Crossing a Cultural Gulf

P1 CROSSING A CULTURAL GULF CROSSING A CULTURAL GULF Helping Vietnamese American Helping Vietnamese American Fishermen Navigate Legal Waters by Erik Cummins and Heidi Machen Fishermen Navigate Legal Waters by Erik Cummins and Heidi Machen

P2 PRESIDENT’S MESSAGE

P4 LEADERSHIP CORNER KAREN K. NARASAKI: A GIANT WHO VABANC Volunteers were presented with special commendations from Louisiana Congressman Anh Cao on Day 2 at the WILL LEAVE BIG SHOES TO FILL Clinic site, New Orleans, Louisiana. Pictured from left to right:Peter Ton, Nhung Le, Mai Phan, Congressman Cao, Thuy by John C. Yang, Nancy P. Lee, and Paul Nguyen, Ann Nguyen, Cat Le, Sang Nguyen, An Nguyen, and May Nguyen. W. Lee Mai Phan’s call to fellow lawyer Ann N. Nguyen, Louisiana Legal Services. Five years later and after P6 urging her to enlist in yet another volunteer project, another devastating disaster, Phan realized the was nothing new. Over the years, the two had lessons she had learned from Katrina were directly OBSTRUCTION OF JUSTICE volunteered in various capacities with The Bar transferable to the problems stemming from the Making the Case for Language Access Association of San Francisco’s diversity programs Deepwater Horizon oil spill. For one, it affected and Volunteer Legal Services Program and with the many of the same Vietnamese fi shermen—this in the Courts Vietnamese American Bar Association of Northern time by making huge swaths of the Gulf off limits to by Azizah Ahmad California (VABANC). This time, however, their fi shing and potentially destroying their livelihoods. efforts would extend beyond the Bay Area. Their Once again, she and her fellow volunteers needed P7 shared mission: to help Vietnamese fi shermen to remove barriers to legal resources and provide access legal resources in the aftermath of BP’s information in the disaster victims’ own language. VETERANS DAY MESSAGE devastating oil spill in the Gulf of Mexico. Although she readily admits she gets sick on That uniquely personal mission sent them to boats and is allergic to seafood, Nguyen’s family P8 the bayou country of Louisiana, Alabama, and ties to the people whom she helped in the Gulf Mississippi in June [2010], where they staffed in June 2010 stretch back to a long heritage A PRIMER ON FEDERAL three free legal education clinics for Vietnamese of “peasant stock.” Her father, a Vietnamese MAGISTRATE JUDGES fi shermen and took to the airwaves to spread the fi sherman hailing from generations of fi shermen, by Vincent T. Chang, Theodore K. Cheng, word that help could be found. The region has a had been born on a boat. Like many Vietnamese and James P. Chou large population of Vietnamese Americans, as Americans, her family fl ed their native country after many immigrants who came to the United States the fall of Saigon at the bitter end of the Vietnam following the Vietnam War settled along the Gulf War. In the early 1980s, they furtively departed P12 Coast to ply their trades. Vietnam bound for a Hong Kong refugee camp. Family lore provides a bleak picture of that oceanic 2011-2012 Phan’s trip to the Gulf Coast this year was a voyage for twenty, all of whom had little to eat and homecoming of sorts. Although she has spent the were forced to drink urine to survive. NAPABA BOARD OF GOVERNORS past six years in the Bay Area, her roots are in New Orleans, where she attended Tulane University and In a last-minute decision by a relative that pained Loyola University New Orleans College of Law. the family, Nguyen’s six-month-old sister was left When Hurricane Katrina hit in 2005, it affected her on the dock in Vietnam for fear she would cry and entire family—many of whom still live along the alert authorities. Gulf Coast. Her parents and brother were forced to evacuate, and they, like many other residents, After months living in a crowded shack in Hong lost everything. Phan went back to the Gulf during Kong, Nguyen’s family was fortunate enough to Katrina’s aftermath, tapping her lawyerly skills to be sponsored by a church in bucolic Hillsdale, set up a pro bono legal clinic and working closely Michigan, where they began their American with Mississippi Center for Justice and Southeast adventure and where Nguyen was born.

Continued on page 10 PRESIDENT’S MESSAGE

history as Asian Pacifi c Americans lawyers and to have a slightly different perspective, there is our hopes and dreams for the future. The new a constant theme: NAPABA means different NAPABA logo and design is embodied in this things to different people, but it offers a special newsletter and I hope you visit our website and nurturing place for all of us. to look at some of the other new branding elements. When you visit www.napaba.org, you Thanks to all of you for creating this unique will notice that we have completely overhauled and supportive environment. I have heard many the website so that it is more user-friendly and times that a self-interested NAPABA member inviting to our members. If you attend the would really stick out because NAPABA is Sustainability Convention in Atlanta, you’ll be where people selfl essly give and where people able to experience other branding components genuinely want to help each other. Numerous and see the new logo in action. times, I have seen our members go out of their way to fi nd jobs for others, refer clients, promote This year I also established NAPABA’s appointments, mentor each other, and strike up fi rst membership-wide Annual Lobby Day in friendships. Our members spend countless Washington, D.C. where we had the privilege hours volunteering their time to further our to meet with many elected leaders, including mission and grow NAPABA. Sponsors often Senator Majority Leader Harry Reid. One of the say the benefi ts they receive far outweigh their key talking points for all of our meetings was sponsorship dollars—this is due to all of your the nomination and confi rmation of APA federal dedication and commitment. judges and I was delighted to hear that a few days after our meeting with Senator Reid, the In closing, I want to express my gratitude nomination of Judge Ed Chen was presented to our Board members, committee chairs, to the Senate and shortly afterwards, he was NAPABA staff, and membership for all we are confi rmed to be judge on the U.S. District achieving. The NAPABA family remains a place Court of the Nothern District of California. Two for all—regardless of practice area, employer, Thank you NAPABA members for all of months later and after months of planning and experience, or any other identifi er. I look forward organizing, we were back in D.C. to host the to continuing to work with all of you. your support, encouragement, and hard Coalition of Bar Associations of Color (CBAC) Annual Meeting. There, at NAPABA’s urging, work this past year. CBAC restructured our annual event to ensure Thank you NAPABA! more frequent and offi cial communications and This has been an awesome year for NAPABA to enhance our relationships with our sister bar and I am grateful to have been able to serve associations. as your President during a time of tremendous

organizational growth. We started out of I am happy to report that CBAC members are Paul O. Hirose the blocks with the Inspire Convention and fulﬁ lling our commitment and bar leaders have established a NAPABA Branding Committee to begun our formal, scheduled communications. work on revitalizing our logo and “messaging.” I wanted people to see the energy and With all of our accomplishments and new excitement that is NAPABA and I realized programs, I am glad that we are maintaining that the new NAPABA logo and “look” had NAPABA’s greatest assets—our members and to be more than just an image—it had to pay the NAPABA culture. homage to our original logo and also embody the growth of NAPABA and the experiences of While I’ve been serving as President, people NAPABA members. After countless hours of often approach me to share their thoughts about brainstorming and design work, we selected NAPABA. Many members tell me about their a new logo and built a branding campaign love for the organization and what they believe around it that is intended to bring together our NAPABA represents. Although everyone seems

