*DISCLAIMER - Mimi Tsankov is participating in this activity in her capacity as President, National Association of Immigration Judges (NAIJ), which is affiliated with the International Federation of Professional and Technical Engineers (IFPTE) as Judicial Council 2, and the American Federation of Labor and Congress of Industrial Organizations (AFL-CIO). The views expressed here represent the author’s personal opinions or those of NAIJ and do not represent the official views of the Department of Justice or the Executive Office for Immigration Review.
October 01, 2024 National Conference of the Administrative Law Judiciary
NCALJ Chair's Column
Hon. Mimi Tsankov*
I am honored to be sworn in as Chair of the National Conference of the Administrative Law Judiciary (NCALJ) for the 2024 - 2025 term. As I take the reins, I’m humbled to lead our incredible team of dedicated judges who themselves are distinguished leaders in their courts around the country in settings both federal and state. I have inherited a well-grounded and capable team that’s been led most ably by our Immediate Past Chair, Judge David Welch, who himself has been working to solidify partnerships with colleagues overseas while guiding our efforts to grapple with a wide range of legal questions confronting the federal and state administrative law judiciary. Whether it is Judge Welch and Judge Joan Churchill examining threats to judicial independence, Judge Wanda Wright raising awareness about judicial security concerns, or Judge Kimberly Kim explaining how artificial intelligence is being used in the courthouse, our judges are committed to keeping NCALJ members abreast of evolving developments so that they are ready to face emerging challenges in their home courts.
We are excited to have Judge John Allen and Judge Jennifer Russell editing insightful legal articles in the ABA Judicial Division’s flagship magazine, the Judges' Journal. Judge Jodi Levine has been focused on assembling a panel webinar program featuring experts in the field of First Amendment freedoms which explore the latest developments facing federal and state administrative judges and administrative law judges. For the year ahead, Judge Adam Wolkoff is taking the lead in maintaining our close relationship with ABA partner, the Association of European Administrative Judges. Judge Danette Mincey will continue to represent our conference before the ABA House of Delegates, as well as before the Administrative Conference of the United States. Judge Sabra Matheny is expanding NCALJ’s reach into the Louisiana administrative courts with an exciting program at the Central Panel Directors Conference in October, in New Orleans. At that conference, NCALJ’s very own Judge Lorraine Lee who recently retired as Chief Judge for Washington’s Office of Administrative Hearings, will be honored for her contributions to state central panels and the administrative judiciary. This is by no means a complete list of contributions, but rather offers a sense of the type of engagement NCALJ is so fortunate to have.
This dedicated team is excited to announce the following 2024 - 2025 strategic plan to guide our committees and working groups. This plan outlines four key areas of focus, and each pillar has well-defined and specific activities and timelines to achieve our goals. Pillar 1 will focus on Gender Diversity in the Judiciary. Our goal is to first assess the current state of gender diversity in the judiciary and advocate for increased representation. We’ve established a working group to assess gender diversity at all levels (federal, state, local). During the fall, we’ll be conducting research using data analysis and surveys to measure representation. In the spring of 2025, we hope to partner with ABA’s UN Representatives and present our findings at the 69th Annual Commission on the Status of Women. In addition, we’ll submit our findings in a report to UN Women and the UN Special Rapporteur on the Independence of Judges and Lawyers, and at a program held in conjunction with other ABA groups, the Federal Bar Association, and the National Association of Women Judges (NAWJ).
Pillar 2 is focused on Improving Judicial Safety in the Administrative Judiciary. For several years, we have been working very hard to improve the physical safety of administrative judges. Most recently, the Association of Administrative Law Judges (AALJ) has taken the initiative to identify this as a key issue of concern, and this work is a natural fit to build on the ABA’s Resolution supporting such efforts. Throughout the year, we’ll be raising awareness of threats to judicial safety by coordinating with ABA Public and Government Affairs through public statements, social media campaigns, and media outreach. In addition, we’ll be working with partners in the legal community to identify and advocate for legislation that protects administrative judges.
Pillar 3 is focused on Protecting Free Speech. A major goal of this year’s programming will be to raise awareness about threats to free speech rights for judges in the administrative judiciary and federal employees generally. Starting in August, we began collaborating with Judge Jodi Levine, the ABA Section of State and Local Government Law, and the Civil Rights Section to develop an online panel discussion on free speech rights. We’ll be spending the fall months promoting and publicizing an online panel discussion scheduled for December addressing the free speech rights of judges in the administrative judiciary and federal employees, generally. Proposed partners include the Office of Special Counsel, media partners, and the Knight Institute.
Finally, Pillar 4 will address Administrative Law in Flux. NCALJ will be taking the lead in expanding understanding and awareness about the evolving landscape of administrative law and its impact on judicial independence. Our judges will monitor and analyze recent court decisions like Securities and Exchange Commission v. Jarkesy and Loper Bright Enterprises v. Raimondo and explore the potential and continuing impact on judicial and administrative deference. We plan to hold a panel program in May, 2025 to discuss the implications of these court decisions for the administrative judiciary. Our team will be conducting research on the relationship between changes in administrative law and judicial independence.
In addition to these focus areas, we have identified several important ongoing initiatives, as well. First, we are improving our communication and engagement with members throughout the year by upgrading the NCALJ webpage to facilitate participation in committees and working groups, and releasing email announcements about upcoming programs and opportunities. Second, NCALJ has a long history of building strength through a variety of partnerships both within the ABA and with other law community partners, including the Association of European Administrative Judges (AEAJ), the Federal Bar Association (FBA), the National Judicial College (NJC), the Administrative Conference of the United States (ACUS), the Federal Administrative Law Judges Conference (FALJC), the National Association of Immigration Judges (NAIJ), the Association of Administrative Law Judges (AALJ), and the National Association of Women Judges (NAWJ). To that end, we look forward to leading a delegation to the AEAJ’s Annual Conference being held next May in Slovenia, and will continue to nurture our cross-collaborations by hosting another speaker from the AEAJ at our National Conference in August 2025.
This is an ambitious set of activities, and I’m honored to take the lead in advancing NCALJ’s contribution in these important focus areas. During these challenging times for the administrative judiciary, I’m delighted that NCALJ will be at the forefront as we continue to build ever stronger support for administrative judges.