UABA meeting in Chicago underscores involvement in community issues (06/28/98)

UABA meeting in Chicago underscores involvement in community issues

by Marta Farion

CHICAGO - The Ukrainian American Bar Association (UABA) convened on May 29-30 at Chicago's Marriott O'Hare Hotel for its semiannual meeting, which included an agenda of reports on current activities and future programs. The meeting was attended by officers, governors and members of the organization from various parts of the United States. Regardless of the fact that few Chicago area attorneys attended, the association was geographically well represented by its attorney members from other cities, and even Ukraine.

The meeting commenced with a reception on Friday evening, which was attended by the acting consul general of Ukraine in Chicago, Yurii Lazarev, and his wife.

At the all-day meeting on Saturday, UABA President Donna T. Pochoday commenced the morning with a moment of silence in memory of attorneys Joseph Torak Sr. of Gilbertsville, Pa., and Daniel Maxymiuk of Philadelphia, UABA members who died during the last year.

She then informed the participants of the association's many involvements and news about its members. For example, California attorney Yaroslav Sochynsky was appointed member of the American Arbitration Association President's Panel of Mediators. Mr. Sochynsky was chosen for his skills and experience in resolving business, multi-party and complex disputes. New Jersey attorney Roksolana Hladylowycz was recently appointed to the position of immigration judge in New York City. Ms. Pochoday requested that members inform the UABA of any activities and professional moves that are of interest.

She noted the need for a system of mentoring, as well as a networking referral system within the organization that would generate interest in the organization's membership, as well as inspire and motivate young attorneys and law students.

Andre Michniak, who with Bohdan Shandor co-chairs the UABA Scholarship Fund Inc., reported on the status of funds to be used to sponsor qualified law students from Ukraine. Mr. Michniak reported that the tax-exempt corporation received substantial financial contributions in memory of Ivan Shandor, who previously chaired the UABA's Scholarship Fund, but died tragically in a car accident last year. Family members of Mr. Shandor also contributed significantly in his memory. In addition to funds collected from contributors, Mr. Shandor's employer, Baxter Corp., where he served as corporate vice-president of taxation, committed to match any funds donated in Mr. Shandor's name.

The tragic loss of one of the association's active members inspired the participants to continue contributing to the UABA Scholarship Fund and assist qualified young attorneys from Ukraine to continue their legal education in the United States. The donations in memory of Mr. Shandor are also a living testament to the life of an individual who cared about his family and his community.

Ms. Pochoday updated the participants on the usage of the association's 888 toll-free telephone number by UABA prospective and regular members, as well as the general public seeking legal assistance. The toll-free number provides useful information to needy individuals and access by UABA members. However, it also places a financial burden on the UABA and its members who respond to the calls. Most calls received by the UABA on this line from the public are related to immigration matters, particularly from individuals who are taken into custody and detained at one of the Immigration and Naturalization Service detention centers throughout the country, particularly Seattle, and Portland, Ore.

The UABA president also provided information on the UABA's very successful webpage (http://www.brama.com/uaba), newsletter, employment opportunities, membership dues, requests for financial aid and legal advice to legal defense funds in Ukraine, and the USAID Education Program grant.

Ms. Pochoday also noted that the World Congress of Ukrainian Jurists, of which the UABA is a founding member, plans to hold its fourth world congress in Lviv on September 17-20. The president encouraged all UABA members to participate in this congress to the extent possible. The prior three world congresses took place in Kyiv and Yalta.

Updates on legal proceedings

The most challenging and interesting sessions of the meeting were the presentations that included updates on the proceedings in the matter of the CBS "60 Minutes" broadcast "The Ugly Face of Freedom" by attorneys Arthur Belendiuk and Ms. Pochoday, the proceedings regarding John Demjanjuk's U.S. citizenship status and Canadian OSI-type deportation activities, reported by Canadian attorney Orest Rudzik. A status report on the USAID Commercial Law Project for Ukraine was provided by attorneys Patience Huntwork, Peter Piddoubny and Ms. Pochoday.

In October 1994, the CBS news program "60 Minutes" broadcast a news segment titled "The Ugly Face of Freedom," a report on the alleged rise of anti-Semitism in western Ukraine. The program smeared Ukrainians as anti-Semites through a series of news distortions and misrepresentations that left Ukrainian American community members in shock and open to attacks on them and their descendants based on gross historical inaccuracies.

Three separate legal proceedings were commenced with the Federal Communications Commission (FCC) in an attempt to block CBS from continuing its re-broadcasts of the inaccurate program and to have CBS issue an apology for the distorted facts. Alexander Serafyn of Detroit, represented by Mr. Belendiuk, and Oleg Nikolyszyn of Providence, R.I., represented by Ms. Pochoday, separately petitioned the FCC to deny the assignments of broadcast licenses of local television stations to CBS on the basis that CBS engaged in intentional news distortions, contrary to the public interest.

