Report by FALJC Liaison David Welch of American Bar Association’s National Conference of the Administrative Judiciary (ABA NCALJ)

At the ABA Annual Meeting last month, the reconstituted NCALJ Federal Adjudication Committee’s new Chair ALJ (retired) (and FALJC member) Jud Scott, requested the following:

We want to know your own/your group’s written views of the pros/cons about each of three models:  

  1. an independent Article I  US Administrative Court , i.e., like the tax court, federal claims court, etc.;  
  • an Article I  Federal Adjudication Commission  headed by a multi-member bipartisan group*, i.e., like, SEC, FCC, etc.; and 
  • maintain status quo and risk continued marginalization of APA, and increasing undue political and agency influence. 

Please provide your thoughts and opinions: on our FALJC web page “Member News,” to your respective agency’s FALJC Executive Committee Representative or our FALJC Officers.

Respectfully Submitted,

DAVID L. WELCH

First Vice President, FALJC

david.welch@faljc.org

Comments

  1. Judge Hannon says:

    I have always favored an Article I court. However, the appointment of ALJs in an Article I court must be merit based without agency influence.

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