NAPABA LAWYER - Vol. 21 No. 4 Fall 2011 © National Asian Paciﬁ c American Bar Association

CO-EDITORS: Azizah Ahmad, Bryce Kunimoto, and Tina Matsuoka

Newsletter submission general guidelines: Letters to the Editor (250 words or less), newsletter articles (500 words or less) and announcements (100 words or less) may be sent to [email protected].

The opinions expressed in the NAPABA LAWYER are those of the authors and do not necessarily reﬂ ect NAPABA policy or editorial concurrence. Publication of any written or graphical material or advertisement does not constitute an endorsement. The editors reserve the right to edit, accept or reject prospective materials or advertisement in accordance with their editorial judgment.

NAPABA retains the copyright to this publication and its contents, unless otherwise indicated. Please contact NAPABA for permission to reproduce any of its contents.

PAGE 2 FALL 2011 NAPABA LAWYER

Working together to make a difference.

We are proud to partner with the National Asian Pacific American Bar Association to promote excellence in the legal profession.

FALL 2011 PAGE 3 LEADERSHIP CORNER

KAREN K. NARASAKI ABOUT THE AUTHORS A Giant Who Will Leave Big Shoes To Fill by John C. Yang , Nancy P. Lee, and Paul W. Lee John C. Yang is the Director of Legal Affairs (China) for Illinois Tool Works At approximately ﬁ ve feet tall, Karen K. Narasaki would never be mistaken for Inc.; he was the Chair of NAPALC/ AAJC from 2005 to 2008, and former NBA superstar Yao Ming. But if height was based on accomplishments, served as NAPABA President from then the sky would be the marker for this legal giant. 2003 to 2004.

a home in Seattle was diffi cult because of racial Nancy P. Lee is Of Counsel with covenants that existed. Karen’s interest in civil Murphy Austin Adams Schoenfeld rights was sparked when she heard her parents LLP in Sacramento; she served as talk in worried voices about where they could live. the Chair for NAPALC’s Board of Directors from 2002 to 2005, and Karen self-proclaims that she was fortunate as NAPABA President from 1994 to to benefi t from affi rmative action. She applied 1995. and was wait-listed at Yale University. It had only been a decade since women had been Paul W. Lee is a Partner with admitted to Yale, and minority females at the Goodwin Procter in Boston; he is university were exceedingly rare. Karen has often currently serving as the Chair for stated that, without affi rmative action, she would AAJC’s Board of Directors, and was never have been admitted off the waiting list. NAPABA President from 1995 to 1996. Karen decided to go to law school but recognized that it would be a struggle. At the time, there were few Asian Pacifi c American lawyers and even fewer Asian Pacifi c American women in the legal profession. At UCLA School of Law, she thrived and caught the attention of the Dean—who happened to be one of the fi rst female Deans of a As many NAPABA members know, Karen has major law school. The Dean put Karen in touch announced her plans to leave the Asian American with Judge Harry Pregerson of the U.S. Court of Justice Center (AAJC) in the fi rst quarter of 2012. Appeals for the Ninth Circuit, who was interested in For over 17 years, she has led that organization fi nding a qualifi ed woman or minority for a clerkship. as President and Executive Director. Although Karen no doubt will continue to be a force in the After the clerkship, Karen joined Perkins Coie in Opposite page: Karen K. Narasaki moderating the 2009 NAPABA civil rights community and a leader among Asian Seattle, where she worked on securities law and Convention panel, “Evolution of the Pacifi c Americans, this transition is an appropriate transactional matters for several years. While at the Representation of Asian Americans in the opportunity for the community to recognize her fi rm, she was very active in the Asian American Bar Media.” leadership, hard work, and dedication. As past Association of Washington and did pro bono work Pictured from left to right: Karen Narasaki, and present Chairs of AAJC (formerly, the National for various Asian Pacifi c American and women’s Jeff Yang, Shilpa Davé, and Victor Jih. Asian Pacifi c American Legal Consortium) and rights groups, including work on the Hirabayashi as past Presidents of NAPABA, we believe that World War II internment coram nobis case. Bottom: Karen K. Narasaki leading AAJC we are in a unique position to refl ect on Karen’s Although she was doing well at the fi rm, Karen staff during the March for America Rally. impact both in the legal community and generally. “wanted to make a difference in the world.” She was recruited to run the Washington, DC offi ce of the It is not an understatement to suggest that all Asian Pacifi c Americans have been positively affected by Karen’s leadership. She was one of the pioneers in creating the notion of Asian Pacifi c American political empowerment and infl uence. Presidents, Cabinet members, Senators, and members of Congress regularly seek her advice on civil and human rights issues. She is known for her tenacity and zealousness as an advocate, but she is respected regardless of ideology because she is well-prepared and principled. A Modest Asian Pacifi c American Upbringing Karen is a third-generation Japanese American famed 442nd Regimental Combat Team of the U.S. Army, the highly decorated all-Japanese unit that fought in Europe in World War II. After the war, although her father had a good job as an engineer with Boeing, buying

PAGE 4 FALL 2011 NAPABA LAWYER

Her role with NAPABA is no different. Karen was one of the early organizers for NAPABA, where she helped to form the Civil Rights Committee and served on the Board of Governors and Treasurer in NAPABA’s formative years. She provided valuable insight into how NAPABA could be effective on Capitol Hill, and helped to shape the relevance of a bar association in Asian Paciﬁ c American community activities.

