Fairness, Justice, and the Need for a Federal Central Panel [CC]

Fairness, Justice, and the Need for a Federal Central Panel [CC] — CLE 90 min

Some federal agencies have been routinely and successfully adjudicating administrative cases on behalf of agencies for many years. From a practical stand-point, this has occurred because agencies have a need to manage docket loads that can fluctuate greatly from year to year. But more importantly, adjudication by "outside" judges helps to alleviate inherent conflicts of interest, and the public perception of unfairness. These "mini" federal central panels also help to achieve economies of scale. At the state level, a majority of states across the country have also utilized a central panel structure to adjudicate cases for their respective government agencies for years. They have uniformly found this system to be more economically efficient and more amenable to public interest notions of fairness. A distinguished panel of judges and academics will discuss why a federal central panel system would be highly advantageous in comparison to the current system of disparate adjudication systems within scores of individual agencies.

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Closed Captioned.

The concept is simple. One federal agency should be created to adjudicate administrative hearings that are currently being adjudicated by scores of different federal agencies. This concept is known as a federal central panel (FCP), and is perhaps the best tool that could be employed to ensure fairness in administrative hearings.

Implementation of a FCP system is long overdue. Small FCPs already exist throughout the federal government, and have developed organically out of necessity. Extensive academic study to justify the need for a FCP system is obviated by the fact that actual, real-life laboratories for the central panel concept have successfully existed at the state level for many years. In fact, the central panel concept has been implemented in the majority of U.S. states, and the number is continuing to expand.

Central panel systems enjoy many advantages over the current system of disparate administrative tribunals. First, the total economic cost of the various systems can be substantially reduced by the economies of scale that would be achieved in having a central system. Second, and perhaps most importantly, a FCP would greatly help to alleviate the inherent conflict of interest that exists when a Respondent looks across the room and sees a judge and agency counsel, both of whom are employed by the same employer. The public is completely unaware of the other ties between the judge and the agency, such as decisions regarding the judge's personnel and employment benefits, the hiring and firing process for judges, performance evaluations for some judges, and the internal appeals process. Third, public confidence in the administrative adjudication process would be greatly enhanced, which benefits the agencies as well as the public. Fourth, without increasing salaries, a FCP structure would benefit the public, and improve the working environment for judges, by allowing judges to supervise judges, and by allowing judges to pursue varied career paths within the FCP. Fifth, the proposed structure is very flexible, and could easily accommodate jurisdiction over certain types of cases, while excluding others. Also, for the vast majority of agency adjudications, specialized expertise of ALJs and AJs can be easily retained through the transfer of functions process utilized heretofore by many agencies. Sixth, the FCP can be easily structured so as to accommodate applicable Constitutional requirements as set out in the recent Seila Law decision by the U.S. Supreme Court.

Speakers

Danette Mincey, Jeffrey S Lubbers, Richard James Pierce Jr, Richard West, Robert J Lesnick, Robert L Glicksman

Moderators

H Alexander Manuel

External Sponsors

Thomson Reuters

Sponsors

Judicial Division

Product Code

JD2205FJNOLC

Duration

90

Publication Date

5/3/2022 12:00:00 AM

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