BILL ANALYSIS                                                                                                                                                                                                    �



                                                                            



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                                    THIRD READING


          Bill No:  SR 46
          Author:   Beall (D), Lieu (D), and Liu (D)
          Amended:  As introduced
          Vote:     Majority

           
           SUBJECT  :    Hong Yen Chang

           SOURCE  :     Author


           DIGEST  :    This resolution calls for Mr. Hong Yen Changs  
          admittance to the State Bar of California posthumously, to  
          remedy the injustice he suffered and to send a powerful message  
          about the legal professions commitment to justice, diversity,  
          and inclusion.

           ANALYSIS  :    This resolution makes the following legislative  
          findings:

          1.Mr. Hong Yen Chang was reportedly the first Chinese immigrant  
            to earn a law degree in the United States and the first to be  
            licensed to practice law in any state, but was denied entry to  
            the State Bar of California because of discriminatory state  
            and federal laws.

          2.When the Chinese government canceled its Chinese Educational  
            Mission in 1881, Mr. Chang was forced to suspend his studies  
            at Yale and return to China but nevertheless, Mr. Chang  
            returned to the United States, enrolled in Columbia Law School  
            where he graduated in 1886, and reportedly became the first  
            Chinese lawyer educated in the United States.

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          3.After graduating from Columbia Law School, Mr. Chang applied  
            for admission to the New York State Bar Association where he  
            received high marks from the bar examiners.

          4.The New York Supreme Court rejected his application on the  
            ground that he was not a citizen. Undeterred, Mr. Chang  
            reapplied for admission and was successful.

          5.In 1887, the New York Court of Common Pleas issued him a  
            naturalization certificate, and the state legislature enacted  
            a law permitting him to reapply to the bar.  Upon his  
            admission, Mr. Chang became the only regularly admitted  
            Chinese lawyer in the United States.

          6.After his admittance to the New York State Bar Association,  
            Mr. Chang applied to the State Bar of California but the  
            California Supreme Court denied his admission in the unanimous  
            published decision In re Hong Yen Chang, 84 Cal. 163 (1890).   
            The Court held that Mr. Chang's naturalization certificate was  
            void and that, as a noncitizen, he was ineligible for bar  
            membership, despite Mr. Chang otherwise satisfying the  
            requirements for bar admission.

          7.Congress extended the Chinese Exclusion Act on a number of  
            occasions and the California Constitution in 1879 dedicated an  
            entire article to restricting the rights of Chinese residents.

          8.Notwithstanding the discrimination he faced, Mr. Chang went on  
            to lead a distinguished career in banking and diplomacy.

          This resolution calls for Mr. Hong Yen Chang's admittance to the  
          State Bar of California posthumously to remedy the injustice he  
          suffered and to send a powerful message about the legal  
          profession's commitment to justice, diversity, and inclusion.

           FISCAL EFFECT  :    Fiscal Com.:  No



          AL:nl  5/21/14   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  NONE RECEIVED

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