Profiles in D&I Leadership

The Diversity, Equity, and Inclusion Communications Subcommittee coordinated a series of judicial interviews focusing on federal judges’ experiences and life-lessons. What follows is the compilation of profile articles that resulted from the Subcommittee’s efforts. Thank you to each of the judges and their interviewer for their time and commitment. And thank you to Tara Norgard and Lisa Kpor, the respective past and present Committee chairs, for their support of this work.

Kiera Murphy Member of the DEI Communications Subcommittee

All profiles originally published in fedbarblog.

Hon. Nannette Brown

Judge of the United States District Court for the Eastern District of Louisiana

by Eura Chang

Chief Judge Nannette Jolivette Brown is chief judge of the United States District Court for the Eastern District of Louisiana. When she was appointed by President Barack Obama in 2011, Chief Judge Brown became the first African American woman to serve on any Louisiana federal district court. Before her appointment to the bench, she served as deputy mayor and city attorney for the city of New Orleans. The chief judge joined Eura Chang, a recent law school graduate, to discuss, among other things, the important roles of community-building and respect in diversity and inclusion efforts.

Eura Chang: Because it was the Federal Bar Association that brought us together, could you tell us what you have enjoyed about being a member of the FBA, and why you would encourage new attorneys, like myself, to join?

Chief Judge Brown: I was always quite aware of the pressures and expectations of always being the first minority in certain environments, so I knew it was important to be involved in the bar and in the community in New Orleans. The FBA has such a wide variety of ways you can get involved, big and small, and they have such a wonderful reputation with the federal court here. It has evolved tremendously from the association I enjoyed over 30 years ago to the one that I ultimately became president of in 2019. It is so much more inclusive, so much more engaged. It is an organization that I’m so proud to be a part of. Being involved in the FBA has allowed me to grow professionally as well as personally.

EC: Well, you’ve sold me on getting more involved with the FBA chapter in Minnesota! Earlier in your response, you touched on, I think very humbly, often being the first as a woman of color, but I do want to recognize that when you were appointed by President Barack Obama to the court of the Eastern District of Louisiana in 2011 that you became the first Black woman to be sworn to the federal district court in the state of Louisiana. I’d love to hear more about what you think is the importance of having diverse voices and backgrounds serving on the bench.

CJB: Look, there are a lot of qualified people, and I’m very humbled that I was chosen. When the people that are appointed to do this job are a reflection of the community at-large, that gives legitimacy and confidence to the people we serve. I am the first African American woman [on the Louisiana district court bench] but

I’m also among the first in my family to go to college and to graduate from college. I can tell you that when I look across the bench, I honestly connect with the litigants, the victims, those being prosecuted. My broad and inclusive background allows me to be less judgmental of the things that don’t matter and focus on the law. I truly believe that I can connect and understand and listen to everyone no matter their background because mine and my family’s is so varied and diverse. It is my job to put all my personal feelings aside and judge based on the merits of their case. I think the diverse experience I have allows me to do that. We don’t just want to be objective and fair; we want to appear objective and fair. That is what the law requires! When you look at the bench and there’s a variety of people with a variety of backgrounds, it illustrates the many freedoms that we have in this country and the rights and privileges that those of us here are sworn to uphold.

[On building respect in the courtroom]

CJB: I like to ask jurors what we can do better, and I always ask, “Did you feel respected?” I want to know if there were any needs that we did not meet, anything that we were insensitive about. In my chambers, we find this amusing because… ok, have you ever heard of Moon Pies? I provide a lot of snacks because I want to keep the jurors awake, and so once they complained, “Why do you have banana Moon Pies? Nobody eats banana, I need chocolate Moon Pies!” And so, I’m like “Ok! We’re fixing it.” But we do try to keep connected because you can never sacrifice your service to the public. And to the people who come here and rely so heavily on our system, we want to make sure that our employees understand what this building represents and what our responsibilities are to uphold that.

Things move efficiently [in the Eastern District of Louisiana] because we address our motions promptly and move our docket efficiently, and that’s out of respect. Clients and litigants should not be waiting around. It is a sign of respect for the people we serve. Everyone wants to demand respect, but you have got to be willing to extend it. It is a two-way street, and we have to set the tone as judges.

EC: I’m curious to hear your perspective as someone who has had a commitment to diversity and inclusion for her entire life and career. I live in Minnesota, which was the starting place of the uprisings following the murder of George Floyd. We recently passed two years since that summer and the increased focus, including from the FBA, on diversity and inclusion. How do you suggest that we keep this momentum moving forward and make sure that we continue to prioritize diversity and inclusion?

