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Post by pumpkin on Aug 22, 2018 19:13:08 GMT -5
I said last month that Trump would pick "a real winner" to test his discretion to fire inferior officers. This would be a good test case. I doubt it will make it to the test case phase. In most states, a felony conviction will result in your bar license being yanked. No bar license, no ALJ job. I think it will be a pretty straightforward decision without having to agonize over any CBA or MSPB implications. Just my thoughts, not based on any persuasive or binding precedent. |
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Post by Pixie on Aug 22, 2018 21:28:30 GMT -5
You can all say what you want. In spite of all of the protections he might have, he will never hear another case. I hate to see anyone get in trouble, but this guy is finished. Pixie
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Post by hopefalj on Aug 22, 2018 22:00:01 GMT -5
I said last month that Trump would pick "a real winner" to test his discretion to fire inferior officers. This would be a good test case. I doubt it will make it to the test case phase. In most states, a felony conviction will result in your bar license being yanked. No bar license, no ALJ job. I think it will be a pretty straightforward decision without having to agonize over any CBA or MSPB implications. Just my thoughts, not based on any persuasive or binding precedent. Do we still need a license? I thought a license was only needed to get the job, not to keep it. Did the rules change while I wasn't paying attention? |
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Post by magisterludi on Aug 22, 2018 23:09:50 GMT -5
QUALIFICATION REQUIREMENTS
An applicant must meet both the licensure and experience requirements and pass the OPM administrative law judge competitive examination to qualify for an ALJ position.
Licensure
Applicants must be licensed and authorized to practice law under the laws of a State, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the United States Constitution throughout the selection process, including any period on the standing register of eligibles. Judicial status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining "active" status to practice law. 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.
CONDITION OF EMPLOYMENT
ALJs must be held to a high standard of conduct to maintain the integrity and independence of the administrative judiciary. As a condition of employment, all ALJs must meet the licensure requirement stated in Part II Qualification Requirements. Incumbent ALJs must continue to meet this condition throughout the duration of their employment. This requirement also applies to former ALJs who are reinstated or reemployed as Senior ALJs. Judicial status is acceptable in lieu of "active" status in States that prohibit sitting judges from maintaining "active" status to practice law. 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.
Note: On July 18, 2008, the Office of Personnel Management issued an interim rule, 73 FR 41235, suspending the requirement in 5 CFR 930.204(b) that requires incumbent ALJs to "possess a professional license to practice law and be authorized to practice law".
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Post by barkley on Aug 23, 2018 13:35:24 GMT -5
Although technically one may choose to go to an inactive status, in this climate, it is crazy not to have a current license. I have kept my CLE current all these years, as much as a talisman as anything else. You never know what the Powers That Be will decide to do.
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Post by foghorn on Aug 23, 2018 14:26:27 GMT -5
OMHA ACALJ--- looking for those with "special authority" www.usajobs.gov/GetJob/ViewDetails/508728300Here's what that is: The Federal Government offers other special hiring paths (also known as a hiring authority) to help hire individuals that represent our diverse society. Help Working in Government Unique Hiring Paths Special authorities Eligibility You may be eligible under a special authority if you are a: Former employee of the Canal Zone Merit System or Panama Canal Employment System. Former employee who served in the Office of the President or Vice-President or on the White House Staff. Former incumbent of a position brought into the competitive service. Disabled veteran who has completed a training course under Chapter 31 of title 38, United States Code. Former ACTION volunteer. Current or former Foreign Service officer or employee. Former employee of the Panama Canal Commission located in the United States. There are specific eligibility requirements for each of these special hiring authorities. Please read OPM's code of federal hiring regulations for more details. How do I know a job is open to a special hiring authority? In the job announcement look for the This job is open to section. When a job is open to a special hiring authority you'll see the Special authorities icon: You also need to look at the Clarification from the agency section for further details about eligibility. There may be other groups listed that can also apply. In search, select the Special authorities filter. Your results will display all jobs open to special authorities. Documents you may need Depending on the job, you may need to provide several different documents with your application. The Required documents section in the job announcement will list any required documents. Learn about the different document types. More to the point, you have to be an ALJ or eligible for reinstatement. Hey, it's an opening. |
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Post by desert2beach on Aug 23, 2018 14:44:17 GMT -5
Although technically one may choose to go to an inactive status, in this climate, it is crazy not to have a current license. I have kept my CLE current all these years, as much as a talisman as anything else. You never know what the Powers That Be will decide to do. At my agency, we're required to have an active, unrestricted license. Some years ago, an attorney went inactive to save bar fees and this was not discovered for several years. As a result, we now have to demonstrate an active, unrestricted license yearly. |
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Post by Pixie on Aug 23, 2018 15:06:19 GMT -5
Although technically one may choose to go to an inactive status, in this climate, it is crazy not to have a current license. I have kept my CLE current all these years, as much as a talisman as anything else. You never know what the Powers That Be will decide to do. Exactly. Keep the bar license active, or in a category that may be quickly returned to active. |
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Post by foghorn on Aug 23, 2018 15:50:40 GMT -5
Note: different states' have different status definitions and requirements for each. For active some require proof of malpractice insurance. I suggest everyone read each of their state's current rules, then call to be doubly sure. Staff of the offices involved in attorney registration are very pleasant if you are pleasant to them.