Karen’s commitment to human and civil rights extends beyond the Asian Pacifi c American community. She has worked hard to ensure that Asian Pacifi c Americans work together with other groups that have common interests. Toward that end, she has played a major role in establishing the Rights Working Group, the Broadband Opportunity Coalition, and Reform Immigration for America. Further, as head of a national nonprofi t public interest organization, Karen has raised millions of dollars by successfully educating and building a strong rapport with foundations, corporations, individuals and entities that support social change and innovation, and through AAJC, Japanese American Citizens League, one of the Americans of the Decade. She has been quoted has in turn leveraged these funds to support only Asian Pacifi c American organizations with in just about every major American newspaper, community organizations throughout our nation. D.C. staff at the time. Karen accepted the job in part and has appeared on The Newshour with Jim because she remembered that her father often had Lehrer, Hardball with Chris Matthews, ABC and She continues to be a leader in other civil told her that the internment took place because CBS News, and a wide variety of ethnic media. rights and immigrant rights organizations as well. the community was not strong enough to defend She is the Vice Chair of the infl uential Leadership itself, and that there were not enough attorneys Karen’s success also can be measured by Conference on Civil Rights, the Vice Chair of the who were willing to stand up for the community. her legislative accomplishments. She was at the Coalition for Comprehensive Immigration Reform, forefront in the successful passage of stronger the Chair of the Rights Working group, and on the Through several years at JACL, Karen had hate crimes legislation and the reauthorization of national governing boards of Common Cause, started to hone her political and D.C. advocacy the 1965 Voting Rights Act. She also has been Lawyers’ Committee for Civil Rights Under Law, and skills. When the Executive Director position instrumental in the defeat of potentially harmful is a past board member of the Independent Sector. of AAJC (then known as NAPALC) became legislation that would have eroded family immigration open, Karen applied and obtained the position. laws and affi rmative action programs. Under her A Good Friend and Role Model leadership, AAJC successfully advocated for a Finally, but very importantly, Karen has been An Unbelievable Record of Accomplishment more accurate census count for Asian Americans a good friend and role model. She has nurtured Cataloguing Karen’s accomplishments while at and Pacifi c Islanders, the creation of the White numerous young attorneys about how to get and AAJC is diffi cult because there are so many. One House Initiative on Asian Americans and Pacifi c stay involved with the community. She has trained measure simply would be through the awards Islanders, and Presidential Executive Orders that new public interest lawyers and community and recognitions that she has received, and the mandated greater access in federally funded activists. She has taught individuals how to organize diversity of organizations that have bestowed programs for limited English profi cient immigrants. effectively to ensure that their voices are heard. honors upon her. As a testament to how long she has been in the forefront of the Asian Pacifi c Another area where Karen has played an Likewise, in a time when there is sometimes American civil rights movement, Karen was in instrumental role is in advocating for greater tension between corporate and public interests, the inaugural class of NAPABA Trailblazer Award television diversity. Through AAJC, annual Karen has remembered that Asian Pacifi c recipients in 1994. The prestigious awards in her report cards have been issued on the major Americans need to be part of every segment collection include the Hubert H. Humphrey Civil networks related to their diversity efforts. of the legal and professional environment to and Human Rights Award from the Leadership Karen has served on several media-related ensure adequate representation. She has Conference on Civil Rights, the Spirit of Excellence boards and councils dedicated to increasing strongly supported Asian Pacifi c Americans Award from the American Bar Association, diversity. These initiatives have led to more who want to succeed in the private or corporate and the Chair’s Award from the Congressional than a 20 percent increase for both regular and environment. Her only request is that they Black Caucus. Other awards have included: We recurring roles for Asian Pacifi c Americans on continue to stay involved in the community in the People Award, International Channel; Ruth prime-time shows—both on and off camera. some way, and that they strive to be the best Standish Baldwin Award, Greater Sacramento that they can be in whatever they choose to do. Urban League; Citizen Volunteer Service An Innovator and A Bridgebuilder Her advice is simple: “Be willing to take chances Award, U.S. Department of Justice; Community From early on, Karen recognized that the even if it means you might fail. Speak up and Award, Asian Pacifi c American Labor Alliance. Asian Pacifi c American community often lacked make sure your presence is felt in the room.” the infrastructure to advocate effectively on Her political infl uence has been recognized behalf of the community. Over the years, she We do not yet know what Karen will do by numerous publications. In 2001, 2006, and has helped to create the Asian Pacifi c American next. But we are confi dent that she will heed 2009, Washingtonian Magazine recognized Institute for Congressional Studies, the National her own advice. By doing so, she will continue Karen as one of the “100 most powerful women Council for Asian Pacifi c Americans, the National to forge new trails and leave giant footprints. in Washington, D.C.” A Magazine named Asian Pacifi c American Women’s Forum, and Karen as one of the 100 Most Infl uent Asian the Asian Pacifi c American Media Coalition.

