In the News: The Hon. Denny Chin Inducted as the First Lawrence W. Pierce Distinguished Jurist in Residence

On September 14th, The New York Law Journal reported that Judge Denny Chin of the US Court of Appeals for the Second Circuit (and past AABANY President, 1992-93) became Fordham Law’s first ever Lawrence W. Pierce Distinguished Jurist in Residence. This distinction allows Judge Chin to continue his role as a Judge while devoting more of his time to teaching and building connections with the law students at Fordham. Judge Chin is especially excited to teach classes that deal with Asian Americans and the law saying the topic is “dear to my heart.” 

To read the full article, click here (subscription required).

US Court of Appeals for the Second Circuit Promotes Pro Bono Panel

United States Court of Appeals
for the Second Circuit
Thurgood Marshall United States Courthouse
40 Foley Square
New York, New York 10007

Debra Ann Livingston, Chief Judge
Catherine O’Hagan Wolfe, Clerk of Court

June 14, 2021
For Immediate Release

The Criminal Justice Act/Pro Bono Committee is accepting applications for the Second Circuit’s Pro Bono Panel. The deadline to be considered for appointment in 2021 is July 30, 2021. The Court will continue to accept applications year-round, but applications received after July 30, 2021, will not be considered for appointment until 2022.

Pro Bono Panel members will, at the Court’s invitation or on a litigant’s motion for appointment of counsel, represent pro se litigants in civil appeals that present issues of first impression, complex issues of law or fact, or potentially meritorious claims warranting further briefing and oral argument. Pro bono representation will be provided to litigants who would otherwise be unable to pay for counsel and are ineligible for the appointment of counsel pursuant to the Criminal Justice Act.

Cases in which pro bono counsel will be appointed cover a broad range of legal issues, including prisoner civil rights, labor and employment, discrimination, social security, immigration, and tax law.

Applicants must be admitted to and members in good standing of the Bar of the Second Circuit or have an admission application pending before this Court, and have at least three years of appellate litigation experience. Pro Bono Panel members will serve for a three-year term.

Pro Bono Panel members who were appointed by the Court in 2018 for a three-year term must submit a new application if they wish to remain on the Panel.

An application package containing a resume, a written application (available on the Court’s website at http://www.ca2.uscourts.gov) and three writing samples, preferably appellate briefs on which the applicant was the primary author, must be submitted via email to sao_applications@ca2.uscourts.gov by July 30, 2021 for consideration in 2021.

Second Circuit Pro Bono Panel Announcement

The Criminal Justice Act/Pro Bono Committee is accepting applications for the Second Circuit’s Pro Bono Panel. The deadline to be considered for appointment in 2020 is April 30, 2020.

Pro Bono Panel members will, at the Court’s invitation or on a litigant’s motion for appointment of counsel, represent pro se litigants in civil appeals that present issues of first impression, complex issues of law or fact, or potentially meritorious claims warranting further briefing and oral argument. Pro bono representation will be provided to litigants who would otherwise be unable to pay for counsel and are ineligible for the appointment of counsel pursuant to the Criminal Justice Act.

Cases in which pro bono counsel will be appointed cover a broad range of legal issues, including prisoner civil rights, labor and employment, discrimination, social security, immigration, and tax law.

Applicants must be admitted to and members in good standing of the Bar of the Second Circuit or have an admission application pending before this Court, and have at least three years of appellate litigation experience. Pro Bono Panel members will serve for a three-year term.

Pro Bono Panel members who were appointed by the Court in 2017 for a three-year term must submit a new application if they wish to remain on the Panel.

An application package must contain a resume, a written application (available on the Court’s website at http://www.ca2.uscourts.gov) and three writing samples, preferably appellate briefs on which the applicant was the primary author. These materials must be submitted to David Bober, Director of Legal Affairs, United States Court of Appeals for the Second Circuit, 40 Foley Square, New York, NY 10007, by April 30, 2020.

The Plan for the Appointment of Pro Bono Counsel and the application form are available click here.  

AABANY Presents Robe to Hon. Michael H. Park

AABANY presented Hon. Michael H. Park with a robe on Thursday, July 25, at his chambers, at the Thurgood Marshall Courthouse.  President Brian Song, joined by Judiciary Committee Co-Chairs Will Wang and Rena Malik, were on hand for the presentation.