For those who need verification in a hurry, most state Bars have an "attorney search" feature that lets the public see if an individual is currently an attorney. Go there, get a screen capture, and you have proof without waiting for the formal attestation (which let's face it only means you were current as of that date. As certain defendants who shall remain nameless will demonstrate, today's active member can be tomorrow's disbarred or suspended member).
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Post by harp on Aug 24, 2018 9:20:04 GMT -5
You can all say what you want. In spite of all of the protections he might have, he will never hear another case. I hate to see anyone get in trouble, but this guy is finished. Pixie Quite literally.
He appears to have killed himself in a standoff with police. Nobody else appears to have been injured.
Yikes.
www.miamiherald.com/news/local/community/miami-dade/article217263685.html |
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Post by christina on Aug 24, 2018 9:27:12 GMT -5
You can all say what you want. In spite of all of the protections he might have, he will never hear another case. I hate to see anyone get in trouble, but this guy is finished. Pixie Quite literally.
He appears to have killed himself in a standoff with police. Nobody else appears to have been injured.
Yikes.
www.miamiherald.com/news/local/community/miami-dade/article217263685.html [ That’s horrible. He’s not citizen much less judge of the year but a life ending is always sad 😞 |
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Post by harp on Aug 24, 2018 9:31:41 GMT -5
[ That’s horrible. He’s not citizen much less judge of the year but a life ending is always sad 😞 The whole situation is awful. I am glad that none of his family, and particularly his child, were harmed. I can't imagine what the poor child is going through. |
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Post by merlot on Aug 24, 2018 9:35:22 GMT -5
You can all say what you want. In spite of all of the protections he might have, he will never hear another case. I hate to see anyone get in trouble, but this guy is finished. Pixie Quite literally.
He appears to have killed himself in a standoff with police. Nobody else appears to have been injured.
Yikes.
www.miamiherald.com/news/local/community/miami-dade/article217263685.html Tragic. |
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Post by merlot on Aug 24, 2018 9:37:01 GMT -5
You can all say what you want. In spite of all of the protections he might have, he will never hear another case. I hate to see anyone get in trouble, but this guy is finished. Pixie Quite literally.
He appears to have killed himself in a standoff with police. Nobody else appears to have been injured.
Yikes.
www.miamiherald.com/news/local/community/miami-dade/article217263685.html Tragic for everyone. |
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Post by lurkerbelow on Aug 24, 2018 9:37:06 GMT -5
My thoughts are with both his family and law enforcement involved in this tragedy.
Out of respect for them and him, could we switch to a new topic?
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Deleted Member
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Post by Deleted on Aug 24, 2018 9:39:31 GMT -5
This is what I feel like doing today... Let the whole mess unravel. |
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Post by christina on Aug 24, 2018 9:47:17 GMT -5
His child is harmed just not physically. Have papers reported child’s age? And I agree with lurker despite my question. We need to end this talk out of respect for his family
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Post by shoocat on Aug 24, 2018 10:41:22 GMT -5
Not disagreeing with you, but how do you know the site is unreliable, and how far off is it (2%? 20%?)? Just curious. I’ve compared it to my own data. No idea if it is consistently off from judge to judge. It is typically on the low side for me. It shows me with 170 dispositions and I actually have over 400 with another 70 or so in UNWR. |
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Post by christina on Aug 24, 2018 10:50:29 GMT -5
I’ve compared it to my own data. No idea if it is consistently off from judge to judge. It is typically on the low side for me. It shows me with 170 dispositions and I actually have over 400 with another 70 or so in UNWR. Wow. That is def off |
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Post by foghorn on Aug 24, 2018 11:19:12 GMT -5
And if the alleged gun threats weren't substantial enough to warrant removal, he also referred to himself as a federal judge during his bond hearing. Some might consider that the bigger crime. Not going to lie, I chuckled audibly. hey, remember folks, Federal Judges get a capitol J. The Federal Judiciary is all about important things. |
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