FALL 2011 PAGE 5 state courts were willing to improve their language More specifi cally, NAPABA recommendation access policy. We negotiated a memorandum 15 requested that “[t]he ABA . . . either create a OBSTRUCTION OF JUSTICE of understanding that requires comprehensive special committee or assign one of its existing language access in all cases in and out of court.” committees to examine generally the need for Making the Case for Language increased access to judicial proceedings for However, even with support of past and current APAs and others with LEP.” 7 The similarities Access in the Courts Presidents and the Department of Justice, the between the SCLAID standards and NAPABA by Azizah Ahmad lack of language access persists. Laura K. Abel, recommendations were not mere coincidences or Acting Co-Director of the Brennan Center of accidents. As part of NAPABA’s language access Language is one of the cornerstones of human Justice at New York University School of law advocacy, in 2008, under the leadership of then- survival and intelligence. As many linguists noted that “[w]hile all sectors of government have Executive Director Les Jin, NAPABA advocated to have argued, human language, as a form of 1 made considerable progress towards language urge SCLAID to address the need for increased communication, is something uniquely human. access over the course of the past decade, the access to judicial proceedings for LEP individuals. But what happens when language is denied or current climate is diffi cult because federal and SCLAID eventually committed to take on the inaccessible, as it is for many limited English profi cient state funding is limited with the fi scal crisis, and project and commissioned a team to research and (LEP) individuals in the United States? For many LEP because of the incredibly heightened debate over recommend standards to improve and increase individuals, access to social services and programs how immigrants should be treated in this country. access to the justice system for LEP individuals. is compromised because services and programs are offered in a language that they do not understand. Amid the heated debates over the economy The SCLAID standards have the potential to Access to the courts and the justice system generally and immigration, the American Bar Association’s be passed during the ABA House of Delegates is not free from such issues. Like in many other (ABA) Standing Committee on Legal Aid and meeting February 2012. While little has changed government offi ces and agencies, the availability of Indigent Defendants (SCLAID) commissioned in the political and economic climate since last interpreters and translated documents during court an advisory group to look into language access August, there is still hope that the standards proceedings is still a problem that plagues the justice in the courts. The group drafted Standards for will make it to the agenda and be approved. system, which ultimately compromises access to Language Access in the Courts,6 a detailed 120- justice for new immigrants and other LEP persons. page report on standards that are intended to help The battle for language access has seen courts with the implementation and enforcement its milestones and setbacks. And like many Title VI of the Civil Rights Act of 1964 provides of language access services. Like other ABA movements, progress is often slow and the that “[n]o person in the United States shall, on standards, the purpose of these standards is pressure of opposition is sometimes too heavy the ground of race, color, or national origin, be to set a benchmark beyond legal requirements to bear. But the battles move on and new excluded from participation in, be denied the for those in the legal fi eld to follow. The SCLAID opportunities unfold. Come February, the ABA benefi ts of, or be subjected to discrimination under standards were scheduled to be voted on in will have the opportunity to set a standard in any program or activity receiving federal fi nancial 2 August during the ABA’s House of Delegates which those in the legal profession can choose assistance.” In 2000, President Bill Clinton meeting in Toronto. However, due to strong to follow. Hopefully, delegates will choose issued (and President George Bush and President opposition from the Conference of Chief Justices to go down this path to providing access to Barack Obama later affi rmed) an Executive Order and the Conference of State Court Administrators, individuals who are limited English profi cient. (E.O.) clarifying that Title VI requires that all entities the SCLAID standards never made it for a vote. receiving federal funding ensure that LEP persons 1 3 Chomsky, Noam, Fitch, W. Tecumesh, Hauser, have meaningful access to services. Following What these SCLAID standards recommended Marc D., “The Faculty of Language: What Is It, the issuance of the E.O., the U.S. Department of were consistent with the recommendations that Who Has It, and How Did It Evolve?”(November Justice (DOJ) issued a General Policy Guidance NAPABA set forth in its report in 2007 entitled, 22, 2002), http://www.sciencemag.org/con- which provides that “the failure to address language “Increasing Access to Justice for Limited English tent/298/5598/1569.abstract. 2 barriers may not be simply an oversight, but rather Profi cient Asian Pacifi c Americans.” The NAPABA Civil Rights Act of 1964, Title VI (http://www.usdoj. may be attributable, at least in part, to invidious report summarizes the state of language access gov/crt/cor/Pubs/t6broch.htm). 3 Executive Order 13166 of August 11, 2000. discrimination on the basis of national origin and for Asian Pacifi c Americans (APAs), highlights 4 4 65 Fed. Reg. 50123, 50124 race.” These directives illustrate how barriers to best practices from various states, and provides 5 The report is entitled Language Access Assess- language access may constitute discrimination recommendations for improving language based on race, color, or national origin. ment and Planning Tool for Federally Conducted access in the justice system. Many of the ten and Federally Funded Programs. The report can be SCLAID standards that were initially proposed found at: http://www.lep.gov/resources/2011_Lan- In February 2011, U.S. Attorney General Eric are synonymous with recommendations 1 to guage_Access_Assessment_and_Planning_Tool.pdf Holder issued a memorandum to all federal 3 of the NAPABA report, which are as follows: 6 http://www.americanbar.org/content/dam/ agency heads requiring them to join the DOJ in States Should Mandate the Appointment aba/administrative/legal_aid_indigent_defen- complying and recommitting to the E.O. The DOJ of Interpreters for LEP Individuals in All dants/20110601_ls_sclaid_aba_standards_lan- has also taken some important steps to improve Court and Administrative Proceedings; guage_access_in_courts.authcheckdam.pdf language access to the courts. Currently, there 7 A full description of these recommendations, is the Federal Interagency Working Group on • State Legislatures, State Supreme Courts, including its sub-sections, can be found in the LEP and a language access guide published State and Federal Agencies, and Other NAPABA report. The full report can be found at: by the DOJ; both the working group and guide Entities Responsible for Improving Judicial http://www.napaba.org/uploads/napaba/Increasin- are directed to improve language access to gAccessMay07.pdf. 5 Proceedings and Access to Justice Should federally conducted and assisted programs. Study the Problem of the Lack of Qualifi ed The DOJ is also working with a number of state Interpreters for Judicial Proceedings and courts to address the issue of language access. Develop Plans to Address Any Shortages; and As Paul Uyehara, an attorney for the Civil Rights Division at DOJ and part of the team sent to • States Should Create a Court Interpreting settle a complaint alleging the Colorado Judicial Program to Oversee the Use of Interpreters Department violated Title VI, explained, “At the in the Court System. end of June, we had an agreement in Colorado to improve language access in the courts. The

PAGE 6 FALL 2011 NAPABA LAWYER

1. 1st Lieutenant Marty Lorenzo (USMC) 1. winning hearts and minds in Iraq.

2. NAPABA member Major Kay Wakatake, U.S. Army, Judge Advocate, was deployed to Ramadi, Iraq, in 2010, as the Brigade Judge Advocate for the 4th Infantry Brigade Combat Team (Advise and Assist Brigade), 3rd Infantry Division. Here she is pictured ﬂ ying out of Fallujah, Iraq, in a Blackhawk helicopter.

3. Major Byron Shibata, member of the Board of Governors for the APABA, Los Angeles chapter, is currently deployed to Kabul, Afghanistan. He is pictured with four other Asian American offi cers who work in Kabul for NATO Training Mission-Afghanistan/ Combined Security Transition Command- Afghanistan (NTM-A/CSTC-A). The unit has trainers, advisors, and staff that work to help develop the Government of Afghanistan military & civilian departments. Pictured from left to right: Lieutenant Colonel Brent Hashimoto, U.S. Army, Foreign Area Offi cer (NE Asia-Japan); Major Todd Inouye, U.S. Air Force, Civil Engineer; Major Byron Shibata, U.S. Air Force Reserves, Judge Advocate; Lieutenant Colonel Robert Hashimoto, U.S. Marine Corps Reserves, Aviation Command & Control; Lieutenant Colonel Craig Narasaki, U.S. Air Force, Space & Missile Operations. 2. 3. VETERANS DAY MESSAGE Dear Fellow Americans and Friends of NAPABA, September 11, 2011, marked the 10th anniversary of the terrorist attacks on our great nation. Many of our citizens have served honorably in the military and put themselves in harm’s way. Since our great Nation’s founding, her sons and daughters in uniform have sacrifi ced their lives to defend our cherished freedoms and our way of life. As stated in the U.S. Military Code of Conduct, our servicemen and servicewomen dedicate themselves to the principles which made our country free. While we should honor these heroes every day for their contributions, on Veterans Day it is especially important that we, as One Nation, remember and pay tribute to those Americans who served and who died while laying a foundation for lasting peace and providing the blanket of freedom under which we all thrive.

