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Post by Orly on Jul 9, 2013 22:04:54 GMT -5
A lot of Judges are so fearful and realize that there is no place to go when you leave here that they won't speak up. I hope some others will speak up so you can't say you weren't informed when you accept the job.  C'mon, cheer up. If Judge Swank can find a new home, so can you! |
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Post by bartleby on Jul 9, 2013 22:42:57 GMT -5
As long as you keep bringing out the kitty pictures, I am purring. With my vast background, I can go places you only dream of. Stay thirsty my friends.
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Post by moopigsdad on Jul 10, 2013 7:08:42 GMT -5
A Judge in my class had cases in CPMS that hadn't moved within the time frame alloted. This Judge had illness in the family and was off some for spouses surgery. The HOCALJ spoke to the Judge about moving the cases and the Judge was working on the cases as well as handling a current docket, but the HOCALJ didn't think it was fast enough and gave the Judge a letter of remand, effectively removing the Judge from the transfer list, of which this Judge was number one on the city the Judge wanted and had waited for so long. This effectively moved the Judge back at least two years on the transfer list. The Judge was one of the best, but was so frustrated the Judge resigned from the Agency. Paranoia I think not. There is a new contract coming out and my understanding is that we lost a lot in this one. When the Chief Judge makes it uber easy for anyone to complain about us and then will inform your local Bar that you need additional punishment, it is worrisome, even more so when this same Agency tells us we can't inform local Bars about incompetent attorneys that come in front of us. Until you have been involved with the Union and read the cases and punishments against ALJ's you won't believe it. Some Judges in an office decided to require Reps to submit briefs. Someone complained and the Agency gave the Judges two weeks suspension without pay. Read Boroweic's book, SSA an Agency at war with itself. This goes back 30-35 years. A lot of Judges are so fearful and realize that there is no place to go when you leave here that they won't speak up. I hope some others will speak up so you can't say you weren't informed when you accept the job. I appreciate the sage words of wisdom bartleby. I think it completely depends upon the ODAR office to which one is stationed. Let's hope those type of offices (of which you speak) are few and far between. I hope one does not have to live in fear of repercussions, but you have to pick your battles wisely. Non-conformists are always outsiders in any place of employment. Does this mean you never can challenge a decision or rule? I say no, but it means you don't challenge everyone of them. You choose very judiciously which battles are worth fighting for in the end. Thanks again for the advice bartleby, I take it very seriiously my friend. |
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Post by chinook on Jul 10, 2013 8:00:47 GMT -5
In order to discipline an ALJ (at least with a suspension without pay) the agency must bring an action against the judges at MSPB. If the judges took the suspension without a fight it is their own fault.
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Post by bartleby on Jul 10, 2013 8:03:02 GMT -5
moopigsdad, unfortunately, the offices that have vacancies are often the ones with problems and that is why they have a vacancy. Judges will attempt to transfer out of a problem office when possible. Not all vacancies are in problem offices, so I wish everyone the best of luck, but don't walk away from a good job in order to obtain the Robe.. It is a very thin garment and has no super powers as some may profess.. For me it is a good job. It could be better, but I am an tough old bird and will be around for quite some time inspite of rumors.. Gotta keep the kitties fed, doncha know??
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Post by bartleby on Jul 10, 2013 8:06:47 GMT -5
Chinook, you are right, there was a fight, it was a few years after the incident that they got their unpaid vacation. The Agency has lawyers from OGC that do their fighting for them at no cost. Not quite so for the Judges, much legal fees were spent. That is why the liability insurance is recommended. Anywhere from $100,000 to $200,000 for legal fees against most Agency actions resulting in discipline.