CJB: You really have to know your history and remember defining moments. I remember when I was growing up seeing photographs of Emmett Till that had been published in the African American media. That searing reality sticks with you. The circumstances surrounding his death was our justice system at its worst, and you really can’t sweep those things under the rug. Those are the things that we know about, and they represent so many of the things that we don’t see. You just can’t forget your history and having grown up in the segregated south, I am ever reminded of what happens when we ignore the realities around us, when we stop listening to people, when we separate ourselves on any ground. What makes this country so wonderful is our ability to open our hearts and minds to each other. I benefitted from that sort of open-mindedness as a child myself and I try to teach it to my own children and exercise it in my daily life. But what I’m so proud of is that there was a whole new generation of people in this country born long after me who didn’t live through the Civil Rights movement who saw that moment when George Floyd was killed and knew this is not the country they wanted. They wanted better not just for themselves but for their fellow Americans. We just can’t forget those moments because we don’t want to backslide. I try not to get too comfortable that I forget those uncomfortable moments. If we don’t know the tragic moments in our history, we’ll repeat them.

EC: Chief Judge, you are a trailblazer in the legal profession who has opened up a path for many to follow. Do you have any advice for those law students or new attorneys who might be considered the first in their field?

CJB: If you’re a lawyer, you know you take an oath. First priority is to serve honorably and abide by that oath. Embedded in that is how you treat people. I would also say to honor your values and don’t be afraid to be a changemaker. Sometimes it’s so much easier to just go along because it’s unpopular to speak out. I know that my presence, my mere presence, can make people feel uncomfortable so I try to work hard at upholding my values and being true to myself and my country by setting an example. If you’re in a position to make a difference and a change, then when the opportunity arises, you can’t be afraid. There’s also nothing wrong with noticing if someone feels like they don’t belong. It’s important to reach out when people have those feelings, and you should work hard to connect with people. We are more alike than unalike, like Maya Angelou said. When you can gain trust and confidence and when people know and understand that you have the same values, you can really make change. It’s much easier to persuade people to do the right thing and think more broadly then.

[On how trailblazing is not about charging forward by yourself, but about bringing others with you]

CJB: Because to be honest, I’m very humbled by that title. I’ve never thought of myself as a trailblazer. I’m so honored that people see that in me, and when I look around and consider where I came from to be here, it’s quite an accomplishment, and I’m very fortunate and appreciate that. There’s a point in your life when you realize that it just can’t be about you. You can’t get to the top of an organization or in the federal judiciary unless you have peers you can confide in and rely upon. Getting to the top is not really blazing and knocking anybody down. I often see that is a misunderstanding that people have. Accomplishing most things requires relationship building, requires gaining the trust and confidence and respect of your peers. You have to be willing to open doors for a peer, to provide some opportunity for someone else, know your own strengths and weaknesses so you can pair up with other people and be stronger and accomplish career goals together. People who really rise to the top have that skill, have that ability, and are inclusive on so many levels. I never thought of trailblazers so literally—people who are actually trailblazers have mastered the way of bringing people on board, gaining their confidence. That’s not necessarily what you think of trailblazing, it’s probably much more subtle than people realize. You can’t get to or stay at the top alone.

EC: I have just one final question—autumn is starting, and I’m curious what upcoming things you’re looking forward to this fall.

CJB: Well, it’s a new court season, I’m excited about that. In a couple of weeks, I’m going to Tel Aviv, Israel to participate in a delegation in the International Judges’ Association, so I’m very excited to interact with judges from all around the world. On a personal level, I’m looking forward to the holiday season because I have such a wonderful support system in my two children and my husband. October also begins a new judicial calendar, so I look forward to what my docket will be and the precedence from the circuit and Supreme Court. I’m excited about my new law clerks coming on board and what we will tackle next. I’m just looking forward to all those things. 

Eura Chang is an associate attorney at Lockridge Grindal Nauen PLLP in Minneapolis, MN where she works primarily in the antitrust and data breach practice groups. She recently graduated from the University of Minnesota Law School where she served as a Note and Comment Editor on the Minnesota Law Review, a student director in the Immigration and Human Rights Clinic, and Co-President of the Asian Pacific American Law Students Association.