Asian Pacifi c Americans have played a huge honorably and earned many awards for valor, honorably carry on the great lineage established part in many of the freedoms we currently enjoy. including the Congressional Medal of Honor by those who have served before them. During World War II, while Japanese Americans and induction into The Ranger Hall of Fame. were forced into internment camps, many men On this Veterans Day, and anytime you have of military age from these camps, the Hawaiian Today, APAs continue to serve honorably the chance, please take the time to thank a Islands, and in other parts of the United States with the military services throughout the world. veteran for their service, past and present. volunteered to serve in the military, most notably In fact, the U.S. Armed Forces—Army, Navy, serving with the Military Intelligence Service Marine Corps, Air Force, and Coast Guard—are Sincerely, in the Pacifi c Theater and the 442nd/100th among the most diverse enterprises in America, if Benes Aldana, Marty Lorenzo, and Kay Wakatake Regimental Combat Team, which to this day is not the world. Americans from all races, creeds, Co-Chairs, NAPABA Military and Veterans Affairs the most highly decorated unit in the military for and backgrounds, and from every corner of our Committee its size and time in service. In December, the country wear the cloth of our Nation, serving Japanese American veterans from World War unselfi shly and at great personal sacrifi ce—with II will receive the Congressional Gold Medal for no expectation of recognition or reward. These their honorable service in these units. During are ordinary men and women of extraordinary the Korean War and Vietnam War, APAs served courage and strength of character who

FALL 2011 PAGE 7 (if appointed to a part-time position), and may create a “magistrate court” or an independent be reappointed.3 Since 1987, magistrate judges court system separate from the district court. A PRIMER ON FEDERAL have received a salary, determined by the Judicial Rather, the Act authorized magistrates to exercise Conference, of up to 92% of the salary of district those functions previously exercised by United judges.4 States commissioners and also expanded their MAGISTRATE JUDGES authority to conduct misdemeanor trials with by Vincent T. Chang, Theodore K. Cheng, and The minimum qualifi cations to serve as a the consent of the defendant; serve as special James P. Chou magistrate judge are generally set forth in 28 masters in civil actions; and assist district judges U.S.C. § 631(b): (1) at least fi ve years a member in in pre-trial and discovery proceedings, as well as You may have heard the term “magistrate judge” good standing of the bar of the highest court within appeals for post-trial relief. The act also authorized or even met a United States Magistrate Judge the state where he/she serves; (2) determined by a majority of the district judges on any court to during the course of your career. But who exactly the appointing district court to be competent to assign to magistrates “additional duties as are not are magistrate judges, what functions do they serve, perform the duties of the offi ce; (3) not related by inconsistent with the Constitution and laws of the and what is their authority? How and when did blood or marriage to a judge of the appointing United States.” Additionally, the Administrative they become a part of the Federal Judiciary? This court at the time of his/her initial appointment; and Offi ce of the U.S. Courts was made responsible article will answer those questions (and others), while (4) selected pursuant to standards and procedures for the administration of the magistrate system, discussing the integral role that these judicial offi cers promulgated by the Judicial Conference of the and the act charged the Federal Judicial Center play in the administration of justice in the federal United States. The district court establishes a with providing training for magistrates. After 1 courts. merit selection panel, composed of lawyers and implementing a pilot program in fi ve districts and lay persons residing in the district, to assist the completing surveys to determine the necessary Introduction court in identifying and recommending persons number of magistrates, the new system was put Under Chapter 43 of Title 28 of the United who are best qualifi ed to fi ll any vacancy. In into place throughout the Federal Judiciary by July States Code, §§ 631-639, United States addition to the minimum qualifi cations, the panel 1971. Magistrate Judges are judicial offi cers of the typically considers the candidate’s scholarship, district courts, appointed to exercise jurisdiction experience, knowledge of the court system, and Not surprisingly, the district courts’ broad over matters assigned to them by statute, as well personal attributes, such as intelligence, honesty application of the grant of “additional duties” as those delegated by the United States District and morality, maturity, demeanor, temperament, soon led to confl icting interpretations in the Judges to assist them in the performance of their and ability to work with others. courts of appeals. In Wingo v. Wedding, 418 duties. These statutory provisions, together with U.S. 461 (1974), the U.S. Supreme Court held the case law interpreting them, are the source The Judicial Conference of the United States that magistrates could not conduct evidentiary of a magistrate judge’s jurisdiction and specifi c determines the number of magistrate judgeships hearings in federal habeas corpus cases because authority. Each district court utilizes magistrate based upon recommendations submitted by the doing so was “inconsistent with the . . .laws of the judges according to local custom and practice, respective district courts, the judicial councils of United States”; rather, the Court concluded that which includes promulgating local rules that the circuit courts of appeals, and the Director of the district judge must “personally hold [those] govern the additional duties assigned to those the Administrative Offi ce of the U.S. Courts. As of evidentiary hearings.” Congress swiftly responded judicial offi cers. Accordingly, the duties assigned March 2009, there were 517 full-time and 42 part- in 1976, enacting legislation that further defi ned to magistrate judges can vary considerably from time authorized magistrate judgeships, as well as the magistrates’ authority and granting them court to court. For example, most district judges one position combining magistrate judge and clerk the power to conduct habeas proceedings. in the Eastern District of New York generally refer of court. Then, under the Federal Magistrates Act of the management of all discovery and other pre- 1979, Congress again expanded the authority trial matters (including some dispositive motions) A Brief History of Magistrate Judges in the of the magistrates by granting them “consent in civil actions to magistrate judges. By contrast, in Federal Judiciary jurisdiction,” which authorized them to conduct all the Southern District of New York, district judges In 1793—six years after the U.S. Constitution civil trials so long as the parties consented. The typically refer only specifi c cases for pre-trial case was adopted and four years after the enactment act also permitted magistrates to preside over management or for a report and recommendation of the Judiciary Act that fi rst established the all misdemeanor trials as long as the defendants on motions. Magistrate judges in the Southern Federal Judiciary—the United States established waived their right to a trial before a district judge. District may also be assigned a disproportionately a commissioner system for the federal courts. The 1979 act further provided for merit selection larger share of motions requiring the review of Under this system, United States commissioners panels to assist district judges in the appointment an extensive record (such as social security or tried petty offense cases committed on federal of magistrates. disability appeals and habeas corpus petitions) property; issued search warrants and arrest than their colleagues in the Eastern District. warrants; determined bail for federal defendants; Shortly thereafter, a noteworthy challenge to the The Eastern District’s local rules delineate how and conducted other initial proceedings in federal magistrate system tested the constitutionality of magistrate judges are generally assigned to cases, criminal cases.5 having non-Article III judicial offi cers assist district and the Southern District has rules regarding the judges in their duties. In United States v. Raddatz, 2 roles of magistrate judges in criminal cases. In the mid-1960s, members of the 447 U.S. 667 (1980), a criminal defendant moved congressional judiciary committees and judges to suppress certain incriminating statements Fundamentally, the differences between district serving on the Judicial Conference of the United he had previously made to police offi cers and judges and magistrate judges could not be States recognized the need for revisions to the federal agents. Over his objections, the district more stark. District judges are appointed by the commissioner system. Commissioners were being court referred the motion to a magistrate for President of the United States (with the advice paid under a fee system, the appointment process an evidentiary hearing under a provision of the and consent of the U.S. Senate), are appointed varied from court to court, and no uniform criteria 1979 act that authorized a district court to refer for life (unless impeached and removed for bad for selection existed. Members of Congress such a motion to a magistrate and, thereafter, to behavior), and may not have their salaries reduced and federal judges also wanted to relieve the determine and decide that motion based upon during their tenure in offi ce. By contrast, after congestion in federal court dockets by expanding the record developed before the magistrate, public notice of a vacancy, magistrate judges are the judicial responsibilities of the commissioners.6 including the magistrate’s proposed fi ndings of appointed by a majority vote of the active district Thus, under the Federal Magistrates Act of 1968, fact and recommendations. That provision also judges in the district, serve terms of eight years Congress established the position of “magistrate” provided that the district judge shall make a “de (if appointed to a full-time position) or four years to replace the position of commissioner. It did not novo determination” of those portions of the

