was not charged with a hate crime. After AABANY’s advocacy in the DA’s Office, the perpetrator was charged with a hate crime. Chris also added that, though not every case would lead to a hate crime enhancement, AABANY is continuing to monitor the news and other outlets for advocacy opportunities. Yang also explained that the HEART initiative would help AABANY keep track of the incidents, connect with the community, and improve AABANY’s advocacy efforts. Karen Yau also pointed out that there are other alternatives to criminal prosecutions that victims would be able to pursue if they wished.

Chris then shared his own experiences with anti-Asian violence growing up, recounting a story where his friends were assaulted by a white supremacist gang while exiting a movie theater in Queens. He also described his efforts to reconnect with them hoping to preserve their stories and voices as a part of the history of anti-Asian violence.

AABANY Treasurer William Hao also discussed his own involvement in the aftermath of the Atlanta shootings while on a call with former U.S. Attorney Byung J. (“BJay”) Pak, the FBI, and local law enforcement. Will shared that even though the media had severely twisted the narrative by promoting the perpetrator’s claim that he had not been motivated by racism, the call served to give Asians a voice in revealing the truth of the events and reshaping the story. Will concluded by emphasizing the importance of AAPI representation in government and law enforcement.

Marilyn Go (USMJ EDNY, ret’d) then asked about AABANY’s ability to speak out during majority political forums. Chris answered by pointing out the difficulty of entering majority forums, but also noted that events recorded on Zoom would allow AABANY to hold candidates accountable for their words. Yang also referenced the City Council District One Candidates’ Forum which did take questions from AABANY regarding the NYPD Hate Crimes Task Force. Jennifer then asked about the possibility of keeping a record of candidates’ responses regarding issues of anti-Asian violence. Chris responded that AABANY’s future plans to hold a Manhattan DA Candidates’ forum would allow AABANY to record responses from the candidates on that issue.

AABANY thanks all of the attendees for their time and their commitment to serving the AAPI community. To view the recording of the event, click here.

NAPABA Hosts Part 2 of its Summer Judicial Series, “APA Judges on the Federal Bench”

On May 7, AABANY co-sponsored a panel of Asian Pacific American judges as part two of NAPABA’s Summer Judicial Series. The event was hosted by the Georgia Asian Pacific American Bar Association (GAPABA) and the National Asian Pacific American Bar Association (NAPABA). In addition to AABANY, the event was co-sponsored by the Asian Pacific American Bar Association of the Greater Washington, D.C. Area (APABA-DC), the Asian Pacific American Bar Association Educational Fund (AEF), the National Asian Pacific American Law Student Association (NAPALSA), the South Asian Bar Association of North America (SABA), and the South Asian Bar Association of Georgia (SABA-GA).

In honor of Asian Pacific Islander Heritage Month as well as to encourage the growing number of young Asian American lawyers aspiring to the bench, GAPABA and NAPABA organized the panel to share the stories and careers of trailblazing APA judges. The panelists were AABANY member Hon. Denny Chin, of the U.S. Court of Appeals for the Second Circuit, Hon. James C. Ho of the U.S. Court of Appeals for the Fifth Circuit, Hon. Sri Srinivasan, Chief Judge of the U.S. Court of Appeals District of Columbia Circuit, Hon. Jennifer Choe-Groves of the U.S. Court of International Trade, Hon. Theodore D. Chuang, of the U.S. District Court for the District of Maryland, and Hon. Lucy H. Koh, of the U.S. District Court for the Northern District of California.

The panel was moderated by GAPABA Board Member Michael C. Wu and Byung Jin (BJay) Pak, Partner at Alston & Bird. GAPABA President and Of Counsel at Bryan Cave Leighton Paisner Angela Hsu, GAPABA President-Elect and Associate General Counsel at Delta Air Lines Timothy Wang, and GAPABA Communications Co-Chair and Law Clerk for the U.S. District Court for the Western District of Texas Prathyusha Chenji were also in attendance.

Michael and BJay posed several questions to the panelists regarding their backgrounds and experience on the bench. All of the panelists expressed how their upbringing in the U.S. made them keenly aware of their “otherness” and in some cases, motivated them towards public service. Judge Chin (a former AABANY President, 1992-93) shared his background as an immigrant from Hong Kong and his experience growing up in New York City. Judge Chin also noted that, as one of the few Asians in his school and at his work, he was constantly under scrutiny and pressure to perform well. “I felt like Yao Ming,” he stated. Several panelists also reported that they still faced microaggressions in their professional lives, despite their position as judges.

When asked about their career paths and perspectives on diversity on the bench, all of the panelists described varied experiences in private practice, the legislative branch, and executive branch of the government before becoming a federal judge. Many of the panelists also expressed how diversity in the federal government could only lead to better and more informed decisions on behalf of the American people. Many of the panelists also shared their own stories about how they were inspired and encouraged by seeing diverse individuals serving in government and in public positions. All of the judges expressed how the justice system in America ought to be color blind and that all individuals should have the right to a fair trial regardless of their background. Judge Chin also discussed the importance of community and unity despite having diverse perspectives. When asked to respond to Supreme Court Justices Neil M. Gorsuch and Sonia Sotomayor’s discussion on the threat of disunity to national security, Judge Chin concurred, pointing out how even after President Biden’s election, Americans have yet to listen to each other without politicizing every single issue.

The moderators then closed the panel with several questions about advice any of the judges might have for young attorneys, law clerks, and others aspiring to become judges themselves. The panelists expressed how being a judge begins with being a good attorney. All of the judges emphasized the importance of relationships and teamwork, of maintaining a good reputation, and of being respectful and professional to all.

AABANY thanks NAPABA for hosting this series and also thanks the justices for their trailblazing example to the APA community. To watch a recording of the event, click here.

In the News: Executive Director Yang Chen and Board Director Chris Kwok Featured in The Spectator

AABANY Executive Director Yang Chen and Board Director Chris Kwok were recently mentioned in the April 28, 2021 edition of The Spectator, the Stuyvesant High School newspaper, in an article titled “Alumni Association Hosts Community Discussion on Anti-Asian Violence.” Both alumni of the school, Chris (’92) served as the moderator and Yang (’83) was one of the speakers in the April 15 community discussion. Other panelists included Joanne Kwong (’93), President of Pearl River Mart; Soo Kim (’93), President of the Stuyvesant High School Alumni Association; U.S. Representative Grace Meng (’93); Seung Yu, Principal of Stuyvesant High School; and current Stuyvesant juniors Christopher Liu, Xiaoshen Ma, Laura Xia, and Alice Zhu. During the discussion, panelists shared with over 200 attendees their personal experiences with race and their opinions on the recent increase of hate crimes and racism against the Asian American and Pacific Islander (AAPI) community.

Yang presented the findings and solutions outlined in AABANY’s report on anti-Asian violence and spoke about how AABANY is supporting the AAPI community. He stated: “One thing we’re pushing hard on is to make sure the NYPD Asian Hate Crimes task force is being fully funded. We’re very much supportive of any effort by law enforcement to bring attention to this issue and we’re trying to put as much word out as possible especially to the Mayor’s office. Mayor de Blasio denounced Asian-American violence a year ago but we’re still waiting for someone who is arrested for the crime to actually face criminal sanctions for it.”

To read the full coverage of the program on The Spectator, click here.