Hon. Gustavo A. Gelpí

Judge of the U.S. Court of Appeals for the First Circuit

by Aaron J. Richards

A native of San Juan, Puerto Rico, Judge Gustavo A. Gelpí and his two younger siblings were raised by their parents, grandparents, and close relatives. His “very close-knit” family provided him with an enjoyable childhood and a strong foundation that has shaped who he is today. A proud father of two, Judge Gelpí has sought to follow the example his father set in both his legal practice and devotion to family. Growing up, Judge Gelpí went to bilingual schools where he studied Spanish and English. While recounting his childhood, Judge Gelpí noted that he was grateful for the principles instilled in him at home and in primary and secondary school at the Academia del Perpetuo Socorro, which he believes are reflected in his jurisprudence.

Judge Gelpí obtained his Bachelor of Arts from Brandeis University and his Juris Doctor from Suffolk University Law School. While in Boston, during the Larry Bird championship years, Judge Gelpí enjoyed supporting the hometown Boston Celtics, attending over 200 regular season and playoff games at the historic Boston Garden. To date, Judge Gelpí continues to support the Celtics, attending several games each year. He cherishes the many lessons learned from one of his greatest inspirations, Larry Bird, whom he views as a model of hard work, discipline, overcoming adversity, and going the extra mile. Judge Gelpí has sought to embody these characteristics in his everyday life and work.

Judge Gelpí has benefited from numerous mentors and role models throughout his life. Some of Judge Gelpí’s earliest mentors made a lasting impression on his career and work ethic. Judge Gelpí’s high school chemistry teacher, Mrs. Mariloly Lopez; World History teacher, Mr. José Leavitt; and his coach, Mr. Carlos Ruiz, pushed him to always go above and beyond his comfort level. While in law school, Judge Gelpí found a great mentor in civil procedure professor Joseph Glannon. His mentorship inspired Judge Gelpí’s love and passion for the law and his familiarity with civil procedure. After law school,

Judge Gelpí served as a judicial law clerk for the Honorable Juan M. Pérez-Giménez, United States District Judge for the District of Puerto Rico. Judge Pérez-Giménez was also a great mentor, friend, and an inspiration as a judge. While clerking for Judge Pérez-Giménez, Judge Gelpí met the Honorable David Souter, Associate Justice of the United States Supreme Court, when he had just joined the nation’s highest court. Over the years, Justice Souter and he remained in touch. Justice Souter became, and remains, a role model and a source of inspiration who Judge Gelpí has striven to emulate in his role as an appellate judge. In addition, Judge Gelpí has found role models and inspiration in the judicial leadership of other U.S. Supreme Court Justices, such as, the Honorable Sonia Sotomayor and the Honorable Stephen Breyer. In his time as a federal public defender, Judge Gelpí appeared before numerous judges of Puerto Rico’s federal district court and the First Circuit Court of Appeals, learning from, and developing meaningful relationships with, each judge.

For over 30 years, Judge Gelpí has been an active member of the FBA. He served as its National President and was the first Article III judge to serve in this capacity. Serving in numerous roles at the FBA prior to his presidency, Judge Gelpí was committed to diversifying the organization and focused on “promoting benchmarks, relationships, and judicial independence.” He credits the FBA with giving him the space to grow as an attorney and writer while serving as an editor of The Federal Lawyer

Judge Gelpí’s various professional experiences have shaped his perspective on the law and his "holistic" approach to adjudicating cases. Having served as a Federal Public Defender, Solicitor General for the Commonwealth of Puerto Rico, civil practitioner in private practice, magistrate judge, district court judge, and appellate judge, Judge Gelpí is keenly aware of the impact of his decisions on the community. Regardless of a litigant's background, he provides the same opportunity for each person to be heard and receive fair treatment. Over the course of his 15-year career as a magistrate and district court judge, Judge Gelpí authored more than 1,000 opinions and presided over almost 70 jury trials, with a reversal rate of less than 4%. Because of his work with the federal public defenders, Judge Gelpí believes that employing effective communication and treating criminal defendants with respect and dignity—no matter the charges against them—are indispensable to the administration of justice.

As a “living embodiment of Article III,” Judge Gelpí ensures that the Constitution and the laws of the country are upheld and protected. Judge Gelpí loves his job; even on his toughest days, he always goes home with the satisfaction and honor of having served his country. While serving as a district judge, he enjoyed settling cases and helping litigants leave with a favorable outcome for all. In criminal cases, Judge Gelpí strove to apply appropriate sentences and was gratified when former defendants became productive members of society. He cites sentencing as the toughest part of his job as a district judge. A happier judicial duty for Judge Gelpí is performing naturalization ceremonies for new U.S. citizens. Judge Gelpí has performed naturalization ceremonies in Puerto Rico, Guam, and Boston, and recalls with particular fondness a ceremony held in Boston where a diverse group of 400 candidates received U.S. citizenship. A highlight of these ceremonies for Judge Gelpí is reciting the Pledge of Allegiance at the ceremony's conclusion with the new citizens and their family members.

