Asian American and Pacific Islander Heritage Month
On May 10, 2024, Judge Deborah Thorne wrote an excellent piece for Judges’ Java profiling bankruptcy judges of Asian descent, past and present, to commemorate AAPI Heritage Month. The profiles of the ten judges (seven of whom are currently active) are inspirational, and I encourage you to re-visit their stories [here.] I missed the cut to be included in Judge Thorne’s article by two months having been appointed to the S.D.N.Y. bankruptcy bench in July 2024. So, I thought AAPI Heritage month 2026 would be a good opportunity to supplement Judge Thorne’s article with my background.
My family immigrated to America from South Korea in 1989 when I was six years old. We initially settled in Buffalo, NY but soon thereafter moved to Dallas, TX (I remain a Bills fan and was never a Cowboys fan). My parents tried their hand at running various businesses including a liquor store, a gas station, and a grocery store. But the American Dream proved elusive, and we struggled financially. When I was in college, a Chapter 7 discharge granted my parents a fresh start.
It was clear to me at an early age that I would be responsible financially for any higher education I would obtain. As soon as I turned sixteen, I spent much of my time working jobs and strategizing ways to cover college costs. I took extra courses so I could graduate early and save one year’s worth of undergraduate tuition and living expenses. I worked extra hours to pay for an LSAT prep course and for travel expenses to visit law schools I was considering attending. These efforts ultimately led me to New York City where I attended Fordham Law School and began my legal career.
Judge Thorne’s article highlighted an unfortunate fact: the bankruptcy bench is by far the least diverse in the federal judiciary. A comprehensive survey performed roughly a decade ago by the Brennan Center for Justice (which is still the most recent survey of its kind) showed that, while 25% of Article III judges and 15% of magistrate judges are ethnically diverse, only 7% of bankruptcy judges are people of color. When I became the nominee to fill the NYSB vacancy in 2024, I learned that I would be the first bankruptcy judge of Asian descent in the Second Circuit. This is in stark contrast to the melting pot that is New York, in which there is well in excess of 2 million Asian Americans constituting almost 11% of the state’s population.
The benefits of a diverse bankruptcy bench are well understood. A bench that more-closely resembles the community it serves engenders greater trust from that community. Further, having judges from differing backgrounds provides the bench with greater perspective and deeper understanding on matters and parties that come before it. To its credit, the NCBJ’s mission includes a commitment to diversity among members of the bankruptcy bench, and it currently supports this objective by, among other things, funding internships through the JTB (Just the Beginning) Summer Judicial Internship Diversity Program and subsidizing several junior attorneys’ attendances at the NCBJ Annual Conference through the Blackshear Presidential Fellows Program.
Recently, the NCBJ DEI Committee prepared a document for the Futures Committee titled “Closing the Gap: The NCBJ’s Role in Building the Pipeline to the Bankruptcy Bench,” [a copy of which is available here]. The paper stated that the primary reason for the lack of diversity on the bankruptcy bench is the lack of diverse candidates in the applicant pool. The paper then discussed the stages of an attorney’s development (i.e., law school, judicial internship, judicial clerkship, early practice, mid-career development, and senior practice) and ways to foster an attorney’s interest in a bankruptcy judgeship at each stage. The paper concludes with thirteen recommendations to the NCBJ on how it can lead the effort to increase diversity on the bankruptcy bench. I believe the recommendations are sound and encourage you to review this comprehensive paper.
At the risk of over-simplification, an overarching theme throughout the Futures Committee’s paper is the need to provide effective exposure, opportunities, and mentorship to diverse law students/attorneys who could eventually join the bankruptcy judgeship applicant pool. This method works. I know, because it describes my path to the bench. I was the first in my family to attend law school and had zero meaningful exposure to attorneys before attending law school. A judicial internship with Bankruptcy Judge Arthur J. Gonzalez (ret.) ignited my interest in bankruptcy. Mentorship by Michael L. Cook, Esq. in private practice exponentially increased my knowledge of bankruptcy law. Judicial clerkships with Bankruptcy Judges James M. Peck (ret.) and Stuart M. Bernstein (ret.) crystallized my interest in becoming a bankruptcy judge. Attending two “Roadways to the Bench” programs in 2019 and 2023 provided me with valuable insight about the bankruptcy judgeship selection process. These experiences provided me with the tools and confidence to be a competitive applicant.
I commend the NCBJ on its recognition of this ongoing issue and the need for further action. As bankruptcy judges, we have the power to influence and support the careers of young attorneys. I hope you will join me in taking advantage of opportunities to inspire the next generation of bankruptcy judges, including those who think a judgeship is improbable because of their ethnic background.