An anonymous person posting on the ALJ (Administrative Law Judge) Discussion Forum has revealed what appears to be the text of a legislative proposal from the Social Security Administration. Here is the purported text:
Some of this is worthy of consideration (getting rid of an ALJ quickly if he or she is convicted of a felony sounds like a good idea), but it seems far too broad to me. Summarily firing someone just because of an indictment? Did anyone else notice what happened in the Duke Lacrosse Case? Most people who are indicted are guilty, but not all. What is "administrative tribunal charged with enforcing discrimination laws"? Could that be the Appeals Council? What does "showed disrespect" mean?A BILLTo amend the Civil Service Reform Act of 1978 to enact changes related to actions against administrative law judges.
Be it enacted by the Senate and House of
Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
Short Title.--This Act may be cited as the "Civil Service Reform Act Amendments of 2009".
TITLE X—PROVISIONS RELATING TO ADMINISTRATIVE LAW JUDGES , SEC. 101 ACTIONS AGAINST ADMINISTRATIVE LAW JUDGES.
(a) Section 7521 of the Civil Service Reform Act (5 U.S.C. 7521) is amended—
(1) in subsection (a), by striking "An" and
inserting "Except as provided in subsection (c), an";
(2) in subsection(b), by striking "this
section" and inserting "subsection(a)"; and
(3) by adding at the end the following new
subsections:
"(c) To ensure the integrity and impartiality of the position of administrative law judge, an agency may immediately discipline any administrative law judge appointed under section 3105 of this title without prior good cause established by the Merit System Protection Board when an administrative law judge:
"(1) is indicted or convicted of a crime for which a sentence of imprisonment may be imposed under state or Federal law;
"(2) is disbarred or suspended from the practice of law by any State, the District of Columbia, the Commonwealth of Puerto Rico, or any territorial court established under the United States Constitution;
"(3) is found by a state or Federal court, or by an administrative tribunal charged with enforcing discrimination laws, to have discriminated against an individual in a protected class, showed disrespect to an individual in a protected class, committed discriminatory physical or verbal conduct against a protected class member, or committed sexual harassment; or
"(4) is indicted or convicted of a misdemeanor involving fraud, theft, assault, physical violence, prostitution, solicitation, sexual misconduct, or an offense involving narcotics or is found civilly liable for engaging in one or more of these activities. "(d) An administrative law judge disciplined under subsection(c) is entitled to the protections provided employees under section 7513 of this title.",
(b) Effective Date.—The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to agency actions filed on or after such date.
"an agency may immediately discipline any administrative law judge appointed under section 3105 of this title without prior good cause established by the Merit System Protection Board when an administrative law judge"
ReplyDeleteThat seems a bit vague. Needs to have possible penalties spelled out, i.e. 30 day suspension, termination, etc.
"is indicted or convicted of a misdemeanor involving ... prostitution..."
I guess sex is only OK when you don't pay for it and it's in the Oval Office.