Another aspect of Judge Gelpí’s job in which he takes special pride is selecting judicial law clerks. As a former clerk himself, Judge Gelpí understands how vital clerks are to judges as well as how crucial a judge's mentorship is to his or her clerks, often maturing into a lifelong relationship. For this reason, Judge Gelpí personally reviews each application and interviews potential candidates. By considering a myriad of factors, Judge Gelpí selects clerks who are hard-working, amenable to peer review, experts in legal research and writing, and team players who contribute to the overall cohesion of his chambers.

When asked about his most memorable cases, Judge Gelpí shared two: the first Clean Water Act case tried in the United States before a jury, and a case involving the largest consent decree in the nation between U.S. Department of Justice and Puerto Rico’s Police Department. Judge Gelpí is proud of the progress the Puerto Rico Police Department made under his court monitoring, particularly the promotion of women and minorities into the highest ranks of the department based on merit and expertise. By requiring more training and instituting a full curriculum at the police academy, Judge Gelpí brought about tangible police reform during his oversight of the consent decree. From LGBTQ rights to rights under the Americans with Disabilities Act, Judge Gelpí has never hesitated to uphold the Constitution and to defend the rights afforded to each American.

As the first public defender to sit on the First Circuit, Judge Gelpí brings a unique perspective to panel deliberations and a holistic approach to the adjudication of appeals. During his Senate confirmation hearing, Judge Gelpí was amazed by the overwhelming support he received from various organizations and groups in Puerto Rico and across the nation. He often reflects on how blessed he is and how he holds this job in high esteem. Judge Gelpí stated that “this is a great nation with 200 plus years of history… and for two hours the country’s time was devoted to me during my confirmation hearing.” Even though Congress remains politically polarized, Judge Gelpí was grateful for the bipartisan support he received for his confirmation. Since his Senate confirmation, Judge Gelpí has enjoyed having the opportunity to set precedent for the First Circuit. Judge Gelpí strives for excellence in opinion writing and values the appellate peer review editorial process. Although he “could not be the Larry Bird on the basketball court,” he strives to be “the Larry Bird in the court of justice.” As such, Judge Gelpí drafts opinions that are meticulous, accessible, and rooted in the Constitution.

Reflecting on advice to share with future attorneys, Judge Gelpí encourages new attorneys to become learned in the law and participate wherever possible in trainings, moot courts, and mock trials. He recommends that law students take a variety of courses that expand their understanding of the law and lead them outside of their comfort zones. Similarly, he advises attorneys to cultivate well-roundedness, encouraging them “to try at least one case, work on an appeal, do pro bono work, and know a little bit about everything.” In addition, he recommends that young attorneys join organizations like the FBA, find mentors, and develop relationships with other attorneys and judges. He encourages new attorneys to not be afraid to speak up and out for what is right, because "we are a Democracy!” Most of all, Judge Gelpí implores each attorney and future attorney to remain ethical and continue putting in hard work, opining that nothing worth having comes easy.

Judge Gelpí cherishes his life’s story and would not change any chapter within it. He is most proud of keeping his commitment to being present for his children and all their important events, despite his busy schedule. Although Judge Gelpí makes numerous sacrifices in his capacity as a judge, he finds ways to make space for leisure reading, traveling, and spending time with his loved ones and friends.

An avid reader, in his spare time Judge Gelpí enjoys reading in both Spanish and English and across multiple genres, including science fiction, history, and biography. One of his favorite books is The Personal Memoirs of Ulysses S. Grant. In addition, he enjoys James Fenimore Cooper books, such as The Last of the Mohicans, as well as the John Carter of Mars and Tarzan of the Apes series by Edgar Rice Burroughs, among others. He also holds a 10,000-volume collection of comic books from his childhood. Aside from reading, Judge Gelpí enjoys watching sports and movies. His favorite movie genres are superhero movies and classic horror movies from the 1930s and 1940s. In particular, Hoosiers (1986), The Mark of Zorro (1940), and Frankenstein Meets the Wolf Man (1943) are among his favorites. As a former basketball and volleyball player, he continues to stay fit by jogging on the beach, swimming, and walking almost everywhere. Judge Gelpí also has a passion for travel. He has traveled throughout South America, Central Europe, and almost all of the United States— he has visited 45 of the 50 states and hopes to visit the last five states when work permits.