PAGE 8 FALL 2011 NAPABA LAWYER magistrate’s report, fi ndings, or recommendations the federal courts.9 FAQS.aspx; History of the Federal Judiciary: Magistrate to which any objection is made, and that the judge Judgeships, available at http://www.fjc.gov/history/home. nsf/page/judges_magistrate.html; Hon. Lawrence O. may accept, reject, or modify, in whole or in part, Magistrate Judges Today Andersen, United States Magistrate Judge: The Utility Fielder the magistrate’s fi ndings or recommendations; As the U.S. Supreme Court noted in Peretz v. of the Federal Courts, Arizona Attorney (Jan. 2007), at 10-18; alternatively, the district judge could receive United States, 501 U.S. 923 (1991), “Congress e-mails with the Honorable Kiyo A. Matsumoto (U.S. District additional evidence or recommit the matter to the intended magistrate [judges] to play an integral Judge, Eastern District of New York) and the Honorable magistrate with instructions. Based upon his view Marilyn D. Go (U.S. Magistrate Judge, Eastern District of and important role in the federal judicial system.” New York). of the credibility of the testimony at the hearing on Today, the power and authority of magistrate 2 See Rules for the Division of Business Among District the defendant’s motion, the magistrate here found judges are wideranging and include the following: Judges, Eastern District, Rule 50.2; id., Southern District, that the defendant had knowingly, intelligently, and Rules 6 and 18(b). 3 voluntarily made the inculpatory statements and, • issuing search warrants, arrest warrants, and Accordingly, magistrate judgeships are not “Article thus, recommended that the motion be denied. III” judgeships, which refer to a judge of a federal court summonses; created under Article III of the U.S. Constitution. These • accepting criminal complaints; courts comprise the Supreme Court of the United States Over the defendant’s objections to the • conducting initial appearance proceedings and the inferior courts established by the Congress, which magistrate’s report, the district court accepted and detention hearings; currently are the thirteen United States courts of appeals, the recommendation and denied the motion, • setting bail or other conditions of release or the 94 United States district courts, and the U.S. Court of International Trade. stating that it had considered the transcript of detention; 4 District judges currently receive a salary of $174,000. the magistrate’s hearing, the parties’ proposed • conducting misdemeanor trials with the Magistrate judges, therefore, may receive a salary of up to fi ndings of fact, conclusions of law, the supporting defendant’s consent; $160,080. 5 memoranda, the magistrate’s recommendation, • entering a sentence for a petty offense See United States v. Douleh, 220 F.R.D. 391, 393 and the oral argument of counsel. On appeal (W.D.N.Y. 2003) (“From 1793 to 1968, the position of United and entering a sentence for a Class A States magistrate judge did not exist; rather, the fi rst level after the defendant was tried and convicted, the misdemeanor with the parties’ consent; of the federal judiciary was comprised of United States Seventh Circuit reversed, holding, among other • if assigned by a district judge, hearing and commissioners.”); see also United States v. Maresca, 266 things, that the district court’s failure to personally determining certain pre-trial matters in civil F. 713, 720 (S.D.N.Y. 1920) (“[T]he Circuit Courts were hear the controverted testimony relating to and criminal cases pending before the court; authorized to appoint ‘discreet persons learned in the law’ to the motion had deprived the defendant of due • take bail in criminal causes.”). if assigned by a district judge, conducting 6 See Gomez v. United States, 490 U.S. 858, 865 (1989) process. hearings, including evidentiary hearings, (“Before 1968, minor federal legal disputes were settled by and submitting proposed fi ndings of fact United States commissioners, who collected fees for their The Supreme Court, however, reversed, and recommendations for the disposition of services and often were not lawyers. Limitations on their holding that, under the statute, the district court certain pre-trial motions, of applications for jurisdiction resulted in the downgrading or dismissal of criminal offenses that otherwise would have to be tried by was not required to rehear the testimony on habeas corpus relief, and of prisoner petitions district judges.”). which the magistrate had based his fi ndings challenging conditions of confi nement; 7 Gomez v. United States, 490 U.S. 858, 872 (1989). For and recommendations in order to make an • if assigned by a district judge, serving as example, the Federal Courts Improvement Act of 2000 independent evaluation of credibility. The Court a special master in any civil case with the amended the Federal Magistrates Act to clarify the contempt focused on the distinction between a “de novo authority of magistrate judges, eliminate the consent parties’ consent; and requirement in Class B misdemeanor (petty offense) cases, determination” (which the statute provided) • if designated by a majority of the district and expand magistrate judges’ authority in juvenile cases. and a “de novo hearing” (absent in the statute), judges, conducting any or all proceedings in 8 In re 4330 N. 35th St., 142 F.R.D. 161, 165 (E.D. Wis.1992) noting that Congress had purposefully used the a jury or nonjury civil matter and ordering the (quoting Christopher Smith, From U.S. Magistrate to U.S. word “determination” because it believed that entry of judgment in the case with the parties’ Magistrate Judges, 75 Judicature 210, 212 (1992)). 9 See, e.g., Kiobel v. Millson, 592 F.3d 78 (2d Cir. 2010) (fi ling Article III was satisfi ed if the ultimate adjudicatory 10 consent. separate concurring opinions on the nature of the authority determination was reserved to the Article III offi cer, of a magistrate judge to issue Rule 11 orders sanctioning and that Congress intended to permit whatever More than forty years after the fi rst Federal attorneys, absent the consent of the parties, and leaving reliance the district judge, in the exercise of sound Magistrates Act, there can be little question unresolved the question of the deference to be paid to a discretion, chose to place upon the magistrate’s that magistrate judges have greatly eased the magistrate judge’s sanctions order because the panel split evenly). proposed fi ndings and recommendations. Thus, increasing burden on the federal courts and, 10 Civil litigants who consent to proceed before a magistrate the system we see today (enabled in Rule 72 of thereby, made notable contributions to the judge may also resolve their cases sooner. Because district the Federal Rules of Civil Procedure and Rule 59 administration of justice in the federal courts. judges’ calendars are replete with criminal matters that are of the Federal Rules of Criminal Procedure) stems With the caseload of the federal courts steadily prioritized over civil actions due to, for example, the operation from the Supreme Court’s decision in Raddatz. of the Speedy Trial Act (which establishes specifi c time limits increasing, it is likely that magistrate judges will between various stages of federal criminal proceedings), continue to wield considerable authority in the district judges may be compelled to continue a civil case’s trial Since its enactment in 1968, the Federal Federal Judiciary. Indeed, it is more than likely or hearing. Magistrate judges, however, may be in a better Magistrates Act has been amended several times that the role of magistrate judges will continue to position to schedule fi rm trial dates, as they do not conduct to signifi cantly broaden the scope of authority that expand as Congress, the courts, and the Judicial felony trials or felony sentencings (even with the consent of magistrates exercise as “congressional concerns the parties) due to constitutional concerns. See generally Conference of the United States consider new Gomez, 490 U.S. at 871-72; Gonzalez v. United States, regarding [their] abilities [have] decreased” after ways in which these judicial offi cers may assist the No. 06-11612, slip op. at 8-12 (May 12, 2008) (Thomas, J., recognizing their “integral and important role in the district judges in reducing their ever-expanding dissenting). Early calendaring may facilitate the scheduling Federal judicial system” in “handl[ing] subsidiary dockets. of expert and out-of-state witnesses and subpoenaing matters to enable district judges to concentrate witnesses with little risk of last-minute continuances due to confl icts. on trying cases.”7 One notable amendment came Vincent T. Chang, Theodore K. Cheng, and James P. with the Judicial Improvements Act of 1990, Chou serve as co-chairs of the Judiciary Committee which changed the position’s title from magistrate of the Asian American Bar of New York. to “magistrate judge.” The title was changed because it “[was] believed [it would] ‘help educate Reprinted from the spring 2011 issue of the AABANY attorneys and litigants about the magistrate Advocate with the permission of the Asian American judges’ status as authoritative judicial offi cers Bar Association of New York. within the federal courts.’”8 However, the outer boundaries of the authority of magistrate judges Footnotes 1 Sources include Frequently Asked Questions: Federal continue to be subject to considerable debate in Judges, available at http://www.uscourts.gov/Common/

