Becoming An Administrative Law Judge In North Carolina

The North Carolina Office of Administrative Hearings (OAH) is an independent quasi-judicial agency that provides a source of independent Administrative Law Judges (ALJ) to preside over contested administrative law cases. The OAH operates under the central panel system of administrative adjudication, employing thirteen Administrative Law Judges who work under the central panel system rather than at the direction of the agency. To become an Administrative Law Judge in North Carolina, applicants must meet both the licensure and experience requirements and pass the OPM administrative law judge competitive examination. Applicants must be licensed attorneys, authorized to practice law, and have seven years of experience as a licensed attorney in formal hearings or trials involving litigation and/or administrative law.

Qualifications and requirements

To become an administrative law judge in North Carolina, there are several qualifications and requirements that must be met.

Firstly, all judges in North Carolina must be attorneys, and they are prohibited from practicing law privately while serving as judges. They must also be under the age of 72, which is the mandatory retirement age for judges in the state.

In addition to these basic requirements, administrative law judges (ALJs) have specific qualification standards. ALJs serve as independent and impartial triers of fact in formal proceedings, making decisions based on the record after providing an opportunity for a hearing. They prepare for and preside over these formal proceedings, ruling on preliminary motions, conducting pre-hearing conferences, issuing subpoenas, reviewing briefs, and preparing and issuing decisions, along with written findings of fact and conclusions of law.

To qualify for an ALJ position, applicants must meet both the licensure and experience requirements and pass the competitive examination administered by the US Office of Personnel Management. Applicants must be licensed and authorized to practice law in their state or territory, and they must have a full seven years of experience as a licensed attorney. This experience should involve preparing for, participating in, and/or reviewing formal hearings or trials in litigation and/or administrative law.

Cases must be conducted on the record, following procedures outlined in the relevant sections of the US Code. Qualifying litigation experience includes settlement or plea negotiations, trial preparation and participation, arbitration, mediation, or other alternative dispute resolution approved by the court, as well as appeals related to these cases. Similarly, qualifying administrative law experience includes settlement negotiations, hearing preparation, arbitration, mediation, or other dispute resolution approved by the administrative body, as well as related appeals.

It is important to note that experience involving cases without a formal hearing procedure and uncontested cases involving misdemeanors, probate, domestic relations, or tort matters does not count towards the qualification requirements for ALJs.

Education and training

To become an administrative law judge in North Carolina, there are specific education and training requirements that must be met.

Firstly, it is essential to obtain a license to practice law. Applicants must be licensed attorneys or, in some cases, judges, authorized to practice law in North Carolina or another accepted jurisdiction. This requirement must be maintained throughout the employment as an administrative law judge.

Secondly, applicants need to have substantial legal experience. A minimum of seven years of experience as a licensed attorney is required, specifically in preparing for, participating in, and/or reviewing formal hearings or trials involving litigation and/or administrative law. This experience must involve cases conducted on the record, following procedures outlined in the relevant sections of Title 5 of the U.S. Code.

Qualifying litigation experience includes settlement negotiations, trial preparation and participation, arbitration, mediation, and appeals. Similarly, qualifying administrative law experience includes settlement negotiations, hearing preparation, arbitration, mediation, and appeals related to administrative law cases.

It is important to note that experience in certain areas, such as uncontested cases involving misdemeanors or probate matters, does not count towards the seven-year requirement.

Additionally, applicants must pass the OPM administrative law judge competitive examination. This examination evaluates the essential competencies, knowledge, skills, and abilities required to excel as an administrative law judge.

Once appointed, initial training is mandatory for administrative law judges. They must attend an orientation course within their first year of appointment. This course is provided by the School of Government in collaboration with the Administrative Office of the Courts.

Furthermore, continuing education is a requirement to maintain the role. Administrative law judges must complete 30 hours of education every two years, with at least 15 of those hours in specialized judicial education courses attended primarily by judges. The School of Government is an approved provider of this continuing education.

By meeting these education and training requirements, individuals can pursue their goal of becoming an administrative law judge in North Carolina.

The application process

To become an administrative law judge in North Carolina, applicants must meet the necessary qualification requirements, which include licensure, experience, and examination.

Firstly, applicants must be licensed and authorised 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. This requirement must be maintained throughout the selection process and any period on the standing register of eligibles. In states with specific regulations, judicial status or "good standing" may be accepted in lieu of "active" status.

Secondly, applicants must have a full 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. Cases must have been conducted on the record under formal procedures. Qualifying litigation experience includes settlement or plea negotiations, trial preparation, arbitration, mediation, and appeals. Similarly, qualifying administrative law experience includes settlement negotiations, hearing preparation, arbitration, mediation, and appeals. It is important to note that experience involving cases with no formal hearing procedure and uncontested cases involving misdemeanours, probate, domestic relations, or tort matters is not considered qualifying.

Lastly, applicants are required to pass the OPM administrative law judge competitive examination to evaluate their competencies, knowledge, skills, and abilities essential for the role of an Administrative Law Judge.

Meeting these qualification requirements is crucial for applicants aiming to become administrative law judges in North Carolina, ensuring they possess the necessary legal knowledge, skills, and experience to effectively serve in this judicial role.

The role of an administrative law judge

ALJs have the authority to administer oaths, issue subpoenas, and make rulings on evidentiary objections. They serve as independent and impartial triers of fact, ruling on preliminary motions, conducting pre-hearing conferences, reviewing briefs, and preparing and issuing decisions, along with written findings of fact and conclusions of law. ALJs have a broad scope of authority, participating in various topics for different agencies, including the Social Security Administration, the Environmental Protection Agency, and the U.S. Postal Service.

In North Carolina, the Office of Administrative Hearings (OAH) provides an independent forum for citizens to resolve disputes with state agencies through administrative law judges. The OAH has its main office in Raleigh and three satellite offices in Charlotte, Winston-Salem, and Waynesville, each staffed with a full-time ALJ. These ALJs handle a wide range of cases, including those involving civil rights, employment discrimination, housing discrimination, and contested cases with state agencies.

Judicial conduct and ethics

The North Carolina Judicial Branch is governed by the North Carolina Code of Judicial Conduct, which was last updated and codified by the North Carolina Supreme Court's Office of Administrative Counsel on February 12, 2020. The Code of Judicial Conduct is composed of seven ethical canons and is designed to guide judges and nominees for judicial office, providing standards of conduct for application in proceedings.

The Judicial Standards Commission, established in 1973, is responsible for considering complaints against judges of the state's General Court of Justice, which includes district court judges, superior court judges, and appellate court judges and justices. The Commission is composed of 13 members, including judges, attorneys, and citizens, and is appointed by various branches of the state government. Administrative law judges, however, are not subject to the Commission's authority.

The Commission's role is to investigate and resolve inquiries concerning the qualification or conduct of any judge or justice of the General Court of Justice. It also provides Formal Advisory Opinions, which offer guidance on whether actual or contemplated conduct by a judge conforms to the requirements of the Code of Judicial Conduct.

In addition to the Code of Judicial Conduct, North Carolina also adheres to the Rules for Judicial-Conduct and Judicial-Disability Proceedings (the "Rules"). These Rules were first adopted in 2008 and most recently amended in 2019. They apply to all federal courts and establish standards and procedures for addressing complaints filed by complainants or identified by chief judges under the Judicial Conduct and Disability Act of 1980.

The Rules provide mandatory and nationally uniform provisions governing the substantive and procedural aspects of misconduct and disability proceedings. It is important to note that the Rules do not address claims challenging the correctness of a judge's decision in a case.

Frequently asked questions