volume 29, issue 2 | september 2018 the naalj … › resources › september 2018...volume 29,...

NAALJ News September 2018

Volume 29, Issue 2 | September 2018

THE NAALJ NEWS

INSIDE THIS ISSUE Message from the President 1-2

2018 Annual Conference 2-8

Midyear Webinar Report 9

Larry J. Craddock 10-11

This Month in Administrative Law 11

Sponsor Acknowledgement 12

From the NAALJ Office 14

On the Agenda 15

Join NAALJ! 15

Board of Governors 16

A Message from the President

Dear fellow NAALJ members, Since writing to you last February, a lot has transpired at NAALJ. We lost a Past President and active member of NAALJ in the Honorable Larry Craddock last July. (See Page 10) Larry was a fierce advocate for advancing administrative adjudication on the national stage and was actively working on NAALJ affairs

as Chair of the Journal’s Board of Advisors up until the day of his death. Dick Goodwin was willing to step into the void to lead the Journal through final preparation for publication of the Fall 2018 edition and has agreed to be Chair through the 2018-19 year. Greg Ogden remains as Faculty Editor, ably managing publishing details and supervising students with integrity. Administrative adjudication came to national attention this summer with the US Supreme Court decision in Lucia v. Securities and Exchange Commission. Along with this attention came press inquiries for a response from NAALJ to this decision. Unfortunately, NAALJ’s By-Laws expressly require a vote of the membership before such a statement can be made so these requests were denied. The Board’s inability to make statements about issues that are relevant and important to our members, caused us to propose the pending Resolution to amend our By-Laws to allow such statements in the future. This Resolution will be on the agenda for the annual meeting in St. Petersburg. Another important Resolution going before the membership concerns adoption of the American Bar Association, A Model Code of Judicial Conduct For State Administrative Law Judges (August 2018). Setting a national standard of ethics for our profession is something we should all support. In the same way as the ABA, the NAALJ Board set a standard of ethical and professional conduct when it established a practice for all Board members and Committee Chairs to sign a Statement of Confidentiality and Professionalism. This past year, the NAALJ leadership has focused on internal matters such as reformation of some committees and coordination of communication with the executive director’s office, amongst other things. While the list of these matters would be long and mundane, they are, nevertheless, important to efficient and professional functioning of this organization.

NAALJ News September 2018

Many thanks are owed to Executive Director Tina Schott for her tireless, courteous, conscientious and professional service. One of the strengths of NAALJ is the continuing work of its long-time veteran members who have worked tirelessly on the Board and committees, sometimes behind the scenes, and have led this organization with wisdom, integrity, professionalism and institutional memory. Many of these are dedicated members are past presidents of NAALJ who remained in positions of leadership at my request. This year, in alphabetical order, we owe our thanks to: Bob Cohen, Nick Cobbs, Larry Craddock, Peter Loomis, Julian Mann, Jim Murray, Anne Murphy, Ed Schoenbaum, Mary Shock and Steve Wise. As we look forward to the future, NAALJ leadership will continue developing an updated strategic plan while endeavoring to enhance relationships with other organizations of administrative law judges, and networking among our members. Hon. Selina Malherbe President

Join NAALJ in St. Petersburg, Florida For the 2018 Annual Conference

October 14 - 17, 2018 Hilton St. Petersburg Bayfront Hotel ▪ St. Petersburg, Florida

Register online at www.naalj.org

http://www.naalj.org/

NAALJ News September 2018 |

The host hotel for the 2018 Annual Conference is

Hilton St. Petersburg Bayfront

St. Petersburg, Florida

$159 single/double

Call the Hilton at (800) 445-8667 and use the code

“NAALJ” to book your room at the conference rate


2018 NAALJ Annual Conference "Waves of Change, Oceans of Opportunity"

October 14-17, 2018 Hilton St. Pete Bayfront Hotel, St. Petersburg, FL

Agenda

(Rev. 09/10/2018)

Sunday, October 14, 2018 12:00PM – 5:00PM Registration 2:00PM – 5:00PM Optional St. Pete Excursions – Docent led Dali Museum tour; Kayak in the mangroves with local guides. 5:30PM – 6:00PM NAALJ Board of Governor's Meeting 6:00PM - 7:30PM Welcome Reception 7:30PM – Dinner on Your Own Monday, October 15, 2018 7:30AM - 8:15AM Registration

Breakfast Served 8:15AM - 8:30AM Welcoming Remarks; Greet New Members

Hon. Selina Malherbe, President 8:30AM - 8:45AM Sponsor Presentation by James Hunt of Thomson Reuters (West) 8:45AM - 9:45AM Session 1: Fighting the Tide – Challenges to Judicial

Independence and Administrative Law Update Speaker: Professor Gregory Ogden, Pepperdine School of Law

9:45AM - 10:45AM Session 2: Science, Technology and the Law

Speaker: Professor Carol Henderson, National Clearinghouse for Science Technology and the Law, Stetson College of Law

NAALJ News September 2018 | 10:45AM - 11:00AM Refreshment Break 11:00AM - 12:00PM Session 3: The Me Too Movement and the Judicial Response- Gender Sensitivity

in the Courtroom Speakers: Michelle Suskauer, Esq., Florida Bar Association President, and Christopher Shulman, Esq.

