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Post by downbutnotout on Mar 13, 2014 23:40:19 GMT -5
There seem to be a few of us who got bumped because of issues with bar membership although we are active/in good standing. I thought I would start a thread here so we can consolidate our discussions and share strategies.
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Post by DreamNalj on Mar 14, 2014 5:43:16 GMT -5
I am judicial status...apparently that does not count even though the position for which we are all applying is that of "judge."
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Post by State ALJ on Mar 14, 2014 7:58:23 GMT -5
I have the same issue. Judicial status, which appears to be a problem. Does anyone have the information on how to appeal?
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Post by BagLady on Mar 14, 2014 8:08:51 GMT -5
From the application: "Judicial status is acceptable in lieu of 'active' status in States that prohibit sitting Judges from maintaining 'active' status to practice law."
Perhaps someone who took the option of "judicial" when they could have remained "active" (rather than being prohibited from maintaining "active") is the problem? I can only imagine it's a state-by-state analysis, and a potentially sticky one at that.
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Post by basileia on Mar 14, 2014 8:18:27 GMT -5
I work for the judicial branch and, at the time of application, my bar membership was regular inactive, which in my state was permissible for people who worked for the judiciary. In the state where my bar membership is, we were considered to be in good standing and could switch back to active at anytime. It basically was a way to save some money on bar dues yet not be considered as being engaged in unauthorized practice of law while working for the court. I then moved to another State, again employed in the judicial branch. That state also does not require bar dues or CLE from judicial employees. I am required to be a bar member of any state for that job and my regular inactive status was acceptable for that. When I applied for the ALJ register, I explained this on the application, but out of caution, I also went ahead and switched my bar registration back to regular active. I had fully active status again by the time I got the notification to go to DC and I remain active now.
I viewed myself as falling under this definition, which was quoted in the NOR and on the application: "being in "good standing" is acceptable in lieu of "active" status in States where the licensing authority considers "good standing" as having a current license to practice law."
I assumed it was indeed acceptable, given that I explained the situation on the application and was moved on. I would have accepted that it was not had they timely told me so. But after quite a bit of time and expense to find out now, I am quite annoyed. As a public employee, I don't draw a huge salary and that trip to DC was a significant expense for me.
I will appeal, but I don't have high hopes. On the good side, I do love my current job. I believe I would enjoy being an ALJ and would be good at it. It would also be a significant increase in salary for me. However, I don't think it could match the current quality of life (other than monetary) and satisfaction that I get from my current position. So it isn't the end of the world or anything. I am more angry about the late decision on this than anything. It all seems like a colossal waste of time and money now.
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Post by basileia on Mar 14, 2014 8:21:41 GMT -5
I think those with "judicial status" have much better chances at appeal than I do. I hope you all do appeal whenever they actually send the information on how to do so.
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leo68
Full Member
Posts: 33
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Post by leo68 on Mar 14, 2014 8:28:18 GMT -5
My status is, and always has been "active." I have never been inactive or held any other status, which is why I am so confused right now. I suspect a bar letter will be all that is required because I can think of no other way to certify credentials. Would anyone care to take a SWAG at how long the appeal process will take and whether there is any possibility of still making the first cert?
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Post by downbutnotout on Mar 14, 2014 8:35:42 GMT -5
Leo68-
I will be contacting my bar today to obtain the same sort of letter. And for all who are "judicial" I think you clearly fall into the eligibility criteria, too. Like others, the big question for me is how will this impact my selection if I am successful in my appeal? I didn't receive any other info than this notice, so I have no idea of my performance on the SI or WD. Will those need to be graded? And how is it that I received the preliminary notices that my application was in fact ineligible all along? Very, very frustrating. If I successfully appeal and am delayed in the selection process because of this, I am considering writing a letter to my congressionals. At least I will shed a little sunshine on what I perceive to be a very disorganized agency.
DBNO
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leo68
Full Member
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Post by leo68 on Mar 14, 2014 8:45:23 GMT -5
Can't blame you DBNO. I have already contacted my bar and they are drafting my letter as we type. I am very worried about how this will affect my ability to get scored and placed on a cert. Not very happy with OPM right now...