Looking forward, Judge Gelpí recognizes that technology has been essential to improving judicial efficiency but warns against lawyers using technology as a substitute for preparedness. As the landscape of the judiciary and the First Circuit evolve, Judge Gelpí is honored to be part of that change. Judge Gelpí looks forward to making his contribution to society and hopes to inspire the next generation to pursue a career that effects positive change in their respective communities. 

Aaron Richards is a third-year law student at North Carolina Central University School of Law. Aaron received a B.A. in Anthropology and minor in Spanish, cum laude with Advanced Honors Distinction, from Georgia State University. Currently, he serves as a 2022 Justice John Paul Stevens Fellow at the Federal Public Defenders Office (EDNC) in Raleigh, North Carolina. In addition, Aaron serves on the Communications Subcommittee for the Federal Bar Association’s Diversity & Inclusion Standing Committee.

Hon. Diane Humetewa

Judge of the U.S. District Court for the District of Arizona

by Harpreet Mahal

Harpreet Mahal: How did you decide to become a lawyer?

Judge Humetewa: I spent the first four years after college in the U.S. Attorney's Office providing advocacy services for victims of mostly violent crimes in Indian Country. After a couple of years, I started receiving encouragement from lawyers who would say to me, “You should think about going to law school. You need to be a prosecutor advocating for these victims in the courtroom.” I had never considered it before, because there were no lawyers in my family, extended family, or who I personally knew. One day I walked into my office and there were law school applications on my desk, and my supervisor said, “You really should fill these out.” I did what I was told, but I never thought that I would be accepted. But lo and behold, a few months later, I was! Then I had to decide whether I was going to leave a job that I really enjoyed and embark on this new educational path, of which I knew nothing. I guess it really was not a choice that I made on my own, but something that I was coaxed into. The rest is history.

HM: When did you realize that law was the path you were meant to be on?

Judge Humetewa: I only realized law was my true calling after graduating from law school, and about a year into my first job as a lawyer. At that time, I was counsel in the U.S. Senate Indian Affairs Committee in Washington, D.C. The committee is responsible for federal policies and laws that impacted the nation's Indian tribes and native people. In doing that work, I saw how policymaking at the federal level affected Indian Country and peoples nationally—from our health care to our education systems. Before that, I understood the breadth and history of tribes in Arizona, but I had only a surface level understanding of what it meant to engage in policymaking affecting all the nation’s tribes. So, the work brought me a sense of real fulfillment as well as personal enlightenment. I understood for the first time in my life that the decisions about the day-to-day lives of Indian people, such as my family, my grandparents, and those before us, were generally made in Washington, by people who were not Native American and who didn't come from these communities. I really understood the importance of the work and how careful it had to be.

Then, as a more experienced federal prosecutor, I was often sought out as a national speaker on prosecuting crimes in Indian Country, and those involving Native American cultural resources. I was one of only a handful of tribal member lawyers with that experience, so it was clear to me that I could and should use my education combined with my personal background to enhance the way justice is served in Indian Country.

HM: Were you able to find mentors early on in your career who understood your background and your experiences?

Judge Humetewa: I found mentors easily, but not necessarily ones who shared my background. For example, Senior Judge Stephen M. McNamee, who is here in this district, was the U.S. Attorney who hired me for the victim advocate position. He also encouraged me to think about going to law school. He would introduce me to other lawyers. Edwin Meese was the United States Attorney General when I was a victim advocate, and Judge McNamee made a special effort to have me and the other extern, also a Native American, meet Attorney General Meese. He would ask for our advice, and I would think, “I’m this 20-something-year-old, barely out of college, and the U.S. Attorney is asking for my opinions.” So, people like Senior Judge McNamee were real advocates for my professional growth. Former U.S. Attorney Paul K. Charlton, and retired AUSA Wallace Kleindienst, a renowned prosecutor, were also very encouraging. Though they did not share my background, they welcomed my opinions, including how to work with tribal people more effectively. They encouraged my participation in the office’s work and presented me with challenging work which made me more confident. Ninth Circuit Chief Judge Mary H. Murguia was also instrumental in my development as a junior federal prosecutor. As my immediate supervisor, she gave me honest feedback and provided me with many growth opportunities. These are just a few of the accomplished people who gave me time and who let me learn from them.