FALL 2011 PAGE 9 Speaking no English and having no directly contributed to the problems that the Vietnamese addition, they counseled victims on how to hire transferable job-seeking skills, the family made American residents there now face. How could and fi re an attorney, and laid out their rights do. Nguyen’s father found work as a landscaper, a residents have been well-served or trust the and obligations, as well as the complexities of handyman, and any number of odd jobs that put authorities, Nguyen asked, when former New contracts and waivers, lawsuits, and class action food on the table. And the family fi nally reunited Orleans’ nine-term representative in congress, suits. Most of all, they directed residents to other with Nguyen’s sister when she was able to join William Jefferson, had recently been convicted of community resources and remedies. them in the United States at age sixteen. Over the multiple counts of corruption? Add that to the fact years, a continuous search for jobs led them to that both the laws and BP’s claims guidelines were Pensacola, Florida, and Salinas and Oakland in changing daily. Along the way, BP’s requirements for California. She later earned her undergraduate reimbursement proved daunting. For instance, degree at University of California at Santa Barbara In 2008, Vietnamese American Congressman Nguyen said, BP requires certain documents and went on to obtain a law degree at University of Anh “Joseph” Quang Cao was elected to represent to prove loss, such as W-2 forms or tax fi lings. La Verne College in Ontario, California. Louisiana’s Second District. Narrowly elected in his Nguyen likened it to dealing with insurance race against Congressman Jefferson, he is the fi rst companies that impose stringent requirements of “I wanted to help my community and give back,” Republican to serve the district since the 1800s. proof that some insureds are unable to meet—and said Nguyen, the fi rst in her family to earn a college An attorney by trade, his background is similar give up in frustration. degree, much less a J.D. “Plus, it would be great to that of other Vietnamese immigrants who fl ed to have an attorney in the family.” Nguyen’s father their homes during the Vietnam War. He and his For many victims of the Deepwater Horizon now works on U.S. Coast Guard boats in the East family immigrated to the United States when he spill, Nguyen predicted that the region’s endemic Bay. There, Nguyen hung up her shingle as a sole was just eight years old. After the BP oil spill, he corruption, coupled with the challenging process practitioner, representing debtors and creditors encouraged other Vietnamese-speaking attorneys of qualifying for payments could all too easily result in bankruptcy. Although Nguyen had worked for to come to the Gulf to lend a hand. Among those in a “no-win situation.” Still, legal aid volunteers law fi rms during school he reached out to was continue to toil away in the Gulf and back at and did a stint for Coca- fellow Loyola Law home on behalf of the fi shermen. In the process, Cola in Australia, she School graduate Mai they have multiplied the resources for victims of wanted a more personal “Just do good work Phan. She continued the disaster by producing informational packets, connection with clients. the phone tree by in both English and Vietnamese, that promote Today, many of her clients — everything else follows.” calling Nguyen. awareness and caution. As phase two of their are bilingual. work, Nguyen said, they have approached federal Nguyen observed representatives to advance the long-term interests She also embarked that the problems of of residents. on the time-honored path of volunteer service, the region’s fi shermen boiled down to two issues: building skills while putting in hours for indigent fi nancial and psychological—for those surrounded The Vietnamese American Volunteer Law law clients at BASF’s Volunteer Legal Services by poverty, desperation, and crime, the fi rst Corps produced a white paper on the oil spill Program, the San Francisco Public Defender’s challenge was daily survival. She added that the that was recently presented to political leaders Offi ce, and other legal organizations. Like many stifl ing heat and the prevalence of drugs and in Washington, D.C., and has been subsequently earnest young lawyers, she expanded her gambling didn’t help matters. cited by Congresswoman Zoe Lofgren during knowledge base with continuing legal education a hearing that aired on C-SPAN. The white classes, collected several mentors including a When she arrived in the Gulf, Nguyen paper recommended the following: ensuring Santa Clara judge, and began attracting clients anticipated that the local residents would welcome fair representation, allowing victims to provide through referral panels. She is currently one of four the volunteers with open arms, particularly given alternative documentation of their losses, ensuring co-chairs for the Minority Bar Coalition. that they spoke the same language. They were equal opportunity to participate in BP’s “Vessels there to inform, to translate, and to pave the way of Opportunity” program, which was a key feature Nguyen follows her personal credo: “Just do through the tricky process of ensuring that BP of BP’s response that involved a contingent of good work—everything else follows.” paid out what was owed. Yet, at the fi rst town hall fi shermen and boats from communities along the she attended, despite active outreach enlisting Gulf, and addressing predatory lawyers. Although her father, relying on TV reports, media and the local pastor, only about twenty suggested that everyone was just fi ne in the Gulf, people showed up, Nguyen recalled. Much to the The media has picked up the story, as well. Nguyen decided to go see for herself. Her friend volunteers’ dismay, many were angry residents The volunteer attorneys attracted wide-ranging Phan removed all lingering doubt by asserting that with their arms crossed across their chests. coverage of the fi shermen’s plight, ranging from VABANC was the most qualifi ed to respond to CBS News in the Bay Area to Vietnam Public the crisis by being “one of the most cohesive and As Nguyen and her team quickly learned, the fi rst Radio. Print media has also helped to spread organized groups around.” legal responders to the crisis were more concerned the word with articles appearing in publications about helping themselves—predatory operators such as the Los Angeles Times and the San Jose Soon after the crisis hit, VABANC deployed a out to take advantage of their new clients’ legal Mercury News, along with the Daily Journal and small troop of Vietnamese-speaking attorneys to naïveté to make a profi t. For the volunteers, the American Lawyer. staff various clinics in the Gulf, and Nguyen joined immediate challenge was this: how to differentiate As for Nguyen and Phan, they worked so well them. Between a Wednesday and a Sunday in themselves from those earlier arrivals, some of together in responding to the crisis, they’ve decided June, she put in long days in oppressive heat, whom even spoke fl uent Vietnamese like they did. to join their law practices. The two fi rst met about starting at 6:00 a.m. and working late into the The volunteers fi rst established themselves as a four years ago—and, over the years, have bonded night. The volunteer corps conducted three reliable source of information and aggressively by sharing similar ideas and ethics. And Nguyen legal education clinics in Louisiana, Mississippi, refused to take anything from residents, including has been so effective at convincing her father that and Alabama and helped more than a hundred personal information. The attorneys then decided the reality for Gulf residents differs so sharply from Vietnamese American residents fi nd the services to forgo the usual intake sheets to instill trust. TV reports that implied that everything was just and resources they needed. fi ne, he now wants to volunteer, too. The Gulf clinics addressed a variety of issues, Nguyen saw fi rsthand how the Gulf ’s corrupt including the BP claims process and constantly “Though I was on the ground for a limited political system and lack of oversight had changing laws regarding the oil disaster. In amount of time, that was only the start of what

