Herbert Choy
Encyclopedia
Herbert Young Cho Choy was the first Asian American
to serve as a United States federal judge
and the first person of Korean
ancestry to be admitted to the bar in the United States
.
, to Korean immigrants
who worked in Hawaii's sugar plantations. Choy received his Bachelor of Arts
degree
from the University of Hawaii
in 1938 and his J.D.
from Harvard Law School
in 1941. He was the first person of Korean ancestry to be admitted to practice law in the United States.
He was a Hawaii Territorial Guard from 1941 to 1942, and he was in the United States Army
from 1942 to 1946. From 1946 to 1947, Choy served in the United States Army
Judge Advocate General's Corps. After leaving the service, he worked with the firm
of Fong Miho Choy & Robinson from 1947 to 1957, where one of his partners was the future U.S. Senator
Hiram Fong
.
From 1957 to 1958, Choy served as Attorney General
for the Territory of Hawaii
. In 1971, at the urging of Senator Fong, President Richard Nixon
appointed Choy to the United States Court of Appeals for the Ninth Circuit
, to a seat vacated by Stanley Nelson Barnes
. At the time of Choy's appointment, there were no Asian Americans serving anywhere on the federal bench. Choy was the first individual from Hawaii ever appointed to the court.
Choy actively served until 1984, when he took senior status
. He was a native of the Hawaiian island of Kauai and had chambers in Honolulu. In 2001, one of Choy's former law clerks, Richard Clifton
, became the second judge from Hawaii to serve on the Ninth Circuit.
Choy authored many significant opinions, upholding the constitutionality of a law allowing child sexual abuse victims to testify via closed-circuit television, allowing a Muslim inmate to sue Phoenix-area jail officials for imposing discriminatory security measures at Muslim services, and upholding California's "green advertising" law regulating advertisers' claims about "biodegradable" or "recycled" products.
He died in Honolulu, Hawaii
on March 10, 2004.
Asian American
Asian Americans are Americans of Asian descent. The U.S. Census Bureau definition of Asians as "Asian” refers to a person having origins in any of the original peoples of the Far East, Southeast Asia, or the Indian subcontinent, including, for example, Cambodia, China, India, Indonesia, Japan,...
to serve as a United States federal judge
United States federal judge
In the United States, the title of federal judge usually means a judge appointed by the President of the United States and confirmed by the United States Senate in accordance with Article II of the United States Constitution....
and the first person of Korean
Korean people
The Korean people are an ethnic group originating in the Korean peninsula and Manchuria. Koreans are one of the most ethnically and linguistically homogeneous groups in the world.-Names:...
ancestry to be admitted to the bar in the United States
Admission to the bar in the United States
In the United States, admission to the bar is the granting of permission by a particular court system to a lawyer to practice law in that system. Each U.S. state and similar jurisdiction has its own court system and sets its own rules for bar admission , which can lead to different admission...
.
Background
Choy was born in 1916 in Makaweli, HawaiiHawaii
Hawaii is the newest of the 50 U.S. states , and is the only U.S. state made up entirely of islands. It is the northernmost island group in Polynesia, occupying most of an archipelago in the central Pacific Ocean, southwest of the continental United States, southeast of Japan, and northeast of...
, to Korean immigrants
Immigration to the United States
Immigration to the United States has been a major source of population growth and cultural change throughout much of the history of the United States. The economic, social, and political aspects of immigration have caused controversy regarding ethnicity, economic benefits, jobs for non-immigrants,...
who worked in Hawaii's sugar plantations. Choy received his Bachelor of Arts
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
degree
Academic degree
An academic degree is a position and title within a college or university that is usually awarded in recognition of the recipient having either satisfactorily completed a prescribed course of study or having conducted a scholarly endeavour deemed worthy of his or her admission to the degree...
from the University of Hawaii
University of Hawaii
The University of Hawaii System, formally the University of Hawaii and popularly known as UH, is a public, co-educational college and university system that confers associate, bachelor, master, and doctoral degrees through three university campuses, seven community college campuses, an employment...
in 1938 and his J.D.
Juris Doctor
Juris Doctor is a professional doctorate and first professional graduate degree in law.The degree was first awarded by Harvard University in the United States in the late 19th century and was created as a modern version of the old European doctor of law degree Juris Doctor (see etymology and...
from Harvard Law School
Harvard Law School
Harvard Law School is one of the professional graduate schools of Harvard University. Located in Cambridge, Massachusetts, it is the oldest continually-operating law school in the United States and is home to the largest academic law library in the world. The school is routinely ranked by the U.S...
in 1941. He was the first person of Korean ancestry to be admitted to practice law in the United States.