HM: Do you see that there are more people now that have that understanding and that can serve as mentors for future generations?

Judge Humetewa: I do. I'm encouraged by the number of law students today who are from diverse populations. There was a stark lack of diversity when I was in law school and in my early years of practice. Tribal member lawyers and mentors were rare. Yet, I found individuals who selflessly provided me with their professional guidance. Though a lack of diversity is still prevalent in private practice, and certainly on the bench, I do see the cultivation of future mentors from the educational and professional experiences that are now being made available to people from diverse backgrounds, including from once exclusive institutions. This, in turn, provides law firms and federal agencies with a more diverse pool of lawyers who can serve as mentors. When you see successful lawyers with whom you share a common culture or life challenge, that, in and of itself, can build self-confidence.

HM: During your time in law school, did you have an idea that you would want to one day be on the bench, or is that something that came later?

Judge Humetewa: Not at all. When I had the opportunity to be the U.S. Attorney for Arizona, my husband told me I should take the U.S. Attorney position if it would help me become a federal judge. Frankly, until then I had never thought about being a federal judge. It never dawned on me because I did not see people with my background appointed to federal judge positions. As a former victim advocate and AUSA, working in the very federal court in which I sit, I was familiar with the entire federal bench. All the judges were male, all of them were Anglo, and most were from generations of lawyers, or they had political influence in Arizona. But hearing my husband voice the idea, and say it with confidence, made me think for the first time that maybe it is possible. And it was. In our Sandra Day O'Connor Courthouse, there's a portrait gallery of all of the district judges appointed chronologically. I often tell law students, especially those that come from diverse backgrounds, to walk that portrait wall and observe the changes in diversity of these positions. You see when the first female district court judge was appointed, then the first Latina judge, and so on. They are encouraged by that.

HM: How has your time as a victim advocate before law school shaped how you view the justice system today?

Judge Humetewa: It gave me a real-world view of how the federal courts actually work, and particularly how the federal courts interface with Indian Country and its populations. I saw the disconnect that is built into the system of justice for Native Americans, and how far removed the process is from their communities. Victims and witnesses would ask why their case was in federal court and not tribal court. I had a desire to learn more about that. So, I took federal Indian law and tribal courts classes in law school, and then sought the externship in the U.S. Senate Indian Affairs Committee.

I continue to see that for many Native Americans, our federal justice system is still too far removed. They do not necessarily feel included in the process. As a prosecutor, my early experiences with victims helped me hone my casework to be sensitive to their culture and communities and drove me to encourage tribal awareness and participation in the process. But today, I still see that our federal justice system for many Native Americans, is still too far removed. As a district judge, I have tried to focus on how our courts can be more accessible to Indian tribes and citizens. It’s an ongoing process.

HM: Did your time as an appellate judge for the Hopi Tribe help inform how you view judicial process or provide any perspective on judicial process that can be applied more generally?

Judge Humetewa: It taught me how to develop case law based on Hopi custom and practice when there is no written law. I was fortunate to be mentored by the late chief justice at the time, Emory Sekaquaptewa, the first Hopi law school graduate. He recruited several federal judges who were his classmates, the late District Judges Robert C. Broomfield and Paul G. Rosenblatt, to help develop the Hopi tribal court. It was his vision to infuse Hopi custom, practice, and tradition into the law whenever possible.

At the Hopi Appellate court, we did what our earliest Supreme Court justices did: develop common law in the absence of written law. This enabled me to understand the tensions that arise when you have a constitution, like the Hopi Constitution which was drafted by federal agents, that conflicts with Hopi custom and practice. Those experiences emphasized the importance of each written word in writing the common law as precedent, and how to write so our reasoning could be understood by the people. It also prepared me for my eventual sittings with the Ninth Circuit Appellate Court, which is similar to our Hopi Appellate Court process. I learned the nuances of collaboration.

HM: Do you have any advice for diverse law students and newer lawyers?

Judge Humetewa: Embrace your time in law school. I treated law school like an obstacle to overcome. The law school process intimidated me, so I did not appreciate the journey, and it wasn’t as enjoyable as it could have been. My advice is to participate in the organizations and do not box yourself into an area of law or career path just because others expect it of you. Be mindful that your current classmates may be your future colleagues or adversary in law, so get to know them. Visit state, tribal and federal courts, especially if you want to be a litigator. And consider that your first job as a lawyer is part of your ongoing legal education. We learn many subjects in law school, but mastering the practice of law takes time.