In addition, the Ukrainian Congress Committee of America filed a separate "personal attack" complaint with the FCC, arguing that the "60 Minutes" news segment amounted to a personal attack on Ukrainian Americans by CBS. All three petitions were subsequently denied.

Ultimately, Messrs. Serafyn and Nikolyszyn and the UCCA appealed to the U.S. Court of Appeals, District of Columbia Circuit, and their legal arguments were presented to the court on January 23. To date, no decision has been rendered by the panel of three judges. If the Court of Appeals reverses the previous decisions of the FCC, which denied the right to a hearing on the issues, and sends the case back to the FCC, there will be an opportunity for discovery to investigate the documentation, the sources and the motivation of the program, and ultimately reach a decision on the merits.

It will also mean that the Ukrainian community in North America will need to make a strong commitment of financial and moral support to pursue this and other legal battles that lie ahead whenever the media engages in news distortions and misrepresentations to the detriment of the Ukrainian American community. Without financial assistance, it will be difficult to represent the interests of the community against a team of attorneys from one of the world's largest broadcasting corporations. The community needs to be made aware of the legal needs and implications of this case, the presenters noted.

In addition to the CBS proceedings, Ms. Pochoday briefly reviewed the background of the Demjanjuk case and informed the participants that the U.S. District Court for the Northern District of Ohio had restored Mr. Demjanjuk's U.S. citizenship, but without prejudice. This means that the U.S. Department of Justice may be able to bring in other evidence against Mr. Demjanjuk in the future.

Mr. Rudzik, a Canadian attorney, presented the background and status of the deportation cases that are being brought in Canada by the Crown against Ukrainian Canadians who allegedly provided false information on their Canadian immigration entry documentation. These actions are part of a search of individuals of Ukrainian descent in Canada, and involve fact-gathering and testimony in Ukraine, Russia, Poland and other countries.

The fact that the individuals being deposed are unable to travel to Canada due to age and illness brought about the unique situation that entire proceedings are being held in other countries, Mr. Rudzik noted. This requires travel by Canadian judges, clerks of court, attorneys and stenographers, and the participation of host country judges, attorneys and all the other court personnel at enormous expense. Originally the courts ruled that the defendants be held responsible for all these expenses; however, in each separate case motions to waive this rule are filed. The results of the rulings may vary from district to district, which further complicates the defense of each accused individual.

Mr. Rudzik also briefly touched on the Canadian government's decision to hire Neal Sher as a consultant in these Canadian deportation proceedings. Mr. Sher headed the U.S. Justice Department's Office of Special Investigations at the time of the Demjanjuk case. The U.S. Court of Appeals overturned Mr. Demjanjuk's denaturalization because the OSI was held to have engaged in "fraud on the court" when it failed to disclose exculpatory evidence to the defense. Mr. Sher's new position in Canada has aroused much controversy, Mr. Rudzik said.

Ms. Huntwork, an Arizona attorney known for her involvement with various Ukrainian American community matters and as a result of her efforts on behalf of commercial law reform in Ukraine, related the current status of the application for the USAID Commercial Law Project. A proposal was submitted to the USAID for a grant to form a steering committee to be composed of attorneys from the United States and Ukraine, and to develop a clearinghouse for commercial law reform in Ukraine. The American Bar Association, Central and East European Law Initiative, UCCA and UABA have stated that this project would be a critical first step in addressing the issue of commercial law reform in Ukraine in a comprehensive manner. Ms. Huntwork, Mr. Piddoubny and Ms. Pochoday will coordinate progress on this project and submit information on its status to the UABA.

Future activities

Decisions on future activities and meetings were reached by a vote of the participants. Attorney Jurij Fedorak, who heads the UABA in Michigan, reported on the numerous activities of this local bar association and extended a generous offer to host the next UABA meeting in Detroit in mid-October. All participants enthusiastically supported this proposal.

In addition, UABA President Pochoday informed members that efforts have commenced for a joint conference of the Ukrainian Medical Association of North America, The Washington Group, Ukrainian federal credit unions, the Ukrainian American Bar Association and other Ukrainian American organizations to be held in Washington in June 1999. Further information on all these events will be provided in the future as more details become available.

A discussion followed on the need to interest members in participating in the organization's activities and in networking with their fellow Ukrainian American attorneys. An open invitation is being extended to all American attorneys and law students of Ukrainian descent to take part in the UABA. For further information contact the UABA: telephone, (888) UABA-LAW; e-mail, BohdannaP@aa.com; webpage, http://www.brama.com/uaba.