PAGE 10 FALL 2011 NAPABA LAWYER we as volunteer attorneys are doing to make a difference,” Nguyen said. “We are continuously working on the oil spill issues on a daily basis. At 2010-2011 NAPABA BOARD OF GOVERNORS times, I have wondered whether this problem was just too big for me to even make a dent, given the vast amount of problems. But with news OFFICERS Central Region reports that congressmen and congresswomen Lawrence “LG” Almeda are actually utilizing our efforts in their decisions President to make new law, it is extremely rewarding that Paul O. Hirose Southeast Region all of our hard work is actually going towards a Bill Simonitsch positive change.” President-Elect Nimesh M. Patel Southwest Region A writer and journalist for twenty-two years, Erik George Chen Cummins spent eighteen of those years as a legal Vice President of Finance & Development affairs reporter for the Daily Journal in San Fran- Linda Lu Northwest Region cisco. He can be reached at cummins.erik@gmail. Michele Wong com. Vice President of Membership Sumbal Mahmud Central California Region Heidi Machen is a San Francisco sole practitioner Cyndie Chang handling administrative, contract, and employ- Vice President of Programs & Operations ment law and a professional writer and editor who Emily T. Kuo Southern California Region has worked with numerous law ﬁ rms and public Tirzah Lowe agencies. Vice President of Communications Bryce Kunimoto Eastern California Region Reprinted from the Fall 2010 issue of the San Danette “Dee” C. Brown Francisco Attorney with the permission of the Bar Treasurer Association of San Francisco. Camilla M. Eng Northern California Kiran Jain Secretary Bijal Vakil AT-LARGE MEMBERS Immediate Past President Joseph J. Centeno Andrew T. Hahn, Sr. Christopher C. Javillonar Ekwan Rhow REGIONAL GOVERNORS Andrew A. Vu

Northeast Region Jeffrey Hsi Jin Hwang

FALL 2011 PAGE 11 1612 K Street, NW, Suite 1400 Washington, DC 20006

Phone: 202-775-9555 Fax: 202-775-9333 www.napaba.org

2011-2012 NAPABA BOARD OF GOVERNORS Congratulations to the incoming 2011-2012 NAPABA Board of Governors, who will be sworn in at the NAPABA Annual Convention in Atlanta, GA on November 19, 2011.

OFFICERS Immediate Past President Paul O. Hirose Eastern California Region President Jamie Chu Nimesh M. Patel REGIONAL GOVERNORS Northern California President-Elect Northeast Region Kiran Jain Wendy C. Shiba Jin Hwang Jason Leung Vice President of Finance & Development AT-LARGE MEMBERS Ekwan E. Rhow Central Region Lawrence “LG” Almeda Han C. Choi Vice President of Membership Christopher C. Javillonar Sumbal Mahmud Southeast Region Bijal Vakil Rosy L. Lor Andrew A. Vu Vice President of Programs & Operations George C. Chen Southwest Region Gina Shishima Vice President of Communications Alexander Lee Northwest Region Michele Wong Treasurer Linda E. Lu Central California Region Cyndie Chang Secretary William J. Simonitsch Southern California Region Tirzah Abe Lowe