HM: How did you get involved in the Federal Bar Association? What drove your involvement in the Federal Bar Association's diversity and inclusion efforts?

Judge Humetewa: As a law student, I had the opportunity to attend the Indian Law Section of the Federal Bar Association's annual conference. It was the first time I met Indian lawyers who were also members of the FBA. They were welcoming and encouraging. I met Lawrence Baca, a renowned U.S. Department of Justice lawyer, Walter EchoHawk, who worked at the Native American Rights Fund, and others. That was my first real exposure to the FBA, and I learned why it was relevant to Native practitioners and Indian Country. The federal courts are directly involved in the lives of my community and federal lawyers represent tribes and tribal people. The work I sought to pursue was predominantly federal, so it made sense to observe these practitioners and to pay attention to what the FBA was doing.

I became involved with many of the diversity efforts by invitation. We judges are isolated. So, the FBA provides a meaningful way to stay connected with what’s going on with federal court practitioners, and to contribute to the federal bar. My involvement also tends to focus on diversity and the challenges of underrepresented populations in the law profession, many of whom are interested in public service, with federal agencies or Indian tribal governments. But because the FBA consists of people who practice in the federal courts, they have a genuine interest in evaluating its processes and procedures, as well as addressing ways to improve the practice of law in the federal courts for everyone.

HM: Are there specific diversity and inclusion efforts that you would like to see in the future from the Federal Bar Association?

Judge Humetewa: A challenge for every federal bar chapter is how to develop opportunities to appear in federal court. There are few opportunities for novice lawyers, and fewer still if you are not a federal prosecutor or defender. Additionally, it is rare to have Native lawyers appear in federal court. This makes it more difficult when it comes time to serve as an officer of the FBA, as a Representative of the Circuit, or to be considered for future judicial positions. So, developing paths to federal practice is key. Cultivating mentors from federal practice would help. In Arizona, we also have opportunities for pro bono work for self-represented individuals, including incarcerated persons. So, I would like to see newer lawyers and those with diverse backgrounds provided with opportunities to appear in federal courts.

I tell those whom I swear in to practice in our district court to consider joining the local FBA and to make efforts to attend the monthly luncheons. It will give them an idea of what's going on in our federal courts and what's happening among the federal bar members. Participation in the FBA can make the practice of law in federal courts less intimidating. And I believe that personal participation helps to build a better legal community. 

Harpreet Mahal is an associate at Carlson Caspers, an intellectual property boutique law firm in Minneapolis, MN. He attended the University of Minnesota Law School, where he gained experience through the Intellectual Property Moot Court, the Intellectual Property and Entrepreneurship Clinic, and the Clemency Project Practicum (now the Clemency Project Clinic). Prior to law school, he received an MS from Wayne State University School of Medicine, where he was in a neuroscience lab focused on traumatic brain injury and spinal cord injury research. Harpreet is active in several professional organizations including the Minnesota State Bar Association, the Minnesota Asian Pacific American Bar Association, and the Federal Bar Association.

Hon. Mimi Tsankov

Judge of the New York Federal Plaza Immigration Court

by Nayeon Kim

Nayeon Kim: What life stories and motivations fueled your passion for the law and ultimately led you to the bench? And what do you do within the immigration system?

Judge Tsankov1: I always thought that I would become a lawyer starting from when I was in second grade—no doubt because my father was a lawyer. But, over time, I really developed my interest in the law, and remember reading a book in high school called The Brethren. It offered an inside look at the workings of the Supreme Court. I have always been fascinated about the way that courts work—how judicial law clerks support the judges, and how decision-making is rendered at various courts.

As to my interest in the immigration system, back in 1993, an Asylum Officer Corps was being established at the U.S. Department of Justice. Prior to that, there had not been a group dedicated within the government to look at human rights concerns and applications for asylum within the U.S. So, I was part of the initial group in New York about five years out of law school. Prior to that, I worked for two years at a big law firm doing some work in international law. Then I spent two-and-a-half years at the Peace Corps as an attorney with their Office of Inspector General.

NK: How have your diverse life experiences and perspectives helped you make thoughtful and reasoned judicial decisions?

Judge Tsankov: Everybody brings their personal experiences to every role they play in life. As an immigration judge, you must also, of course, fit within the responsibilities of the position. So, I, personally, have a natural interest in understanding the immigrant experience. I’m married to an immigrant; while in law school, I took courses in international law and served on my law school’s international law journal; and I completed a master’s degree in international relations in foreign affairs. So, I’m drawn to these topics. I can’t say that it really informs one’s decision making on the bench. But I can say that it makes the role one that animates me professionally. It is a welcome responsibility to serve in this role because I have such a strong connection to and admiration for the challenges that so many people are going through as they embark on any immigration process.

