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Post by noweeman on Apr 17, 2015 6:59:20 GMT -5
I understand the limitations on outside legal work and political activity for ALJs, but I was wondering if anyone has insight as to what extent an ALJ can remain involved in his/her community? e.g., can one serve on a Board for a 501c charitable group? Or on the local zoning board? Or be involved with the Rotary club? Etc.
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Post by JudgeRatty on Apr 17, 2015 7:07:24 GMT -5
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Post by noweeman on Apr 17, 2015 7:46:57 GMT -5
Very helpful, thank you! One other specific question: anyone see a conflict with being a municipal court judge, a la Night Court?
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Post by luckylady2 on Apr 17, 2015 9:23:42 GMT -5
Yeah, you know there's no conflict in seeing the same person twice in the same capacity - ie successive SSA benefit claims, but there's quite a potential for at least some appearance of impropriety in adjudicating the same person in very different capacities - one potentially criminal and the other civil. If you ruled against an individual on their traffic violation on Monday and against his or her claim for SSA benefits on Wednesday, there's at least a colorable argument that one influenced the other.
I also believe that they've made it pretty clear that when you accept this job, you pretty much have to give up outside practice of law, which would bar the municipal judgeship.
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Post by Pixie on Apr 17, 2015 9:30:53 GMT -5
Very helpful, thank you! One other specific question: anyone see a conflict with being a municipal court judge, a la Night Court? I know one judge who sits specially (by individual appointment) in State Criminal Court. He put in a request for outside activity, and it was approved. He has been doing this for a number of years and is well versed in criminal matters. The lawyers enjoy him while he is on the criminal bench as he is experienced, pleasant and is fair to both sides. He takes leave for this activity and never does it on government time.
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Post by Gaidin on Apr 17, 2015 9:40:53 GMT -5
Very helpful, thank you! One other specific question: anyone see a conflict with being a municipal court judge, a la Night Court? I can't imagine that this would be allowed. Pixie says I don't imagine broadly enough.
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Post by Pixie on Apr 17, 2015 9:49:54 GMT -5
Yes, I would have thought his sitting specially would not be approved, but it was. Really, though, when one analyzes it, there is no conflict of interest as long as a claimant doesn't appear before him in criminal court. If that should happen, it would be a simple matter to recuse himself in the criminal matter. Pixie.
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Post by Missundaztood on Apr 17, 2015 10:08:18 GMT -5
I don't have experience with SSA specifically but with such requests with another government agency. And translating from that, I suspect the important elements are: 1) an advance request and approval; 2) absolutely no double-dipping (as Pix wrote, the ALJ takes leave for the special appointment); 3) a very limited second gig (meaning, I suspect the ALJ sitting "specially" is not full-time but again fits it in during leave); and 4) above all else, avoiding the appearance of impropriety. Just my two cents.
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Post by crab on Apr 17, 2015 10:43:19 GMT -5
noweeman, it is great that you are thinking about this in advance and putting it back on the radar for others, both sitting and hopefuls. It's very important and the stakes are big. In order to get specific advice, and the qualified protections that go along with it, however, I urge you to reach out to your OGC ethics attorney when the time comes. Every situation is different. So, while learning the lay of the land may helpful in your preliminary decision-making, don't rely on anecdotes. Just one crab's opinion.
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Post by funkyodar on Apr 17, 2015 11:06:00 GMT -5
It's not exactly a cut and dried, evenly applied issue either. I have no experience asking to do outside activity as an ALJ, but as a writer I found it somewhat infuriating. A colleague asked for permission to essentially keep his practice going doing uncontested matters on the side and was granted permission. Meanwhile, i was once asked by my HOCALJ to attend a seminar at a nearby law school and play the part of the "representative" in a mock hearing put on to show the procedure to law students. When I asked to do this one time thing, unpaid, taking leave....request denied.
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Post by Propmaster on Apr 17, 2015 11:25:54 GMT -5
I hear you Funky. I have been waiting 9 months for approval (or disapproval) to participate in a spicy food eating contest. Although the point is well moot now, I am going to wait until the one-year anniversary of my request to withdraw it. It generally takes about 3 months to get a response to anything in our region, and this is despite a special training in which they encouraged us to "err on the side of asking for approval."
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Post by lizdarcy on Apr 17, 2015 11:29:41 GMT -5
I read the rules carefully before applying for the ALJ position. From that reading, I do not expect to make money as a lawyer anywhere but at the agency I am hired for. I did expect that I could work as an adjunct professor teaching undergraduates in totally unrelated areas; that I could continue to serve as an unpaid member of my local community board; and that I could continue to serve as an unpaid officer of a community advocacy organization that has nothing to do with SSA matters. I hope that's all true.
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Post by Gaidin on Apr 17, 2015 12:04:03 GMT -5
I hear you Funky. I have been waiting 9 months for approval (or disapproval) to participate in a spicy food eating contest. Although the point is well moot now, I am going to wait until the one-year anniversary of my request to withdraw it. It generally takes about 3 months to get a response to anything in our region, and this is despite a special training in which they encouraged us to "err on the side of asking for approval." Propmaster between this spicy food eating contestant bit and your excellent reference skills I feel like we should hang out.
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Post by Missundaztood on Apr 17, 2015 12:15:51 GMT -5
I hear you Funky. I have been waiting 9 months for approval (or disapproval) to participate in a spicy food eating contest. Although the point is well moot now, I am going to wait until the one-year anniversary of my request to withdraw it. It generally takes about 3 months to get a response to anything in our region, and this is despite a special training in which they encouraged us to "err on the side of asking for approval." Propmaster between this spicy food eating contestant bit and your excellent reference skills I feel like we should hang out. You'd never get approval for that.
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Post by agilitymom on Apr 18, 2015 16:30:04 GMT -5
I did ask for informal approval to sit on the board of a 501(c) and was not exactly denied. What I was told is that such a request wouldn't be approved while in training (i.e., during the first year). So I didn't ask formally because I thought that was reasonable. It will be interesting to see what the call will be after the first year....only time will tell.
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Post by thankful1 on Apr 18, 2015 21:43:05 GMT -5
I did ask for informal approval to sit on the board of a 501(c) and was not exactly denied. What I was told is that such a request wouldn't be approved while in training (i.e., during the first year). So I didn't ask formally because I thought that was reasonable. It will be interesting to see what the call will be after the first year....only time will tell. That's more than a little disappointing. They employ you, they don't own you. I'm assuming that sitting on the board of a charitable organization is a volunteer position, and that the organization presents no conflicts, and is not political. Can you be on the PTA? Neighborhood Associatuon VP?
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Post by mamaru on Apr 19, 2015 6:55:01 GMT -5
When I became a writer we were told we had to apply for volunteer activities, such as athletic organization boards, coaching, and scout leader. That may have been just one manager's opinion.
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Post by anotherfed on Apr 19, 2015 8:04:58 GMT -5
My greatest hope is that if I get the job, I will HAVE to resign from the board of my HOA...lol. While I can see why there might be questions if a judge is in such a leadership position, but knowing the personality types who become judges, I think any advantage comes from the force of the personality rather than the force of the title.
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Post by BagLady on Apr 21, 2015 18:41:32 GMT -5
Uh-oh. I never asked permission to remain third grade room mom . . .
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Post by cheesy on Apr 21, 2015 20:16:36 GMT -5
Uh-oh. I never asked permission to remain third grade room mom . . . Kids and parents agree, BL is Best Room Mom Ever. The kids appreciate the chemistry lessons and the cool colors. The parents appreciate the 80 proof.
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