12:00PM - 1:30PM Welcome Luncheon

Florida Writer/Humorist – Craig Pittman, Tampa Bay Times, best-selling author of "Oh, Florida"

1:30PM - 2:30PM Session 4: What's Lurking Beneath the Waves – Understanding Implicit Bias

Speaker: Professor Jason Nance, University of Florida 2:30PM - 2:45PM Refreshment Break 3:00PM – 4:00PM Session 5: Keeping Your Hand on the Tiller-

Professionalism for ALJs Speaker: Florida Supreme Court Justice Peggy Quince

Tuesday, October 16, 2018 7:45AM – 8:30AM Breakfast is Served 8:30AM - 8:45AM Sponsor Presentation by Craig Keller of Caseload 8:45AM - 9:45AM Session 6: Happy, Healthy, Holistic Judiciary

Speaker: Melissa Byers, Executive Director St. Petersburg Bar Association 9:45AM – 10:00AM Refreshment Break 10:00AM - 11:15AM Breakout Sessions 7&8

7A. Special Education Law 101: Key Components under the IDEA For ALJs in cases under the Individuals with Disabilities Education Act (IDEA), this presentation provides an adjudicative checklist of the decisional criteria for each of the basic, sequential issues of the IDEA: child find, eligibility, and free appropriate public education. Perry A. Zirkel, Ph.D., J.D., University Professor Emeritus of Education and Law at Lehigh University 7B. Mental Illness - Tampa General Magistrate Sean Cadigan, Assistant Public Defender Joe Kuss

7C. LGBTQ Update – Nadine Smith, CEO of Equality Florida

11:15AM - 12:30PM 8A. Special Education Law 102: Remedies under the IDEA For


ALJs in cases under the Individuals with Disabilities Education Act (IDEA), this presentation provides an overview of the remedial options under the IDEA and an adjudicative checklist for the two major remedies: tuition reimbursement and compensatory education. Perry A. Zirkel, Ph.D., J.D., University Professor Emeritus of

Education and Law at Lehigh University

8B. Mental Illness - Tampa General Magistrate Sean Cadigan, Assistant Public Defender Joe Kuss

8C. LGBTQ Update – Nadine Smith, CEO of Equality Florida

12:30PM – 2:00PM LUNCH – Challenge Grant/Foundation Fellowship Presentation

Chevron Deference in the states: Lessons from Three States Speaker: Hon. Carrie Townsend Ingram, Administrative Law Judge Team Manager for the Indiana Department of Workforce Development

2:00PM – 3:00PM Session 9: Freshwater Fishing in the Ocean –

Using ADR in Administrative Law Speakers: Robert A. Cole, Esq., Upchurch, Watson, White & Max; Professor James A. Sheehan, Stetson College of Law; Hon. Thomas Dewberry, Chief Administrative Law Judge of the Maryland Office of Administrative Hearings; Alexis Lambert, Chief of Staff for Department of Health.

3:00PM – until ? Experience St. Petersburg

Optional St. Pete Preservation walking tour ending with drinks at historic Birchwood Hotel Rooftop Canopy Bar

Optional Sunset Sail from Vinoy Yacht Basin, downtown

Wednesday, October 17, 2018 7:45AM – 8:30AM Breakfast is Served 8:30AM - 8:45AM Sponsor Presentation 8:45AM - 9:45AM Session 10 : Keeping the Sharks at Bay –

ALJ Safety and Security Issues Speaker: Deputy Zachary Self, Judicial Security Inspector, U.S. Marshals Service

9:45AM – 10:00AM Refreshment Break 10:00AM – 11:00AM Session 11: When You Are In the Eye of the Storm – Navigating High Profile

Cases Speakers: Mark S. Caramanica, Esq., Thomas and Lacerio, Tampa; Tim Nickens, Editor of Editorials, Tampa Bay Times; Thomas D. Hall, Esq., The Mills Firm, Former Clerk of the Florida Supreme Court; Moderator: Hon. John D. Newton, II

NAALJ News September 2018 | 11:00AM – 12:00 PM NAALJ Annual Business Meeting 12:00PM – 1:30PM Lunch on Your Own 1:30PM - 2:30PM Session 12: Wind in the Sails –

Access to Justice/Innovations to Assist Pro Se Litigants Speakers: Melissa P. Moss, J.D., The Florida Bar Foundation Deputy Director for Strategic Initiatives; Renee L. Danser, Esq., Associate Director of Research and Strategic Partnerships, Access to Justice Lab, