Administrative Law Judges

Waymaker

Courts & Judiciary

An Interview with Judge Joan Lefkow

By Judge Willie J. Epps Jr.

Judge Joan Lefkow wanted to become a judge since law school and has gone on to serve as a judge in many capacities, most recently at the federal level. She was also instrumental in the passing of the Court Security Improvement Act after suffering horrific crime against her family.

Features

Administrative Law

ALJ Independence Under the Federal Administrative Procedure Act in the Wake of the Supreme Court’s Decision in Lucia v. SEC

By Judge Michael Devine and Judge Erin Wirth

The appointment process for federal ALJs has changed significantly in the wake of the Lucia decision. The authors explain those changes and identify additional areas that may be impacted, including the power to remove ALJs.

Administrative Law

Representational Accommodation in Washington’s Administrative Hearing Process

By Judge Johnette Sullivan and Judge Pamela Meotti

When a disabled self-represented party is unable to meaningfully participate, judges need a process that allows them to comport with the mandates of the Americans with Disabilities Act, respect a party’s privacy rights, and avoid ex parte communication. The State of Washington has taken a significant step forward to adopt such a process.

Administrative Law

Professional and Occupational Licensing Reform—One Small Step at a Time: An Update from Louisiana

By Emalie A. Boyce

Louisiana’s Division of Administrative Law, as a centralized state panel, is making strides in reforming professional and occupational licensing. The author explains the reasons that have prompted reform and Louisiana’s recent related legislation.

Administrative Law

The Scope of the Removal Power Is Ripe for Reconsideration

By Richard J. Pierce Jr.

The U.S. Supreme Court should hold that the president must have the power to remove at will an officer who performs executive functions vested in the president by Article II. However, the Court should also hold that due process forbids the president from removing officers whose sole responsibilities are to preside in hearings to adjudicate disputes between private parties and the government.

Ethics

Lead Us Not into Temptation: Should Attorneys Who Contract to Provide Administrative Adjudication Services Be Insulated from Those Who Compensate Them?

By Thomas Grippando

Administrative law judges are often private attorneys acting as independent contractors who are not protected by civil service laws. Skepticism of the judge’s ability to adjudicate may arise, as the government agencies that hire them could have an interest in the outcome of the litigation.

Ethics

Vicarious Trauma in the Courtroom: Judicial Perceptions of Juror Distress

By Dawn E. McQuiston, M. Dylan Hooper, and Abbey E. Brasington

Jury duty can be a stressful and traumatic experience, particularly when it involves a lengthy trial, being sequestered, or cases including disturbing testimony, gruesome details, or emotional evidence. In an exploratory study, 13 South Carolina circuit court judges were interviewed about the psychological health of jurors and susceptibility to symptoms of secondary traumatic stress.

Technology Column

Court Administration

Embarrassing Redaction Failures

By Judge Herbert B. Dixon Jr.

Judge Dixon revisits the subject of redaction failures, which he previously wrote about in 2009 and 2011. He concludes that embarrassing redaction failures are as certain as death and taxes.

Ethics Column

Ethics

Ethics and Judicial Independence in an Executive Branch Judiciary

By Marla N. Greenstein

Articles in this issue raise the many challenges to the independence of administrative law judges, but hopefully states’ adoption and application of Model Codes of Conduct will help these judges to remain free from outside influence.

Renew Your ABA Membership

Administrative Law Judges

A Path to Impartiality

Waymaker

An Interview with Judge Joan Lefkow

Features

ALJ Independence Under the Federal Administrative Procedure Act in the Wake of the Supreme Court’s Decision in Lucia v. SEC

Representational Accommodation in Washington’s Administrative Hearing Process

Professional and Occupational Licensing Reform—One Small Step at a Time: An Update from Louisiana

The Scope of the Removal Power Is Ripe for Reconsideration

Lead Us Not into Temptation: Should Attorneys Who Contract to Provide Administrative Adjudication Services Be Insulated from Those Who Compensate Them?

Vicarious Trauma in the Courtroom: Judicial Perceptions of Juror Distress

Technology Column

Embarrassing Redaction Failures

Ethics Column

Ethics and Judicial Independence in an Executive Branch Judiciary

ABA Resources

The ABA

Connect

Renew Your ABA Membership

American Bar Association TM American Bar Association

Administrative Law Judges

A Path to Impartiality

Waymaker

An Interview with Judge Joan Lefkow

Features

ALJ Independence Under the Federal Administrative Procedure Act in the Wake of the Supreme Court’s Decision in Lucia v. SEC

Representational Accommodation in Washington’s Administrative Hearing Process

Professional and Occupational Licensing Reform—One Small Step at a Time: An Update from Louisiana

The Scope of the Removal Power Is Ripe for Reconsideration

Lead Us Not into Temptation: Should Attorneys Who Contract to Provide Administrative Adjudication Services Be Insulated from Those Who Compensate Them?

Vicarious Trauma in the Courtroom: Judicial Perceptions of Juror Distress

Technology Column

Embarrassing Redaction Failures

Ethics Column

Ethics and Judicial Independence in an Executive Branch Judiciary

ABA Resources

The ABA

Connect