Civil Rights Committee Culminates Year-End With A Night With A Federal Judge – Judge Edward Chen

Speaking to a crowd of law students, young attorneys, and aspiring future judges on January 27, 2005, United States Magistrate for the Northern District of California Edward M. Chen shared his career path from private practice at Coblentz, Cahen, McCabe & Breyer where he was mentored by senior partners who later became judges (including the Honorable Charles R. Breyer from the Northern District of California), to his 15 years at the American Civil Liberty Union ("ACLU") where he proudly fought for civil rights and civil liberty, to his nomination and appointment as the first Asian Amerian to the federal bench in the district.

In an informal classroom setting over pizzas and sodas, Judge Chen talked about his perspectives on being the first Asian American judge in the district that historically has been the home of the most prominent Supreme Court decisions affecting Asian Americans as ethnic groups, including Korematsu v. U.S. (upholding the imprisonment of Japanese Americans during World War II - a decision that was later overturned by the Honorable Marilyn Patel in a petition for writ of error coram nobis, vacating Korematsu's conviction on grounds of "manifest injustice"), Yick Wo v. Hopkins (striking down discrimnatory laundry ordinances in San Francisco), Lau v. Nichols, (mandating biligual education program); and Wong v. Hampton (striking down federal civil service rules exclusing noncitizens from employment).

Judge Chen began his speech with a survey of the audience, asking whether any of them had ever thought of becoming a judge. In response to the dozens of hands in the air, Judge Chen said that when he was a law student, the concept of ever becoming a judge as an Asian American was novel to him in the late 1970s. Filled with anecdotal stories and insight to the judicial system and the legal practice, Judge Chen talked about his transitions from private practice, public interest, to the bench. While not every legal position he had dealt with civil rights, Judge Chen said every step was a cornerstone for the next job. At the private practice, he learned the basics of litigation, which enabled him to run his own cases at the ACLU.

At the ACLU, he focused on cases involving race and language discrimination - cases that were mostly unpopular and politically challenging, including a case challenging Alabama's refusal to provide lanague assistance to non-English speakers seeking to obtain a drivers license, and another case challenging an outdated federal security statute banning Vietnamese fisherman from commercial fishing because they had not yet attained U.S. citizenship. Sometimes, it also meant setting aside personal feelings to defend civil rights and civil liberty causes. In another case, he successfully represented a chapter leader of the Klu Klux Klan from Modesto in a case involving First Amendment issues - he and the client did not stay in touch after the case ended.

Judge Chen also shared his candid views on the transition from a political legal advocate to a judge whose role focuses on the application of the law. In responding to a question regarding "judicial activism", Judge Chen admitted that while his experiences at the ACLU and his strong convictions for civil rights and civil liberty causes shaped him, he had to set politics aside as a judge, even when he did not personally agree with the laws.

On a lighter note, while encouraging other Asian American attorneys to seek judicial appointment, Judge Chen joked about liking being the only Asian American on the bench in the district that he would not be mistaken for another Asian American judge, although his former law clerk Edwin Prather was once mistaken for him at the courthouse - Judge Chen insisted that he is better looking than Prather.

Judge Chen also advised students to have a clear vision of where their passions are, while not insisting on getting their "dream" jobs first out of law school. "Listening to Judge Chen gave me a long term perspective -- I do not have to change the world in my first few years of being a lawyer but I can thread civil rights into everything I do. Protecting civil rights can be a way of life, not just a cause to be championed," said Eddy Hsu, a second-year law student at University of San Francisco. "Judge Chen was engaging, humorous, and thought-provoking as usual. Most importantly, Judge Chen was inspirational... I think it is sometimes difficult for students to imagine where they will be in 10 or 20 years down the line and if they will ever achieve their career aspirations.

Judge Chen helped alleviate that anxiety that most law students have by encouraging the students to work towards their goals and also addressing that the paths to their goals are not always straight paths," said Anthony Wan, a third-year law student at U.C. Hastings. The speaker event was co-sponsored by the CRC and Golden Gate University Asian Pacific Islander American Students Association. The event was part of the speaker series that the CRC sponsors periodically featuring distinguished Asian Americans in the legal community.

The CRC is comprised of progressive attorneys and law students who are involved with various civil rights issues. The Committee assists the AABA Board in formulating strategy, educating members, and acting upon issues that affect the civil and legal rights of the Asian American community and other minority groups. The Committee is currently supporting AABA's participation in the Bar Association of San Francisco's ("BASF") Diversity Task Force, recently revived and headed by Bill Lann Lee, and Jim Finberg of Lieff Cabraser, and Joan Haratani, BASF's President-Elect. The Task Force will draft a report later this year setting forth specifics about what has worked and what has not worked for Bay Area law firms with respect to promoting diversity. Another project that the Committee is undertaking next year is a task force that will monitor the Bay Area law schools' faculty hiring practices to ensure diversity and minority representation.

If you are interested in being involved with the CRC, please contact one of the co-chairs for next year, Juna Kim at juna_kim@hotmail.com, Eddy Hsu at eshu1@usfca.edu@yahoo.com, or Anthony Wan at anthonywansf@gmail.com.