NK: Why did you get involved with FBA, and why do you engage in the FBA’s D&I efforts?

Judge Tsankov: Very early on in my career, I realized that participating in organizations, especially national organizations, would be helpful not only for my career in terms of networking, but also just to develop me as a better lawyer. So, I joined the Federal Bar Association and immediately joined the Immigration Law Section. And then over time, I realized there were many additional ways I could serve the FBA membership. Within the Immigration Law Section, I was able to lead a multi-day, multi-track conference offering continuing legal education to a wide variety of attorneys, as many were participants working in government, with non-governmental organizations, some were working in academia, and others were working in law firms. I later moved on to lead the FBA International Law Section, and to lead a number of programs on international courts and tribunals. So, it’s through those types of experiences that I solidified my involvement in the Federal Bar Association. That ultimately led to my being elected to a position on the Board of Directors. While I’ve been at the Board of Directors, I’ve served as the board liaison to the FBA’s Diversity, Equity, and Inclusion committee. So, it’s a bit of a roundabout way that I ended up getting as involved in DEI as I have. But I’m telling you this background because diversity, equity, and inclusion issues are a part of every single thing you will do as a lawyer and as a participant in various organizations.

NK: What lessons would you say you’ve taken away about diversity and inclusion from your time both as an immigration judge and a pro bono liaison judge?

Judge Tsankov: I try to focus on inclusion in every aspect of my work and in every role that I have in the community. One of the roles that I currently have is president of the National Association of Immigration Judges. I founded and chair that group’s Diversity, Equity, and Inclusion committee. In addition, I hold various leadership roles within the Department of Justice’s Gender and Equality Network. So, what do you do when you’re in those various roles and you’re trying to really influence and support greater levels of inclusion? Well, one of the options you have is publishing articles. Recently, I published an article in The Federal Lawyer magazine on the work that we have been doing on diversity and inclusion. In addition, I have a leadership role at the National Association of Women Judges. So, we reprinted that article in their journal, Counterbalance, as well, because that group is an FBA partner, and they have an interest in the same topic. I was able, through one article, to reach two very interested audiences that might not have had much knowledge about the work that attorneys at the Department of Justice are doing through DOJ Gender Equality Network and NAIJ’s Diversity, Equity, and Inclusion committee. I guess the message here is get involved in organizations because with them supporting you, you have a broader impact and can more successfully improve and address diversity and inclusion efforts.

NK: How did you get involved with working with the United Nations? What kind of work do you do with them?

Judge Tsankov: In my NAIJ capacity, I am a member of the American Bar Association’s Representatives and Observers to the United Nations. Recently, I was very involved in organizing an event at the United Nations Commission on the Status of Women where we talked about judicial independence and the rule of law in the context of the judiciary. That program considered how a diverse judiciary inspires confidence in outcomes. And you need that confidence in the fairness of outcomes in order to ensure that the parties feel as if the rule of law has been respected. Fortunately, over the past several decades, we have seen the entry of many women judges into spaces where they had historically been excluded. It is very important to ensure that a wide range diversity should be reflected in our judiciary so that the people that are putting their faith in the system have confidence that it upholds the rule of law. Our systems are stronger when stakeholders know that the individuals making decisions are also a reflection of them. That is why I devote a lot of attention to trying to support diversity, equity, and inclusion in the judiciary, including at the immigration court.

NK: What advice do you have for law students and new lawyers on succeeding in the legal profession?

Judge Tsankov: I would say get involved in organizations to the extent that you have the bandwidth, such as the FBA, the ABA, National Association of Women Judges, your local and regional bars, and affinity bars. Get involved in as many as you feel that you can participate in in a meaningful way. I find that there is a lot of crossover in my role in all of these various organizations.

NK: What’s your favorite hobby?

Judge Tsankov: I have always been involved in the arts. My husband is an actor, and years ago we staged a play together in Washington, D.C. So, these days, he’s still involved in film and television. And I do a lot of work with him preparing for auditions, and parts that he has in various TV and film opportunities. It’s very much a family affair as every week we all—including our two children living in NYC, serve as readers for him in his auditions. That requires a lot of devotion, time, and effort. And it’s fun and creative.

Endnotes

1Judge Mimi Tsankov speaks in her capacity as President of the continued on page 40