On July 11th, AABANY co-sponsored the robing ceremony for the Hon. Michael H. Park with KAAGNY and KALAGNY at the Museum of Korean American Heritage. Click here for more details and photos. AABANY congratulates Judge Park again on his historic appointment to the Second Circuit Court of Appeals.  

Robing Ceremony for the Hon. Michael H. Park

On July 11th, at the Museum of Korean American Heritage, AABANY, along with KAAGNY and KALAGNY, co-sponsored the robing ceremony for the Hon. Michael H. Park, United States Circuit Judge for the United States Court of Appeals for the Second Circuit. The event was held to commemorate and celebrate Judge Park as the first Korean American to serve on the Second Circuit.

The program kicked off with a spirited rendition of the Star Spangled Banner. Then, Charles Yoon, President of KAAGNY, delivered opening remarks from the podium noting the historic nature of this event in Korean American history. The venue was especially fitting for the ceremony as many momentous Korean American milestones were printed on the walls—from honoring the first Korean naturalized citizen of the United States, Philip Jaisohn, to remembering the Korean comfort women. 

KALAGNY President Gene Kang then delivered heartfelt comments on the necessity of diversity on the judicial bench and how far Korean Americans have advanced in the legal profession starting out with humble origins from “a small Asian peninsula.” Next, Michael Kim, a Partner at Kirkland & Ellis and Yale Law School classmate of the Hon. Michael Park, shared a memory from when he was still in law school and Judge Park belted out an NSYNC song at Karaoke—true to Korean fashion. Kim commented that if Judge Park had decided to stay in Korea, he might be introducing a K-pop star instead of a Second Circuit Judge. Finally, the Hon. Denny Chin, the first Asian American United States Second Circuit Judge for the United States Court of Appeals, administered the oath of office to the Hon. Michael Park. Sarah Seo, Judge Park’s wife, robed him. KALAGNY generously provided the new robe for Judge Park.

After the robing ceremony, Judge Park took the stage to thank attendees and organizations such as AABANY, KALAGNY, and KAAGNY for their support. He especially thanked those who had come before him, such as the Hon. Denny Chin, in paving a path for more Asian American judges, like him, to follow. In closing, AABANY President Brian Song cited AABANY’s mission statement and shared hopes that one day, a robing ceremony for an APA judge might not appear so remarkable as many more APA judges are elevated to the bench in the future, to more accurately reflect the diversity of America.

AABANY congratulates the Hon. Michael H. Park and warmly thanks all attendees for joining us in celebrating the historic event. 

Second Circuit Accepting Application for Pro Bono Appellate Mediator Panel

The United States Court of Appeals for the Second Circuit is accepting applications for the Court’s Pro Bono Appellate Mediator Panel. The Pro Bono Appellate Mediator Panel is authorized by Local Rule 33.1, and is governed by the Second Circuit’s Pro Bono Appellate Mediator Panel Plan. Members of the Pro Bono Appellate Mediator Panel serve as volunteer mediators for counseled, civil appeals.

All applicants must be attorneys admitted to, and in good standing with, the Bar of the Second Circuit or the bar of a state within the Second Circuit. Applicants must have 10 years of legal experience and substantial mediation experience.

As explained in the Pro Bono Appellate Mediator Plan, the Panel’s size is limited; therefore, the Court cannot appoint every qualified applicant. Membership will be on a three-year rotational basis, subject to a limit of two consecutive terms.

To apply, please submit a cover letter, resume, and this application to the Director of the Office of Legal Affairs and the Chief Circuit Mediator via email to volunteer_mediation@ca2.uscourts.gov. Applications must be received by May 1, 2019. Please use the subject line: Appellate Mediator Panel.

The United States Court of Appeals for the Second Circuit is accepting applications for service on the Court’s Criminal Justice Act Panel

The Criminal Justice Act Committee of the United States Court of Appeals for the Second Circuit is accepting applications for service on the Court’s Criminal Justice Act Panel. Criminal Justice Act Panel Members represent indigent criminal defendants and petitioners for habeas corpus.

The deadline for applications is 5:00 p.m. on Monday, April 8, 2019.

To see the full announcement and learn more, click here.

For the application form, click here.