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Post by moopigsdad on Jul 10, 2013 8:22:39 GMT -5
moopigsdad, unfortunately, the offices that have vacancies are often the ones with problems and that is why they have a vacancy. Judges will attempt to transfer out of a problem office when possible. Not all vacancies are in problem offices, so I wish everyone the best of luck, but don't walk away from a good job in order to obtain the Robe.. It is a very thin garment and has no super powers as some may profess.. For me it is a good job. It could be better, but I am an tough old bird and will be around for quite some time inspite of rumors.. Gotta keep the kitties fed, doncha know?? I don't disagree that most ALJ's want to leave those offices with "issues", so hence the openings will occur there first for those acquiring a new position. Hopefully, after serving the necessary time, you can eventually transfer to a better office. During the dreaded "service time", keep your head down and moving forward until you can transfer out. I agree that no super powers come with the robe, but as you state "it is a good job". I appreciate the continued words of wisdom from one in the trenches.  Of course, you have to keep the kitties fed!!! |
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Post by deltajudge on Jul 10, 2013 10:12:08 GMT -5
8-)Someone mentioned the problem is the office you are assigned to, from personal experience, this is correct. Now there is some question as to whether ALJs appointed after the amended job description receive complete protection under the APA, and I defer to Decadealj on this. Since I was appointed in 1976, there was no question the APA was my shield. I had worked in two offices, the last for some years, and for personal reasons requested and was granted a transfer to my third and last office. When I got there, I had almost 20 years experience, had a good reputation as a good producer, no agenda, nothing to prove. Had a good HOCALJ, terrible HOM (later renamed HOD). The HOD had the wrong idea she was also the ALJs boss along with the staff. Needless to say she and I did not hit it off. The HOCALJ was a great guy, understood and since he was her boss, held her at bay. This all changed when the old HOCALJ transferred to a retirement office, and a new guy was sent in. Had maybe 5 years experience with OHA (as then known) and was an immigration judge before who were not protected by APA, which compounded the problem. Not only was he just plain ignorant, he was ignorant of the APA. The HOM swooped him under wing and used him as her surrogate. I had more or less ignored her, and just did my job, as I really didn't need any supervision. But, when he started in with directives about old cases, transferring them off one ALJ's docket to another, which us older ALJs refused to accept, questioning credit hours, and many other nit-picking irritation, I advised him, all he needed to do was check and he would see I was scheduling my cases as soon as practible, hearing them, and putting them out for decision promptly, and any old cases on my docket was due to staff delay, and that was his and the HOM's responsibility. Anyway, this continued until he embarrassed regional and was canned. Our training back then included the APA, and we were advised it was there to protect the decisional independence of the ALJ and other safeguards such as I have described, but mainly to protect the claimant.
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Post by decadealj on Jul 10, 2013 13:03:59 GMT -5
I left all my APA research material in the office when I retired. I had gathered it in anticipation of a fight over the RCJs refusal to enforce subpoenas (about which I have previously posted). However some old timer may remember a published opinion by the OGC around 1995 or so that stated that although the APA was based on SSAs hearing procedures, APA post dated the hearing examiner process and was not applicable to OHA hearings. This was at the height of our OHACJ efforts to protect the office and authority of the Chief Judge. He was a remarkable man and I distinctly remember Judge Tom Capshaw returning form a meeting with congressmen and staffers who were then allies of OHA, and a temporary victory for the office. That was the highpoint of the Chief judge's authority and it has gone down hill since with the appointment of managemnt types ever since.
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Post by Administrator ALJ on Jul 10, 2013 14:56:13 GMT -5
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Post by Administrator ALJ on Jul 10, 2013 15:00:15 GMT -5
My bad...it's just a preview. And of course, the omitted materials is what I was interested in reading the most.  |
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Post by bartleby on Jul 10, 2013 20:44:57 GMT -5
It's available from amazon.
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Post by deltajudge on Jul 10, 2013 21:17:37 GMT -5
8-)Well, this is my personal opinion. I really don't think those that be in SSA and their minions in ODAR really want to get down to the lick log on APA. They'll continue to dance around it, and chip away at it as always.
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Post by decadealj on Jul 11, 2013 13:09:10 GMT -5
I wonder if AALJ has considered making the APA a factor in its litigation?
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Post by privateatty on Jul 12, 2013 8:58:11 GMT -5
8-)Well, this is my personal opinion. I really don't think those that be in SSA and their minions in ODAR really want to get down to the lick log on APA. They'll continue to dance around it, and chip away at it as always. Yup. And as they dance, some will shoot at their feet. |
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Post by decadealj on Jul 12, 2013 13:34:59 GMT -5
I think they already shot off their feet.
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Post by cougarfan on Jul 12, 2013 19:08:28 GMT -5
if an ALJ is doing his/her job, playing nice, and has a good attitude, etc., do they (management) really mess with you in those respects? Now, I imagine there are many offices that have issues just like any job, and maybe I work in a great office and don't see it, but I can't imagine having management mess with you for no reason. Am I being naive? Nope, I think you're just being reasonable, which is one of the secret ingredients to a long and happy career anywhere. Every office is different, and there are some offices in the Agency that's just bad. However, in the couple offices I have been to, I did my 500+ cases in a timely manner, and no one ever bothered me. I enjoy my job, and I have no major complaints. The same goes for the other judges in my office. I think if you follow the Golden Rule, you should be fine unless you end up in a very dysfunctional office. Now on the other hand, if you're itching for a fight to prove your judgehood and show everyone you march only to your own tune, then you'll definitely find the rumble you're looking for. This has been my experience as well. I came to this job from private practice. In the instances that I have had cases linger in a CPMS category, due to having picked up hearings for an ill judge, the most I ever saw was my HOCALJ (who is very good) ask me to take a look at my categories. I've had no complaints, enjoy my work, enjoy the people I work with, and do not miss the demands of private practice (where, by the way, I was also asked to meet certain levels of production). |
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Of course, you have to keep the kitties fed!!!
