In memoriam: Hon. Joseph N. Ingolia

FALJC member Chief Judge Walter J. Brudzinski has shared this tribute marking the passing of former Coast Guard Chief Judge Ingolia To All:  I'm sad to report that our former Chief Administrative Law Judge (1991-2011), Hon. Joseph N. Ingolia, passed away last night at his home in Towson, Maryland.  Chief Judge Ingolia had been ill for several years and was suffering from multiple conditions for which he was recently hospitalized and discharged last Friday.  He was 94. What we know so far is that the funeral arrangements will be handled by Ruck Towson Funeral Home, 1050 York Road, Towson, Maryland 21234 with burial at Moreland Memorial Park Cemetery, 1601 Taylor … [Read more...]

ACUS Plenary Meeting June 13 and ACUS Materials

The Administrative Conference of the United States (ACUS) will hold its 71st Plenary Session on June 13, 2019, at The George Washington University Law School Jacob Burns Moot Court Room, 2000 H Street, NW, Washington, DC 20052.  The meeting will convene at  9:30 a.m. and conclude at 4:30 p.m. EDT.  The agenda and additional information about attending the session can be found at this link. Thanks to Judge Thomas McCarthy for providing materials about issues ACUS is evaluating.  Here are two documents: Recommendation on Agency Recruitment and Selection of Administrative Law Judges:  ACUS formed an Ad Hoc Committee comprising members of the Committe on Adjudication and members of the … [Read more...]

FERC Seeks Deputy Chief ALJ (AL-02)

The Federal Energy Regulatory Commission, or FERC, has posted an announcement for a Deputy Chief Administrative Law Judge.  The announcement appears limited to internal FERC candidates. The position has been posted on USAjobs in two ways: Current employees of FERC in the competitive service Current employees of FERC in the excepted service Both announcements require the candidate to currently hold an ALJ position and to have held an ALJ position at the AL-3 level for at least one year. … [Read more...]

Independence of Immigration Judges

Judge Goodwin recommends FALJC members read a Law360 article discussing concerns about the independence of immigration judges.  According to the article, "A bill introduced in the Senate on March 6 aims to give judges greater independence by protecting them from retaliation for their decisions and removing quotas for processing cases instituted by the Trump administration. "But many advocates are pushing lawmakers to go further and remove immigration judges from the DOJ altogether, instead converting them to Article 1 judges. Putting them on equal footing with the rest of the federal judiciary will allow them to fix severe inefficiencies in the immigration court system, they say. "It’s … [Read more...]

Press Concerning Recent ALJ Bill

The following article was recently published by the Federal Times: Lawmakers push back on the partisan selection of administrative judges By: Jessie Bur President Donald Trump recently reclassified administrative law judge positions to enable agency leadership to select candidates, rather than going through a competitive process.  A bipartisan group of congressmen pushed back May 1 against a Trump administration initiative to move administrative law judges out of competitive service and into a category that would allow agency leadership to select individuals for those positions. Reps. Elijah E. Cummings, D-Md.; Brian Fitzpatrick, R-Pa.; Richard Neal, D-Mass.; Rodney Davis, R-Ill.; … [Read more...]

Bipartisan Legislation Introduced to Restore Competitive Examination for ALJs

Today, a bipartisan group of members of the House of Representatives introduced a bill to restore administrative law judges to the competitive service and ensure that their appointments are based on competency and merit-based standards.  The bipartisan group of sponsors issued the following joint statement: “We are pleased to introduce this legislation to ensure the integrity and impartiality of decisions that affect the lives of millions of Americans. These decisions have a significant impact on their Social Security, Medicare, workers’ compensation, and veterans’ benefits, as well as claims of discrimination, unfair labor practices, and securities fraud. Lives would be disrupted if … [Read more...]

ALJ Position at FDIC

The FDIC has posted an opening for an ALJ in the Office of Financial Institution Adjudication (OFIA), which hears cases brought by the Federal Deposit Insurance Corporation, the Board of Governors of the Federal Reserve System, the Office of the Comptroller of the Currency, and the National Credit Union Administration Board. Now-retired Judge C. Richard Miserendino first circulated an announcement for this position at the end of last year. The FDIC has just reposted the position on USAjobs.  The posting is open until April 25, 2019. This is the link to the full description for this position: https://www.usajobs.gov/GetJob/ViewDetails/529692500 … [Read more...]

Kisor v. Wilkie – Supreme Court Oral Argument March 27, 2019

On March 27, 2019, the United States Supreme Court will hear oral argument in Kisor v. Wilkie.  The issue on certiorari is whether the Supreme Court should overrule Auer v. Robbins and Bowles v. Seminole Rock & Sand Co., which direct courts to defer to an agency’s reasonable interpretation of its own ambiguous regulation.  FALJC members can read more about the case at this link.   … [Read more...]

CareerGuard Professional Liability Insurance

FALJC members interested in professional liability insurance may wish to consider a policy from CareerGuard. A CareerGuard policy provides legal representation in the event of a job action, such as an MSPB proceeding, and CareerGuard has experience representing federal administrative law judges in such actions. CareerGuard options include: Option A – $100,000 Administrativ/Criminal e Defense Coverage and $1 million of Liability Coverage Option B – $200,000 Administrative/Criminal Defense Coverage and $1 million of Liability Coverage Option C – $100,000 Administrative/Criminal Defense Coverage and $2 million of Liability Coverage Option D – $200,000 Administrative/Criminal Defense … [Read more...]

In Memoriam – Judge Curtis E. Renoe

Our esteemed colleague, Judge Curtis E. Renoe, passed away unexpectedly on February 4, 2019.  All who knew him, and especially his Coast Guard and SSA colleagues, will miss his warmth, intelligence, wit, and heart.  A memorial service will be held on Friday, March 1, 2019, at 10:00 a.m. in Gresham Hall, Coast Guard Island, Alameda, California. Admiral Karl L. Schultz, U.S. Coast Guard Commandant, has issued the following fitting tribute: To the Men and Women of our Coast Guard, It is with great sadness that I inform you that on Monday, 4 February 2019, United States Coast Guard Administrative Law Judge Curtis E. Renoe passed away on Coast Guard Island in Alameda, California. Judge … [Read more...]