NAPABA Congratulates APA Nominees to the Second and Ninth Circuits

On Wednesday, President Trump announced his intent to nominate three Asian Pacific Americans to serve on the U.S. Courts of Appeals. Michael H. Park was nominated to serve as a judge on the Second Circuit. Patrick J. Bumatay and Kenneth K. Lee were nominated to serve as judges on the Ninth Circuit. If they are confirmed, the number of active Asian Pacific American federal appellate court judges would increase to a historic ten. Six Asian Pacific Americans have been nominated to the U.S. Court of Appeals this year, which is the highest number to ever have been nominated to federal appellate courts during a single presidential term. This is also the first time that three Asian Pacific Americans have been nominated to federal appellate court judgeships in a single day.

Michael H. Park is a partner at Consovoy McCarthy Park, where he focuses on litigation and securities enforcement. He has experience in both private practice and government, including in the Office of Legal Counsel at the Department of Justice. He clerked for then-Judge Samuel Alito on the U.S. Court of Appeals for the Third Circuit, and later clerked for Justice Alito on the Supreme Court of the United States. He is a graduate of Princeton University and Yale Law School. If confirmed, Park would be the second Asian Pacific American to serve on the Second Circuit.

Patrick J. Bumatay is an Assistant United States Attorney in the U.S. Attorney’s Office for the Southern District of California. He is currently on detail to the Office of the Attorney General in the Department of Justice. Bumatay has held numerous positions in public service throughout the Department of Justice. He clerked for Judge Timothy M. Tymkovich of the U.S. Court of Appeals for the Tenth Circuit and Judge Sandra L. Townes of the U.S. District Court for the Eastern District of New York. He is a graduate of Yale University and Harvard Law School. He is an active member of NAPABA, its affiliated bar—the National Filipino American Lawyers Association—and the Tom Homann LGBT Law Association. If confirmed, Bumatay would be the first Filipino American to serve as an Article III federal appellate judge.

Kenneth Kiyul Lee is a partner at Jenner & Block LLP, where his practice focuses on internal investigations and appellate litigation before multiple U.S. Courts of Appeals. He is also member of the firm’s Diversity & Inclusion Committee and maintains a robust pro bono practice. Lee has worked in private practice and as Associate Counsel to President George W. Bush. He clerked for Judge Emilio M. Garza of the U.S. Court of Appeals for the Fifth Circuit. He is a graduate of Cornell University and Harvard Law School. If confirmed, Lee would join Judge Jacqueline Nguyen, the only other active Asian Pacific American judge on the Ninth Circuit.

NAPABA Inspirational Video Series | Judge Denny Chin

How did the son of a garment factory seamstress and Chinese restaurant cook come to sit in chambers once occupied by Justice Thurgood Marshall?

The December edition of the NAPABA Inspirational Video Series showcases Judge Denny Chin and his path to the United States Court of Appeals for the Second Circuit. Judge Chin leads you on a journey from his immigration to the U.S. from Hong Kong at the age of two to his first law school internship with the Southern District of New York where he realized—almost immediately—that he wanted to become a judge.

Be sure to discuss and share Judge Chin’s story on Twitter, Facebook, and Instagram using the hashtag, #NAPABAInspirationalSeries.

About Judge Chin
Judge Denny Chin is a United States Circuit Judge for the U.S. Court of Appeals for the Second Circuit. He was sworn in on April 26, 2010. He had previously served, from Sept. 13, 1994, through April 23, 2010, as a U.S. District Judge for the Southern District of New York.

In the District Court, Judge Chin presided over a number of important matters, including cases involving Megan’s Law, the Million Youth March, Al Franken’s use of the phrase “Fair and Balanced” in the title of a book, the Naked Cowboy, and the Google Books project. He also presided over two criminal trials arising out of the United Nations Oil for Food Program, as well as the trial of an Afghan warlord charged with conspiring to import heroin, and the guilty plea and sentencing of financier Bernard L. Madoff.

In the Circuit Court, Judge Chin has authored opinions or dissents in cases involving the enforceability of arbitration clauses in on-line agreements, the General Motors bankruptcy, environmental regulations governing the discharge of ballast water from ships, the constitutionality of the government’s seizure and retention of computer hard drives, barriers to access for voters with disabilities, and the streaming of copyrighted television broadcasts over the Internet.