Becoming An Administrative Law Judge: A Step-By-Step Guide

Becoming an administrative law judge (ALJ) is a challenging but rewarding path that ensures fairness and impartiality in administrative proceedings. ALJs are responsible for presiding over disputes between government agencies and citizens, such as worker's compensation claims and unemployment appeals. In the United States, the Social Security Administration (SSA) employs about 1500 ALJs, who work in various states and rural locations. To become an ALJ, individuals must meet specific qualifications, including licensure to practice law and seven years of experience in litigation or administrative law. Passing an examination and applying for vacancies through the Office of Personnel Management are also part of the process.

Seven years of experience as a licensed attorney

To become an administrative law judge (ALJ), you must have seven years of experience as a licensed attorney. This experience must involve preparing for, participating in, and/or reviewing formal hearings or trials involving litigation and/or administrative law at the federal, state, or local level.

Qualifying litigation experience includes cases in which a complaint was filed with a court, or a charging document (e.g. an indictment or information) was issued by a court, a grand jury, or appropriate military authority. This could involve participating in settlement or plea negotiations, preparing for and conducting trials, conducting arbitration, mediation, or other alternative dispute resolution approved by the court, or participating in appeals.

Qualifying administrative law experience involves cases in which a formal procedure was initiated by a governmental administrative body. This could include participating in settlement negotiations, preparing for hearings or trials, conducting arbitration, mediation, or other alternative dispute resolution approved by the administrative body, or participating in appeals.

It is important to note that experience involving cases with no formal hearing procedure and uncontested cases involving misdemeanors, probate, domestic relations, or tort matters do not count towards the seven-year requirement.

In addition to the seven years of experience, applicants must also be licensed and authorized to practice law under the laws of a U.S. state, territory, the District of Columbia, Puerto Rico, or any territorial court established under the United States Constitution.

The role of an ALJ is to act as an impartial judge, overseeing administrative hearings and making rulings on cases that have a profound impact on people's lives. ALJs ensure fairness and independence in administrative proceedings before federal government agencies. They prepare for and preside over formal proceedings, rule on preliminary motions, conduct pre-hearing conferences, issue subpoenas, hear testimony and cross-examinations, review briefs, and prepare and issue decisions along with written findings of fact and conclusions of law.

The qualifications and experience required to become an ALJ ensure that these judges possess the necessary expertise, knowledge, and skills to effectively adjudicate cases and serve the public by ruling impartially and compassionately.

Pass the OPM exam

Passing the OPM exam is a crucial step in becoming an administrative law judge. Here are some detailed instructions and information to help you prepare for and pass the exam:

Understand the Role of an Administrative Law Judge (ALJ)

Before taking the OPM exam, it's important to have a clear understanding of the role and responsibilities of an ALJ. ALJs serve as independent and impartial judges in regulatory and benefits-granting agencies. They ensure fairness, impartiality, and compassion in their decision-making, ruling on cases that have a significant impact on people's lives.

Exam Eligibility and Requirements

To be eligible for the OPM exam, you must meet specific licensure and experience requirements. These requirements include:

• Being 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.
• Maintaining your license throughout the selection process and any period on the standing register of eligibles.
• Having at least seven years of experience as a licensed attorney, involving formal hearings or trials in litigation and/or administrative law at the federal, state, or local level.

Exam Purpose and Format

The OPM exam is designed to evaluate your competencies, knowledge, skills, and abilities (KSAs) essential to performing the duties of an ALJ effectively. It consists of multiple components, including:

• Online Component: This part of the exam serves as a preliminary assessment of your qualifications and may include various types of questions or tasks.
• Written Demonstration and Logic-Based Measurement Test (WD/LBMT): This component assesses your ability to apply legal knowledge and skills in a written format.
• Structured Interview: The interview allows the assessment panel to evaluate your suitability for the role of an ALJ, including your interpersonal skills and decision-making abilities.

Exam Preparation Tips

To increase your chances of passing the OPM exam:

• Familiarize yourself with the exam format and the types of questions or assessments included in each component.
• Review the qualification requirements and ensure you meet the necessary standards for licensure and experience.
• Stay updated regarding the exam schedule and any changes or delays due to factors like inclement weather.
• Prepare by enhancing your knowledge of administrative law, federal regulations, and the responsibilities of an ALJ.
• Manage your time effectively during the exam, especially when self-scheduling your assessments.
• Maintain high standards of ethics and conduct, as ALJs are expected to uphold the integrity and independence of the administrative judiciary.

