Becoming An Administrative Law Judge: Steps To Take

An administrative law judge (ALJ) is an executive judge who presides over official and unofficial hearings of administrative disputes in the federal government. To become an ALJ, one must be a licensed lawyer with seven years of experience in litigation or administrative law. Candidates must then apply to the Office of Personnel Management and pass a competitive exam. ALJs are appointed by the federal government on a merit-based system and are afforded substantial decisional independence and protection from liability. They are well-compensated, with an annual salary ranging from $126,446 to $195,000.

Seven years of experience in litigation or administrative law

To become an administrative law judge, you must have seven years of experience in litigation or administrative law as a licensed attorney. This experience should involve preparing for, participating in, and/or reviewing formal hearings or trials.

Qualifying litigation experience should include 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 include participating in settlement or plea negotiations, preparing for and conducting trials, participating in or conducting arbitration, mediation, or other alternative dispute resolution approved by the court, and participating in appeals.

Qualifying administrative law experience should involve 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, participating in or conducting arbitration, mediation, or other alternative dispute resolution approved by the administrative body, and 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 does not qualify towards the seven-year requirement.

Be licensed and authorised to practice law

To become an administrative law judge, you must be licensed and authorised to practice law. This is a mandatory requirement to qualify for an administrative law judge (ALJ) position.

In the United States, applicants must be an active member of the bar, duly licensed and authorised to practice law as an attorney under the laws of a US state, territory, Puerto Rico, the District of Columbia, or any territorial court established under the US Constitution. This requirement must be maintained throughout the selection process, including any period on the standing register of eligibles.

Judicial status is acceptable instead of "active" status in states where sitting judges are prohibited from maintaining "active" status. Similarly, 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.

In addition to the above, applicants must also have a minimum of seven years of experience as a licensed attorney. This experience must involve preparing for, participating in, and/or reviewing formal hearings or trials in litigation and/or administrative law at the federal, state, or local level.

Pass a competitive exam

To become an administrative law judge (ALJ) in the US, you must pass the OPM administrative law judge competitive examination. This examination evaluates the competencies, knowledge, skills, and abilities (KSAs) essential to performing the work of an ALJ. Here are some tips to help you pass the competitive exam:

• Understand the Role: Before taking the exam, ensure you have a comprehensive understanding of the role and responsibilities of an ALJ. ALJs serve as impartial judges at regulatory and benefits-granting agencies, overseeing administrative hearings and making rulings. They preside over hearings, admit or reject evidence, consider proposed findings, and issue decisions and orders.
• Education and Licensure: To be eligible for the ALJ position and exam, you must possess a LL.B., LL.M., or J.D. degree. You must also be licensed and authorized to practice law as an attorney under the laws of a U.S. state, territory, Puerto Rico, or the District of Columbia. Make sure you meet these educational and licensure requirements before applying.
• Gain Relevant Experience: ALJ candidates are required to have seven years of post-bar experience as a licensed attorney. This experience should 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. Ensure you have the necessary experience and understand the types of cases that qualify.
• Study and Prepare: Familiarize yourself with the format and content of the ALJ examination. It typically includes an extensive testing and oral examination program designed to assess your knowledge and skills. Study relevant materials, such as administrative law, federal regulations, and hearing procedures. Practice answering sample questions or participating in mock interviews to enhance your critical thinking, decision-making, and communication skills.
• Stay Informed: Keep yourself updated about the application process and exam schedule. Create an account on the Office of Personnel Management's (OPM) USAJOBS website and set notifications for new ALJ vacancies. This will ensure you don't miss out on important deadlines and allow you to start your preparation well in advance.

Passing the competitive examination is a crucial step in becoming an administrative law judge. It demonstrates your competence and qualifications for the role. Remember to stay informed about the requirements, gain relevant experience, and thoroughly prepare for the exam to increase your chances of success.

Apply to the Office of Personnel Management

To apply to the Office of Personnel Management (OPM), aspiring administrative law judges (ALJs) must meet certain educational and experiential requirements.

Firstly, applicants must possess a LL.B., LL.M., or a J.D. degree, which typically takes seven years of full-time study after high school: four years of undergraduate study in any field, followed by three years of law school.

Secondly, applicants must be licensed and authorized to practice law as an attorney. This involves being an active member of the bar, duly licensed under the laws of a U.S. state, territory, Puerto Rico, or the District of Columbia.

Thirdly, applicants must have seven years of post-bar experience as a licensed attorney. This experience should involve litigation or administrative law, specifically in preparing for, participating in, and/or appealing formal hearings or trials.

Once these requirements are met, applicants can apply directly to postings on the OPM's USAJOBS website. They will need to create a Federal Resume and set up notifications to alert them when new ALJ vacancies are announced.

The application process for ALJ positions is highly competitive and involves extensive testing and examinations. Applicants will be assessed on their skills and qualifications to ensure they can effectively carry out the responsibilities of an ALJ. The testing process includes a four-hour written examination and an oral examination before a panel comprising representatives from the American Bar Association, the OPM, and a current federal ALJ.

Based on the test results, successful applicants will be appointed to federal agencies, such as the Social Security Administration or the Department of Labor, as positions become available. It is important to note that ALJs are appointed on merit and are not subject to the typical bonuses or ranking systems of executive agencies.

The OPM plays a crucial role in the selection and placement of ALJs, ensuring that only qualified and impartial individuals are appointed to these positions.

Be appointed by the federal government

To be appointed by the federal government as an administrative law judge, aspiring candidates must meet certain requirements. Firstly, they need to be licensed lawyers with seven years of experience in litigation or administrative law. This experience requirement can be fulfilled by practicing administrative law or through litigation experience as a licensed attorney.

Once the experience requirement is met, candidates can apply for vacancies through the Office of Personnel Management's USAJOBS website. The application process involves creating a Federal Resume and setting up notifications for new Administrative Law Judge vacancies.

After submitting an application, candidates undergo an extensive testing and examination process. This includes a four-hour written examination and an oral examination before a panel comprising representatives from the American Bar Association, the Office of Personnel Management, and a current federal Administrative Law Judge.

Based on merit and test results, candidates are then appointed to federal agencies like the Social Security Administration or the Department of Labor as positions become available. It is important to note that Administrative Law Judges are considered part of the executive branch and are appointed by the heads of executive agencies. They enjoy protections similar to those in the judicial branch to preserve their neutrality and are not subject to bonuses or ranking systems of executive agencies.

Frequently asked questions