Community
125 Years Late, Chinese Lawyer Earns Right to Practice Law in California
By Denny Walsh, Sacramento Bee
Acknowledging a “sordid chapter” in state history, the California Supreme Court ruled last week that a Chinese immigrant denied the right to practice law in California 125 years ago because of his race should be licensed posthumously.
The unanimous ruling came in response to a petition filed in 2014 by the Asian Pacific American Law Students Association at UC Davis.
The petition asked the high court to “right this historic wrong” by ordering the late Hong Yen Chang admitted to the State Bar of California.
“More than a century later, the legal and policy underpinnings of our 1890 decision have been discredited,” said Monday’s unsigned court opinion. “Even if we cannot undo history, we can acknowledge it and, in so doing, accord a full measure of recognition to Chang’s pathbreaking efforts to become the first lawyer of Chinese descent in the United States.”
The court’s ruling further stated that California’s courts and people “were denied Chang’s services as a lawyer. But we need not be denied his example as a pioneer for a more inclusive legal profession.”
UC Davis law professor Gabriel “Jack” Chin, who acted as faculty adviser to the law students on the project, called Monday’s ruling gratifying.
“I had known about this matter for 20 years. In 2011, the students and I began working on it. Now, it is very gratifying to see such a wonderful, scholarly ruling from the Supreme Court.”
Chin called it “particularly poignant that this historic decision comes from what is perhaps the most diverse state Supreme Court in the country, at the request of the UC Davis APALSA future lawyers, many of whom would have been barred under the 1890 decision.”
The court is made up of three Asian Americans, two white women, a Latino and a black.
“This is a historic moment for all Chinese Americans in California because a terrible wrong has been righted today by the California Supreme Court,” said Rachelle Chong, a California lawyer and a grandniece of Chang, in a statement released by the UCD law school.
Chang came to the United States at age 13 in 1872, as part of a program to teach Chinese youths about the West. He graduated from Phillips Academy in Massachusetts in 1879 and attended undergraduate school at Yale University. He received a Columbia Law School degree in 1886.
Two years later, he was licensed by the New York bar, becoming “the only regularly admitted Chinese lawyer in this country,” according to a front-page story in The New York Times on May 18, 1888.
But Chang hit a wall when he relocated to California and sought admission to its bar. A state statue allowed only citizens or people who were eligible for citizenship to practice law.
The state high court denied Chang’s motion, holding that natives of China could not become citizens under the federal Chinese Exclusion Act of 1882. The naturalization certificate that Chang had obtained in New York, it said, “was issued without authority of law, and is void, it being conceded that the holder of it is a person of Mongolian nativity.”
In this week’s opinion, the court noted that understanding the state’s original denial of his right to practice law “requires a candid reckoning with a sordid chapter of our state and national history.”
Chang returned to China in 1907 and carved out successful careers in foreign service and finance. He later returned to California and died in Berkeley in 1926.
At the time of his death, the Chinese Exclusion Act and California’s citizenship requirement for State Bar membership were still in effect.
Led by partner Jeffrey Bleich, the law firm of Munger, Tolles & Olson LLP represented – without compensation – the UC Davis law students in their presentation to the Supreme Court.
The students argued that admitting Chang “would serve the public interest,” noting that the 1890 opinion bearing his name “closely associates Mr. Chang with this state’s and the nation’s history of discrimination against Asian Americans.”
Activism
Oakland Post: Week of April 24 – 30, 2024
The printed Weekly Edition of the Oakland Post: Week of April 24 – 30, 2024
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Alameda County
DA Pamela Price Stands by Mom Who Lost Son to Gun Violence in Oakland
Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018.
Publisher’s note: Last week, The Post published a photo showing Alameda County District Attorney Pamela Price with Carol Jones, whose son, Patrick DeMarco Scott, was gunned down by an unknown assailant in 2018. The photo was too small for readers to see where the women were and what they were doing. Here we show Price and Jones as they complete a walk in memory of Scott. For more information and to contribute, please contact Carol Jones at 510-978-5517 at morefoundation.help@gmail.com. Courtesy photo.
City Government
Vallejo Welcomes Interim City Manager Beverli Marshall
At Tuesday night’s Council meeting, the Vallejo City Council appointed Beverli Marshall as the interim city manager. Her tenure in the City Manager’s Office began today, Wednesday, April 10. Mayor Robert McConnell praised Marshall’s extensive background, noting her “wide breadth of experience in many areas that will assist the City and its citizens in understanding the complexity of the many issues that must be solved” in Vallejo.
Special to The Post
At Tuesday night’s Council meeting, the Vallejo City Council appointed Beverli Marshall as the interim city manager. Her tenure in the City Manager’s Office began today, Wednesday, April 10.
Mayor Robert McConnell praised Marshall’s extensive background, noting her “wide breadth of experience in many areas that will assist the City and its citizens in understanding the complexity of the many issues that must be solved” in Vallejo.
Current City Manager Michael Malone, whose official departure is slated for April 18, expressed his well wishes. “I wish the City of Vallejo and Interim City Manager Marshall all the best in moving forward on the progress we’ve made to improve service to residents.” Malone expressed his hope that the staff and Council will work closely with ICM Marshall to “ensure success and prosperity for the City.”
According to the Vallejo Sun, Malone stepped into the role of interim city manager in 2021 and became permanent in 2022. Previously, Malone served as the city’s water director and decided to retire from city service e at the end of his contract which is April 18.
“I hope the excellent work of City staff will continue for years to come in Vallejo,” he said. “However, recent developments have led me to this decision to announce my retirement.”
When Malone was appointed, Vallejo was awash in scandals involving the housing division and the police department. A third of the city’s jobs went unfilled during most of his tenure, making for a rocky road for getting things done, the Vallejo Sun reported.
At last night’s council meeting, McConnell explained the selection process, highlighting the council’s confidence in achieving positive outcomes through a collaborative effort, and said this afternoon, “The Council is confident that by working closely together, positive results will be obtained.”
While the search for a permanent city manager is ongoing, an announcement is expected in the coming months.
On behalf of the City Council, Mayor McConnell extended gratitude to the staff, citizen groups, and recruitment firm.
“The Council wishes to thank the staff, the citizens’ group, and the recruitment firm for their diligent work and careful consideration for the selection of what is possibly the most important decision a Council can make on behalf of the betterment of our City,” McConnell said.
The Vallejo Sun contributed to this report.
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