Posted April 7, 2003
Chin Shares Experiences as Federal District
Court Judge
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| Judge Denny Chin spoke informally
to students at an event sponsored by APALSA April 1. |
As a federal judge in the Southern District
of New York, Judge Denny Chin sees some of the most cutting-edge
cases in the country, so much so that three of his cases were
used as plots for the popular Law and Order television
series. But Chin's position is unique for another reason as well—he
was the first Asian-American appointed to a federal district court
judgeship outside the 9th Circuit, and is now just one of six
Asian-American Article III judges today. Chin spoke informally
to students in a discussion organized by the Asian
Pacific American Law Students Association (APALSA) April 1
at the Law School.
"It is probably the most important trial
court in the country, given its location in New York City,"
Chin said.
From his decision ruling that Megan's Law could
not be applied retroactively to offenders convicted before the
law was enacted (earning him the unwelcome nickname of "pervert's
pal" from detractors), to his decision overruling former
Mayor Rudy Giuliani's decision to block the Million Youth March,
led by controversial black power leader Khallid Abdul Muhammad,
Chin sees it all. He rules over civil and criminal cases, commercial
cases, contract cases, murder cases, narcotics cases, "boiler
room" cases—and even the lawsuit regarding pictures
published in Penthouse that were purportedly of tennis
star Anna Kournikova; the real subject of the photos sued the
magazine for printing pictures of her sunbathing topless on a
public beach in Miami.
Chin's path to his judgeship offers a compelling
parable of an immigrant's success. His family moved to the United
States in 1956 from Hong Kong under the Refugee Relief Act when
he was just 2 years old. His grandfather had already established
himself in America as a waiter, and his father became a chef and
his mother worked as a seamstress. A graduate of Princeton, Chin
couldn't get a paying job after his first year at the Fordham
University School of Law, so he interned for a judge in New York's
Southern District, then clerked for the same judge following graduation.
"I saw what a great job [being a federal
judge] was," he said. That summer he mapped out his career
and followed it almost to the letter. He worked for law firm Davis
Polk after his clerkship, then became an Assistant U.S. Attorney
for four years, and later started his own firm with friends.
"We never quite got the hang of developing
business—that was the hard part," he said.
He then specialized in employment law at another
firm. When he applied for the judgeship, he was just 39, but there
were 10 vacancies in the Southern District of New York for President
Clinton to fill.
Although he went through an extensive background
check, "my confirmation hearing took about five minutes,
maybe three minutes—it was that simple."
"It was a very vigorous job process because
once you have the job you have it for life," he added.
Part of the reason life tenure is so important
is so that judges will not be unduly influenced by public opinion,
he said, although he is careful to consider both sides of an issue
in his judgments.
Chin described one difficult case, the "Candyman"
case, where federal agents had issued subpoenas around the country
to anyone who had submitted their email address to a web site
that gave access to child pornography once you were made a member
through that address. With membership, the site offered the options
of chat rooms, surveys, and "vids and pics" for "people
who like kids." The government argued it had probable cause
to search the homes of people who had entered their address, but
Chin granted one defendant's motion to suppress. He concluded
it was not reasonable to permit the government to search the homes
and seize the computers of thousands of individuals merely because
their e-mail addresses were entered into a website, where, in
addition to gaining access to child pornography, they could engage
in text-based activities such as participating in chat rooms and
answering surveys.
"It may be disgusting, but it's protected
activity," he said. He was the sixth judge to address a motion
to suppress in cases around the country, and he was the first
to grant the motion. Since his decision, one of the other judges
has changed her mind and a third judge has suppressed as well.
Although Chin said that by and large he has
not experienced discrimination as a judge, there have been some
incidents that happened because of his race. Three weeks after
Chin ruled on a commercial breach of contract case involving plaintiff's
lawyer Larry Klayman, Klayman wrote a letter to Chin asking if
he had any connection to John Huang or the Democratic National
Committee. At the time, both were being investigated for alleged
illegal fundraising activities.
