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Post by deltajudge on Jul 9, 2010 14:55:10 GMT -5
8-)I forgot to mention that a good friend of the ALJs who was in the legislature in Mississippi got ALJs the same exemption as Federal and State Judges as far as having to pay bar dues and still remain active in the Bar, with full voting privileges, etc.
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Post by aljsouth on Jul 9, 2010 16:38:24 GMT -5
OPM is about to propose a new regulation. I saw this on the AALJ board:
"OPM is proposing that an incumbent administrative law judge must maintain a license or status requiring adherence to an ethical code. OPM proposes to defer to the rules of the applicable licensing entity as to the type of license or status appropriate for a sitting Federal administrative law judge."
OPM will still require candidates to have active licenses; but once an ALJ the above rule will apply.
I am licensed in two states. Both retain the right to discipline lawyers in "inactive" status. This would apparently meet the requirements of the rule, that the judge in inactive status would have to adhere to an ethical code. Each state is different, but the ones I am familiar with do not require CLE for inactive status.
Inactive in some states can be easily converted to active by payment of the annual fee and starting back with CLE. Other states may not have such easily changeable statuses. CONSULT YOUR STATES OF LICENSURE if you are selected. I know many southern states exempt ALJ's from CLE. Check on this if you are selected and make an informed decision about this issue.
BTW the AALJ has an annual training program tailored to SSA ALJ's. It is accredited. I know of no judge who wasn't allowed to claim this as CLE. The cost is about the same as CLE seminars put on by bar associations or law schools. The agency has given admin leave to attend. You have to pay of course.
Recently the agency [for the last few years anyway, who knows in future] has given supplemental training to about 1/3 of the judge corps each year. This is also accredited.
If selected, this will not be a huge issue for you.
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Post by 71stretch on Jul 9, 2010 16:42:28 GMT -5
OPM is about to propose a new regulation. I saw this on the AALJ board: "OPM is proposing that an incumbent administrative law judge must maintain a license or status requiring adherence to an ethical code. OPM proposes to defer to the rules of the applicable licensing entity as to the type of license or status appropriate for a sitting Federal administrative law judge." OPM will still require candidates to have active licenses; but once an ALJ the above rule will apply. I am licensed in two states. Both retain the right to discipline lawyers in "inactive" status. This would apparently meet the requirements of the rule, that the judge in inactive status would have to adhere to an ethical code. Each state is different, but the ones I am familiar with do not require CLE for inactive status. Inactive in some states can be easily converted to active by payment of the annual fee and starting back with CLE. Other states may not have such easily changeable statuses. CONSULT YOUR STATES OF LICENSURE if you are selected. I know many southern states exempt ALJ's from CLE. Check on this if you are selected and make an informed decision about this issue. BTW the AALJ has an annual training program tailored to SSA ALJ's. It is accredited. I know of no judge who wasn't allowed to claim this as CLE. The cost is about the same as CLE seminars put on by bar associations or law schools. The agency has given admin leave to attend. You have to pay of course. Recently the agency [for the last few years anyway, who knows in future] has given supplemental training to about 1/3 of the judge corps each year. This is also accredited. If selected, this will not be a huge issue for you. That's really good information, aljsouth. Thanks for sharing that!
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Post by southerner on Jul 10, 2010 17:29:32 GMT -5
The CLE requirements vary greatly from state to state. One of my classmates has Ohio bar membership and she has to have CLE approved by the state. I have Louisiana bar membership and, pursuant to MCLE rules here and having lifetime federal judicial appointment, I am exempt from CLE requirements, dues, and disciplinary fee assessments. I retain voting privileges. This is pursuant to a provision that exempts federal judges and magistrates. Every year I have to submit a state bar form that indicates I am still a judge.
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Post by ruonthelist on Jul 10, 2010 17:39:30 GMT -5
You may want to keep in mind that judges attend CLE free of charge if in a related area and that area is "administrative law." There are a lot of admin law courses out there. Generalizations about what ALJs can and can't do are tricky, because policies vary from state to state, and from one CLE provider to another. Whether judges can attend CLE free of charge is up to the CLE provider. In my state judges, including federal ALJs, are judicial members of the bar. The state bar sponsors lots of CLE conferences. At some of them judges attend free, but at others judges pay the full price. And that is just the bar sponsored conferences. In conferences put on by private sector CLE companies I have never heard of judges getting in free, and rarely heard of them getting a discount. Private sector CLE providers can't afford to get too sentimental over things like judicial status.
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Post by kenjazzman on Jul 14, 2010 1:39:01 GMT -5
You must check your states' rules, read them carefully, and ask questions if need be. The jurisdictions vary tremendously. There is no such thing as "inactive" in New Jersey, for example. Unless you fit one of the narrowly defined exemptions, and ALJs do not, you must pay the annual assessment or be declared Ineligible by order of the Supreme Court. Ineligible is not in good standing. This stuff is worth thinking through carefully.
kenjazzman
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Post by barkley on Jul 14, 2010 6:40:28 GMT -5
Just to throw this out for the sake of discussion, it never hurts to have a plan B.
There may come a day when I wake up and cannot face another depressed person with back pain. There may come a day when I wake up and don't want to face micromanagement. There may come a day when Congress decides to scrap the whole system and start over with hearing examiners.
Although all of those are unlikely to happen, it is nice to know my dues are paid and I could hang out my shingle tomorrow if I wanted.
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Post by privateatty on Jul 14, 2010 6:51:47 GMT -5
Just to throw this out for the sake of discussion, it never hurts to have a plan B. There may come a day when I wake up and cannot face another depressed person with back pain. There may come a day when I wake up and don't want to face micromanagement. There may come a day when Congress decides to scrap the whole system and start over with hearing examiners. Although all of those are unlikely to happen, it is nice to know my dues are paid and I could hang out my shingle tomorrow if I wanted. I would suggest that you join FALJC and come to Ocean City to meet other Judges in other Agencies, hear their stories on how they came from SSA and consider another Agency as "Plan B". As we speak, Interior is looking for an ALJ for a Portland OR position.
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Post by bowser on Jul 14, 2010 8:13:46 GMT -5
Does ODAR's contract with Westlaw allow ALJs have access to their CLE training?
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