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#FridayFact Answer
Today's #FridayFact asked: How many administrative law judges (ALJ) are employed by federal government agencies?
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The correct answer was 1,931. The U.S. Office of Personnel Management (OPM) reported 1,931 administrative law judges working for federal agencies as of March 2017, the most recent year for which comprehensive data was available at the time of this article's last update in March 2024. The vast majority of these ALJs (1,655) were employed at the Social Security Administration. The role of the ALJ was created and standardized under the Administrative Procedure Act (APA) of 1946. When an agency is required by statute to use a formal adjudication proceeding, an ALJ must preside. ALJs are recruited and examined by OPM, then hired and paid by agencies. When an agency needs to fill an ALJ position, OPM will offer a list of three candidates for the agency to choose from. Agencies may also hire ALJs from other agencies, either permanently or on a temporary basis, with the approval of OPM.[1][2]
The OPM website describes the work of ALJs in the following way:[2]
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ALJs serve as independent impartial triers of fact in formal proceedings requiring a decision on the record after the opportunity for a hearing. In general, ALJs prepare for and preside at formal proceedings required by statute to be held under or in accordance with provisions of the APA, codified, in relevant part, in sections 553 through 559 of title 5, United States Code (U.S.C.). ALJs rule on preliminary motions, conduct pre-hearing conferences, issue subpoenas, conduct hearings (which may include written and/or oral testimony and cross-examination), review briefs, and prepare and issue decisions, along with written findings of fact and conclusions of law.
The Federal Government employs ALJs in a number of agencies throughout the United States. Cases may involve Federal laws and regulations in such areas as admiralty, advertising, antitrust, banking, communications, energy, environmental protection, food and drugs, health and safety, housing, immigration, interstate commerce, international trade, labor management relations, securities and commodities markets, social security disability and other benefits claims, and transportation.[3]
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| —U.S. Office of Personnel Management, "Qualification Standard For Administrative Law Judge Positions"[2]
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ALJs by the numbers
ALJs by agency
The following table shows the distribution of ALJs among federal agencies as of March 2017:
ALJ qualifications
The following table outlines the qualification standards required by law for ALJs:
| Qualification requirements for ALJs[2]
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A. Licensure
- Applicants must be 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 throughout the selection process, including any period on the standing register of eligibles. Judicial status is acceptable in lieu of 'active' status in States that prohibit sitting judges from maintaining 'active' status to practice law. 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.
B. Experience
- Qualifying Experience
- Applicants must have a full seven (7) years of experience as a licensed attorney 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 procedures at least as formal as those prescribed by sections 553 through 559 of title 5, U.S.C.
- Qualifying litigation experience involves cases in which a complaint was filed with a court, or a charging document (e.g., indictment or information) was issued by a court, a grand jury, or appropriate military authority, and includes:
- participating in settlement or plea negotiations in advance of trial;
- preparing for trial and/or trial of cases;
- preparing opinions;
- hearing cases;
- participating in or conducting arbitration, mediation, or other alternative dispute resolution approved by the court; or
- participating in appeals related to the types of cases above.
- Qualifying administrative law experience involves cases in which a formal procedure was initiated by a governmental administrative body and includes:
- participating in settlement negotiations in advance of hearing cases;
- preparing for hearing and/or trial of cases;
- preparing opinions;
- hearing cases;
- participating in or conducting arbitration, mediation, or other alternative dispute resolution approved by the administrative body; or
- participating in appeals related to the types of cases above.
- Non-qualifying Experience
- Experience involving cases with no formal hearing procedure and uncontested cases involving misdemeanors, probate, domestic relations, or tort matters is not qualifying.
C. Examination
- Applicants are required to pass an examination, the purpose of which is to evaluate the competencies/knowledge, skills, and abilities (KSAs) essential to performing the work of an Administrative Law Judge.[3]
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| —U.S. Office of Personnel Management, "Qualification Standard For Administrative Law Judge Positions"[2]
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Learn more: Administrative law judge
