The Association of Administrative Law Judges (AALJ), which represents most of Social Security's Administrative Law Judges (ALJs) and several attorneys in private practice filed suit against the Office of Personnel Management (OPM) over the announcement of a new register for ALJs. The lawsuit raised a number of issues, mostly having to do with allegations that attorneys already working for Social Security were given an advantage by the way in which OPM created the new register and the way in which OPM announced the new register.
The AALJ and the attorneys have lost on all counts. Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia granted summary judgment to OPM yesterday.
Update: As a commenter correctly points out, summary judgment was granted against AALJ on only one of four causes of action. The rest of the case goes forward.
The AALJ and the attorneys have lost on all counts. Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia granted summary judgment to OPM yesterday.
Update: As a commenter correctly points out, summary judgment was granted against AALJ on only one of four causes of action. The rest of the case goes forward.
um, no. the order clearly only applies to Count IV of the AALJ's complaint. Counts I-III are still pending.
ReplyDeleteMaybe OPM can give slight and vague advance notice to everyone but agency attorneys at some point.
ReplyDeleteThis would no doubt inspire and enrage the AALJ to the point that it would 'about face', beat the drums of unfairness, rush to boldly represent agency attorneys (as any number of these may indeed possess 'superior qualifications'), and rehash these same arguments to ensure agency attorneys have an unspoiled and competitive chance to be added to the register.
Let no one doubt - the AALJ cares about the integrity of the process, transparency on behalf of the public, equal treatment for all, and is 'blind' to whether the process allegedly favors agency or non-agency attorneys.
And this is why there is no love lost between the AALJ and agency attorneys . . .
Counts I-III may be alive, but as the SJ order spells out, they are stayed indefinitely while OPM engages in rule making.
ReplyDeleteIronically, the AALJ received advanced notice that the register was opening.
ReplyDelete