Denny Chin - CONFIRMED

United States Court of Appeals for the Second Circuit

On October 6, 2009, President Obama nominated Southern District of New York federal judge Denny Chin to a seat on the United States Court of Appeals for the Second Circuit.  President Obama said Judge Chin "displayed exceptional dedication to public service throughout [his] career[]," and noted his record of "serv[ing] on the bench with distinction in New York." 

Our in-depth review of his record shows Judge Chin to be a fair minded jurist, who exercises great care and a keen attention to detail when deciding cases.  He is committed to upholding the Constitution's promise of equal justice for all, not a select few. 

A Background of Achievement and Dedicated Public Service

Judge Chin, an immigrant from Hong Kong who moved to the United States when he was two years old, grew up in New York City's Hell's Kitchen neighborhood where his mother worked as a seamstress and his father as a cook in Chinese restaurants.  He graduated magna cum laude from Princeton University and earned a J.D. from Fordham University School of Law.  If elevated to the Second Circuit Court of Appeals, Judge Chin would be the only active Asian American federal appellate court judge in the United States (the only other Asian American appellate judge, Judge Atsushi Tashima of the Ninth Circuit Court of Appeals, took senior status in 2004).

Before becoming a judge, Denny Chin had a varied career.  He worked in private practice for five different firms, including his own.  He clerked for Southern District of New York Judge Henry F. Werker and served as an Assistant United States Attorney.  For more than a decade, he was an adjunct professor at Fordham Law.  He belonged to and served on the board of organizations including the Brooklyn Center for Urban Environment, Care for the Homeless, Hartley House, and St. Margaret's House.  For his work and public service, he has received many honors, including from Fordham Law, Sanctuary for Families, the Asian American Justice Center, the National Asian Pacific American Bar Association, and the U.S. Attorneys Office.

An Excellent Judicial Record

In 1994, Judge Chin was nominated by President Clinton as a United States District Court Judge for the Southern District of New York.  On the bench, Judge Chin has a stellar record.  In the Almanac of the Federal Judiciary, attorneys praise him with comments such as: "He is an excellent judge."  "His soft-spoken, calm demeanor shouldn't be underestimated … He will do the right thing. He is not a person who shies away from deciding a tough case or controversy." Judge Chin also has an extremely low reversal rate.  In his fifteen years on the bench, he has presided over 4,700 civil and 650 criminal cases, issuing over 1,500 opinions, but has been reversed, in whole or in part, only around 40 times.  Moreover, he sat by designation on the Second Circuit in over 80 cases and published nine written opinions for that court.  The American Bar Association has given Judge Chin its highest rating.

Judge Chin was an employment law specialist prior to becoming a judge, mostly litigating cases on behalf of plaintiffs.  As a jurist, his record is balanced.  In most cases alleging a hostile work environment he rules in favor of the defendant, but he has allowed plaintiffs to proceed with meritorious claims.  See, e.g., Goldschmidt v. N.Y. State Affordable Hous., 380 F. Supp. 2d 303 (S.D.N.Y. 2005); Flakowicx v. Raffi Custom Photo Lab, Inc., 2004 U.S. Dist. LEXIS 18367 (S.D.N.Y. 2004).

Significantly, Judge Chin's record beyond the employment discrimination area indicates a willingness to preserve a party's claim and ensure the right to access the courts.  For example, Judge Chin's record on preemption shows a keenly discerning approach to this nuanced area of law.  See Chopra v. Display Producers, Inc., 980 F. Supp. 714 (S.D.N.Y. 1997) (sexual harassment not preempted by the LMRA); Tandon v. United Air Lines, 926 F. Supp. 366 (S.D.N.Y. 1996) (Warsaw Convention did not preempt common law negligence claim).  Similarly, he rejected arguments that the Prison Litigation Reform Act barred a prisoner from suing over asbestos exposure. Crawford v. Artuz, 1999 U.S. Dist. LEXIS 9552 (S.D.N.Y. 1999).  

Judge Chin has a wealth of experience in business and consumer litigation from time spent as a judge on the Southern District of New York, a court known for handling a particularly large number of these cases.  In addition to presiding over the Madoff case, Judge Chin oversaw litigation and sentencing in cases addressing the Iraqi oil-for-food scandal.  U.S. v. Chalmers, 474 F. Supp. 2d 555 (S.D.N.Y. 2007).  Judge Chin has ruled on many cases addressing consumer protection in some form.  For example, he forced Pfizer to remove advertising claiming that its product Listerine was as effective as floss at fighting plaque and gingivitis, ruling that the ads posed a public health risk and undermined the message of dental professionals.  McNeil-PPC, Inc. v. Pfizer Inc., 351 F. Supp. 2d 226 (S.D.N.Y. 2005).

In his First Amendment opinions, Judge Chin uses a thoughtful, reasoned approach, applying the facts and precedent rather than personal ideology.  In a case demonstrating his commitment to freedom of speech, and his strict adherence to precedent, Judge Chin compelled the City of New York to issue a parade permit for the controversial Million Youth March (MYM) in Harlem.  Million Youth March, Inc. v. Safir, 63 F. Supp. 2d 381 (S.D.N.Y. 1999).  However, he is also mindful of countermanding governmental interests. See, e.g., Zalewska v. County of Sullivan, 180 F. Supp. 2d 486 (S.D.N.Y. 2002) (rejecting a government employee's claim that the First Amendment protected her right to wear a skirt rather than the standard pants uniform). 

Across the broad range of criminal matters coming before his court, Judge Chin carefully balances the needs of law enforcement with the rights of prisoners and the accused, while faithfully operating within the confines of the law.  In criminal procedure matters, Judge Chin has ruled both for and against motions to suppress evidence.  Judge Chin's record on Sixth Amendment issues is solidly within the mainstream.  Although denying relief in most cases, Judge Chin's detailed opinions paid close attention to the facts of each case and consistently followed governing legal standards.  On sentencing, Judge Chin is most famous for sentencing Bernard Madoff to 150 years in prison and the vast majority of his determinations were either not challenged or upheld.  But see U.S. v. Leung, 360 F.3d 62 (2d Cir. 2004) (reversed in part for issuing too high a sentence), U.S. v. Rizzo, 349 F.3d 94 (2d Cir. 2003) (same).

In nominating Judge Chin to the Second Circuit Court of Appeals, President Obama selected a thoughtful and fair-minded judge.  His record indicates that he approaches cases with an open mind, and considers the law and facts carefully before ruling.  We commend the President for picking a nominee with a strong voice who is committed to our nation's core constitutional values.

» AFJ Report on Denny Chin (pdf)