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Post by sealaw90 on Mar 14, 2014 8:59:14 GMT -5
Just a suggestion - make sure your bar certifies that you were an active member/in good standing from the date your ALJ application was submitted until the present. some state bar letters do not go into such detail, but I would think it would remove all doubt from your appeal.
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leo68
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Post by leo68 on Mar 14, 2014 9:40:27 GMT -5
Good tip Sealaw. That is exactly what I requested of my bar.
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Post by deltajudge on Mar 14, 2014 10:04:15 GMT -5
8-)This issue came up right before I retired about 9 years ago. We had been told when I came on board and it had also been put in writing that we did not have be "active"members of our respective bar associations. Then out of the blue, OPM decided on it's own all ALJs had to have an active license. This caused a firestorm, I had been active for most of my time as an ALJ, but a few years before I retired my home state gave us Judicial Status.
what really got a lot of ALJs attention was, they had let their bar membership lapse. It was resolved somehow, but never understood why OPM thought you should have an active license, even though you couldn't practice.
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Post by 71stretch on Mar 14, 2014 10:29:38 GMT -5
Leo68- I will be contacting my bar today to obtain the same sort of letter. And for all who are "judicial" I think you clearly fall into the eligibility criteria, too. Like others, the big question for me is how will this impact my selection if I am successful in my appeal? I didn't receive any other info than this notice, so I have no idea of my performance on the SI or WD. Will those need to be graded? And how is it that I received the preliminary notices that my application was in fact ineligible all along? Very, very frustrating. If I successfully appeal and am delayed in the selection process because of this, I am considering writing a letter to my congressionals. At least I will shed a little sunshine on what I perceive to be a very disorganized agency. DBNO I suspect your testing was all graded. The SI was scored as it happened, and they would not have pulled your WD back from being scored. I suspect that part of what has been going on since we all tested is going back and checking stuff like bar memberships. But, I can't see why questions about this could not have been resolved MUCH earlier in the process. Requiring "active" (by that name only) membership for applicants is a bit bizarre, since now you can go on inactive or retired status when you are hired-- sitting ALJs (at least at ODAR, I can't remember if the new rule applies to everyone, but I think it does) no longer have to be active members. |
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Deleted
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Post by Deleted on Mar 14, 2014 14:57:46 GMT -5
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Post by steelrain on Mar 14, 2014 15:11:03 GMT -5
To All with Bar Issues: An applicant on another thread said to send in an inquiry to the helpdesk clearly stating that it is not an appeal but a question concerning your bar status. Attach your evidence and they will resolve the issue without the need of an appeal. One applicant claimed he forwarded his info this morning and already got a revised NOR. I think you are referring to my post. However, that did not involve my bar status, but an error with my Vet preference point classification. I also did not send in any new information but referred directly to the documents I had submitted last year. I am not trying to discourage anyone from trying this route, but I don't want people to have unrealistic expectations either. Best of luck! |
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Post by Deleted on Mar 14, 2014 15:18:20 GMT -5
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Post by basileia on Mar 14, 2014 15:22:47 GMT -5
Where do I find the help desk email? Is that in the application manager somewhere? I have a good standing letter from my bar.
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Post by basileia on Mar 14, 2014 15:49:23 GMT -5
Where do I find the help desk email? Is that in the application manager somewhere? I have a good standing letter from my bar. I found it and sent an email with documentation. I figure it can't hurt to try. |
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Post by kitkat on Mar 14, 2014 18:30:45 GMT -5
The pertinent regulations regarding bar licensure for Administrative Law Judges can be found at 5 CFR Part 930. OPM recently (as of January 1, 2014) amended the requirement that incumbent Administrative Law Judges possess professional licensure to practice law and be authorized to practice law. While this amendment specifically applies to incumbent Administrative Law Judge, it does contain information regarding the licensure requirements for applicants. The amendment was published in the Federal Register on Monday, December 2, 2013. I've included a link to the applicable Federal Register article: op.bna.com/gr.nsf/id/llbe-9e2nzc/$File/OPM%20Dec.%202%20Notice.pdf |
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Post by State ALJ on Mar 16, 2014 8:25:06 GMT -5
I have done the same. Hoping for the best
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