My Position on Bar Association Ratings

Are bar ratings fair & unbiased?

Although I wrote a post last year explaining why I would not be submitting an application to the various bar associations, I want to revisit the issue in light of what happened last time to a sitting judge. Bottom line is that my resolve not to submit myself to the bar association process has strengthened, so I want to explain why.

The general public may be confused about the role of bar associations. When a lawyer "passes the bar" and becomes a "member of the bar", this is not the same thing as joining a "bar association," which is not mandatory to join and does not regulate the profession. Bar associations do serve important functions of professional networking and advising best practices in the field. However, they do not regulate the legal industry or have authority over individual attorneys.

From my early career up until my transition to education (when I became a high school teacher to do my part to address the crisis of the achievement gap), I was a member of both the New York City Bar and New York State Bar associations. I served as the coordinator for the judges' committee for the national Moot Court competition for the former, and as Secretary of the Professional Disciplinary Committee for the latter.

I have never been a subject of any type of disciplinary action or client complaint, and I made a name for myself litigating for the First Amendment protections for street artists; protecting against sexual harassment and gender discrimination in the fashion industry; and combating racism in all sectors of society. I had quite a few cases in the news where customers found the "n" word (and other cultural equivalents) on their dining receipts. Thanks to our actions, the restaurant industry has pretty much disabled the option to input customer descriptions on the point of sale apparatus.

My very first case right out of law school was a personal injury suit filed in Queens Civil Court. I was able to successfully negotiate an agreeable settlement that seeded my practice and brought more clients. I had my own firm on Broadway in Elmhurst, Milner Law Office, PLLC, and my motto was, "Affordable Justice for Hardworking People." I saw a critical need for legal services that served folks who made too much to be able to utilize free legal services agencies, but were nevertheless living pay check to pay check. I litigated a variety of cases in a variety of courts, local, state and federal, but the crucial thing to note is that I am the only candidate with actual experience bringing cases in the court where I am running to serve as a judge. Moreover, I have served in a quasi-judicial capacity in Queens Civil Court for over a decade as an arbitrator for the Part 137 Attorney Client Fee Dispute Program.

My opponent works for City Bar as an administrator scheduling networking lunches every month. Before that, she apparently did immigration law, which is federal practice and has nothing to do with Queens Civil Court. I heard that they placed her in Small Claims Court so that she can claim that she has some sort of "judicial experience," but there are no strict rules of evidence or civil court procedures in that venue.

I highlight both our experiences and background to point out that we are definitely not similarly situated. She will submit herself to get a bar association rating and will undoubtedly get an "Approved," maybe even "Highly Approved," but that would be pushing it. Despite her lack of experience in the court she hopes to preside over, there is no chance she will get an "Unapproved" because she works for City Bar, has collected signatures for political candidates, and has done pro bono service to non-profits apparently connected to the Democratic Party machine. As a matter of fact, a district leader who is listed as one of her endorsers on her website called me early on when I registered my candidacy to scream at me, "Eve has been waiting two years for this! Why are you trying to take this seat from her?!? She has paid her dues - you have not!!!" My response, "These judicial seats belong to We the People and I'm not going to sit back and watch another political hack get rewarded with a Party favor. Let the People decide who they want to be their judge!"

In a fair world, if I submitted an application to the bar associations, there should be a "Highly Approved" rating. Last year, I had no reason to suspect that I could get an "Unapproved" rating, as that would have been preposterous, but still I did not want to go through the process when it is not required:

The Rules Governing Judicial Conduct do not require a judicial candidate to participate in any screening process to determine his/her qualifications for judicial office, whether conducted by a political party, a bar association, or an independent judicial election qualification commission. (22 NYCRR 100.5)

As a constitutional rights attorney, the First Amendment rights and protections are sacrosanct. The bar associations strong arm candidates to comply by giving them an automatic "Unapproved" rating when they don't. This type of compelled speech is repugnant to the First Amendment and I will not comply on that basis alone.

After what happened to a sitting judge last year, I have even more cause for alarm. The Hon. Wendy Li, who ran for Queens Surrogate, received all "Highly Approved" and "Approved" ratings from all the bar associations just a few short years before when she first ran for Civil Court, then shockingly received an "Unapproved" rating last year from City Bar despite a "Highly Approved" rating from one of the local bar associations. Even the press had a hard time with that, but City Bar refused to make their decision transparent.

We have no idea who serves on these panels, what their process is, and how these ratings are determined. As a civil rights attorney, you better believe I made enemies in Big Law. No, I do not trust the process. I am not required to submit an application to the bar associations and I will take my automatic "Unapproved" rating. The machine media complex will report I am "Unapproved" without the context. Their minions will splash it all over social media to smear me. I'm letting folks know ahead of time to mitigate the damage, but it is what it is, and no one can force me to do something I don't think is right. Isn't that the kind of independent, free-thinking judge you deserve?