"It was clear the only reason he asked
me these questions was because I'm Asian-American," Chin
said. He directed Klayman to explain the letter and in open court
Klayman stated that he had written the letter because Chin was
Asian. Klayman explained that he and his client were concerned
that Chin had ruled against them because Klayman had engaged in
activities that some had portrayed as being anti-Asian. Klayman
later alleged in a brief that because minorities cannot obtain
positions in high places without the support of their communities,
Chin could not have gotten his appointment without the support
of John Huang. While the lawyer was not a member of the New York
Bar, Chin sanctioned him, revoking his pro hoc admission membership
granted to argue the case. When Klayman appealed, the 2nd Circuit
affirmed Chin's sanctions.
In another case, Chin tried to offer some off-the-record
advice to a young Korean-American lawyer who had turned an attempt
to collect on a note into a RICO case. The lawyer turned around
and made a motion that Chin recuse himself from the case, saying
Chin was "too hard on him because he was Asian-American."
"In nine years I've had two incidents and
I think I dealt with them just fine," Chin said.
Chin said he felt diversity on the bench was
a valuable goal, since it may help some plaintiffs or defendants
understand that the legal system represents them as well. The
West Coast has a large number of experienced Asian-American litigators,
and the East Coast is quickly catching up.
"I think in time we'll get more Asian-American
judges as these Asian-American litigators get more experience
under their belts," he said.
While he said stereotypes about Asian-Americans
still exist and sometimes rise to the surface, women, for example,
may face more challenges in battling discrimination.
"Often being a woman places you at a disadvantage
at many big firms," he said. "It's rare than an institutional
client gets handed down to a woman."
By contrast, "it's hard to say whether
being Asian-American is going to place anyone at a disadvantage,"
he said. Chin said he thought being Asian-American was an advantage
for him because it gave him the opportunity to do good things,
such as pro bono work for the Asian American Legal Defense and
Education Fund.
He said there may be parts of the country that
are less tolerant, noting that there's no question that some Asian-American
lawyers feel held back. "Is there rampant racism? I don't
think so," he said. "I think you can overcome these
things—that's what I really think." But he added that
it was important to remember the history of Asians in the United
States, and mentioned in particular the Korematsu case and the
Japanese internment camps during World War II.
On the other hand, because he is one of few
Asian-American federal judges, "I know that I have to do
a good job, because I know that if I screw up, it's not just me,"
it will be the "Chinese judge" that screwed up. He recalled
when the Houston Rockets came to town, along with the team's new
star, Yao Ming, his younger children were excited about going
to the game. His 8-year-old felt torn and said, "'I love
the Knicks, but I love Yao.'" There were several more Asian-American
faces in Madison Square Gardens that night too. "He clearly
represented something for a lot of people," he said.
When asked what types of questions he asks clerkship
candidates, Chin said he always asks candidates to tell him about
themselves. Good candidates will often lead the question into
a conversation. "I'm looking for people who are smart, I'm
looking for people I can work with," said Chin, who gets
500 applications for clerkships every year. He also asks them
a hypothetical, noting it is much more important to show balance
and reasoning than arguing for a right or wrong answer. He called
clerking "difficult," but rewarding at the federal court
level.
"You see how our system works," he
said. "The federal court is the place to be."
He encouraged students at the discussion to
be Assistant U.S. Attorneys as well, even if the eventual goal
is private practice, because it is rewarding work and a great
experience, and also gives you "instant credibility"
among judges.
When asked about affirmative action, Chin expressed
mixed feelings. He said he had been a beneficiary of affirmative
action, but noted that in many colleges affirmative action may
hurt Asian-Americans' chances of admittance since they are often
not given the same plus-factor as other minorities. His own son
attended Stuyvesant High School, a top public school in New York
which bases admittance solely on a test. The students were about
55 percent Asian-American, when the population in New York City
is only about 10 percent Asian-American. On one hand, many Asian-Americans
have done very well in America, he said, but more recent immigrants
often face serious problems and prejudice and might be deserving
of some special consideration.
"I think it's real important to have diversity"
at the universities, he said. "The Michigan case is a tough
case because of the way it's done with the numbers."
"We're in a complicated situation. We're
minorities in some ways, we've done well in some ways," he
said, adding that it's still important to be involved in the Asian-American
community, a goal Chin tries to honor by accepting as many invitations
to events as possible.
"It's real important for you to be
involved," he said. "You need to be an activist wherever
you land, whether it be at a big firm by doing pro bono work and
being involved in the community or doing something else in the
public interest."
• Reported by M. Wood