Remember, the OPM exam is a competitive examination, and successfully passing it is a crucial step towards becoming an administrative law judge.

Admission to practice law for five years in New York

To be admitted to practice law in the State of New York, candidates must pass the bar examination, which is administered by the New York State Board of Law Examiners (BOLE). The bar exam is held twice a year, in February and July, and consists of the Uniform Bar Examination (UBE), the New York Law Course (NYLC), the New York Law Examination (NYLE), and the Multistate Professional Responsibility Examination (MPRE). The UBE is a standardized test, while the NYLC and NYLE are online courses and examinations specific to New York law.

In addition to passing the bar exam, applicants must complete 50 hours of pro bono work and an in-person character and fitness interview. Applicants who have successfully passed the bar exam and met the other requirements are then certified for admission by the BOLE to one of the four Appellate Divisions of New York Supreme Court.

Once admitted to the New York Bar, attorneys must register and pay a fee biennially, as well as complete Mandatory Continuing Legal Education (CLE) credits. Newly admitted attorneys must earn 16 transitional credits in each of their first two years, while experienced attorneys must earn 24 CLE credits for each reporting cycle.

Expert knowledge in immigration and employment law

To become an Administrative Law Judge (ALJ), you must have expert knowledge in immigration and employment law. This includes a strong understanding of the relevant statutes and regulations, as well as the precedential decisions of the Board of Immigration Appeals and the Circuit Courts. This knowledge will enable you to effectively preside over hearings, write opinions, and make decisions in cases involving immigration and employment matters.

Immigration law is a complex and constantly evolving area of law, so it is essential for ALJs to stay up-to-date on the latest changes and developments in this field. This includes familiarity with the Immigration and Nationality Act (INA) and its provisions on illegal hiring, employment eligibility verification violations, document fraud, and employment discrimination. ALJs should also be well-versed in the administrative procedures and rules that govern immigration proceedings, such as those outlined in the Code of Federal Regulations.

In addition to immigration law, ALJs should also have a strong command of employment law. This includes knowledge of federal and state laws prohibiting discrimination in the workplace, such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act (ADA), and the Age Discrimination in Employment Act (ADEA). ALJs should also be familiar with employment-related laws and regulations specific to the federal agency or department they are working for. For example, ALJs working for the Social Security Administration (SSA) should have a thorough understanding of the Social Security Act and its implementing regulations.

To develop expertise in immigration and employment law, aspiring ALJs should consider pursuing educational opportunities and specialized training in these areas. This could include taking relevant courses, attending workshops and seminars, or obtaining certifications or specializations in immigration and employment law. Additionally, gaining practical experience through internships, clerkships, or other legal work can provide valuable hands-on knowledge and skills in these areas.

By acquiring and maintaining expert knowledge in immigration and employment law, ALJs can ensure they have the necessary tools to effectively adjudicate cases, protect the rights of individuals, and ensure fair and just outcomes in their administrative proceedings.

Apply directly to a posting on the Office of Personnel Management's USAJOBS website

To become an Administrative Law Judge (ALJ), you must apply directly to a posting on the Office of Personnel Management's (OPM) USAJOBS website. This is the final step in a multi-step process to become an ALJ.

Firstly, applicants must be licensed and authorized to practice law under the laws of a U.S. state, the District of Columbia, Puerto Rico, or any territorial court established under the U.S. Constitution. This requirement must be maintained throughout the selection process and beyond. Judicial status is accepted in lieu of "active" status in states prohibiting sitting judges from maintaining "active" status, and being in "good standing" is accepted in states where the licensing authority considers this equivalent to a current license to practice law.

Secondly, applicants must have seven years of experience as a licensed attorney. This experience must involve preparing for, participating in, and/or appealing formal hearings or trials involving litigation and/or administrative law at the federal, state, or local level. Cases must be conducted on the record under formal procedures.

Once you have met the above requirements, you can apply directly to a posting on the OPM's USAJOBS website. It is recommended that you create a USAJOBS account and set notifications to alert you when new ALJ vacancies are announced. You will also need to create a Federal Resume.

After applying, you will need to pass the OPM's competitive examination for ALJ positions. This will test your competencies, knowledge, skills, and abilities essential to performing the work of an ALJ.

Frequently asked questions