May 01, 2019 Introduction

A Path to Impartiality

By Judge John C. Allen IV

My first experience, as an attorney, with an administrative adjudication process occurred a few years into my private practice when a nurse hired me to represent her in front of the state’s nursing board. Her issue had been investigated by the regulatory agency and sent to the state’s review board. Even though it was clear that she had committed no meaningful violation, the investigator had found a technical violation and had forwarded his report. As a former criminal attorney, I had concerns that the hearing officer and the review board would react to the case bureaucratically and not pay attention to the entire situation. Fortunately, the process allowed the adjudicators and the board the opportunity to hear our case. It was clear that the panel had thoroughly prepared for our case; however, they immediately understood our presentation and the theory that served as our foundation. The resulting favorable decision occurred in large part because their experience and latitude to explore our presentation of facts served to provide a clearer picture of the incident than what the investigator reported.

Premium Content For:
  • Lawyers Conference
  • National Conference of Specialized Court Judges
  • National Conference of State Trial Judges
  • ABA Licensing Partners
  • National Conference of the Administrative Law Judiciary
  • National Conference of Federal Trial Judges
  • Appellate Judges Conference
Join - Now