He was a Hawaii Territorial Guard from 1941 to 1942, and he was in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
from 1942 to 1946. From 1946 to 1947, Choy served in the United States Army
United States Army
The United States Army is the main branch of the United States Armed Forces responsible for land-based military operations. It is the largest and oldest established branch of the U.S. military, and is one of seven U.S. uniformed services...
Judge Advocate General's Corps. After leaving the service, he worked with the firm
Law firm
A law firm is a business entity formed by one or more lawyers to engage in the practice of law. The primary service rendered by a law firm is to advise clients about their legal rights and responsibilities, and to represent clients in civil or criminal cases, business transactions, and other...
of Fong Miho Choy & Robinson from 1947 to 1957, where one of his partners was the future U.S. Senator
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
Hiram Fong
Hiram Fong
Hiram Leong Fong , born Yau Leong Fong , was an American businessman and politician from Hawaii. He is most notable for his service as Republican United States Senator from 1959 to 1977, and for being the first Asian American and Chinese American to be elected as such...
.
From 1957 to 1958, Choy served as Attorney General
Attorney General of Hawaii
The Attorney General of Hawaii is the chief legal and law enforcement officer of Hawaii. In present-day statehood within the United States, he or she is appointed by the elected governor with the approval of the state senate and is responsible for a state department charged with advising the...
for the Territory of Hawaii
Territory of Hawaii
The Territory of Hawaii or Hawaii Territory was an organized incorporated territory of the United States that existed from July 7, 1898, until August 21, 1959, when its territory, with the exception of Johnston Atoll, was admitted to the Union as the fiftieth U.S. state, the State of Hawaii.The U.S...
. In 1971, at the urging of Senator Fong, President Richard Nixon
Richard Nixon
Richard Milhous Nixon was the 37th President of the United States, serving from 1969 to 1974. The only president to resign the office, Nixon had previously served as a US representative and senator from California and as the 36th Vice President of the United States from 1953 to 1961 under...
appointed Choy to the United States Court of Appeals for the Ninth Circuit
United States Court of Appeals for the Ninth Circuit
The United States Court of Appeals for the Ninth Circuit is a U.S. federal court with appellate jurisdiction over the district courts in the following districts:* District of Alaska* District of Arizona...
, to a seat vacated by Stanley Nelson Barnes
Stanley Nelson Barnes
Stanley Nelson Barnes was a United States federal judge.Born in Baraboo, Wisconsin, Barnes was in the United States Navy Reserve from 1918 to 1921. He received a Bachelor's Degree of Arts from UC Berkeley in 1922 and a J.D. from University of California, Berkeley, Boalt Hall School of Law in 1925....
. At the time of Choy's appointment, there were no Asian Americans serving anywhere on the federal bench. Choy was the first individual from Hawaii ever appointed to the court.
Choy actively served until 1984, when he took senior status
Senior status
Senior status is a form of semi-retirement for United States federal judges, and judges in some state court systems. After federal judges have reached a certain combination of age and years of service on the federal courts, they are allowed to assume senior status...
. He was a native of the Hawaiian island of Kauai and had chambers in Honolulu. In 2001, one of Choy's former law clerks, Richard Clifton
Richard Clifton
Richard Randall Clifton is a federal judge on the United States Court of Appeals for the Ninth Circuit. He was nominated by President George W. Bush on September 4, 2001 to fill a seat vacated by Cynthia Holcomb Hall, and confirmed by the United States Senate on July 30, 2002...
, became the second judge from Hawaii to serve on the Ninth Circuit.
Choy authored many significant opinions, upholding the constitutionality of a law allowing child sexual abuse victims to testify via closed-circuit television, allowing a Muslim inmate to sue Phoenix-area jail officials for imposing discriminatory security measures at Muslim services, and upholding California's "green advertising" law regulating advertisers' claims about "biodegradable" or "recycled" products.
He died in Honolulu, Hawaii
Honolulu, Hawaii
Honolulu is the capital and the most populous city of the U.S. state of Hawaii. Honolulu is the southernmost major U.S. city. Although the name "Honolulu" refers to the urban area on the southeastern shore of the island of Oahu, the city and county government are consolidated as the City and...
on March 10, 2004.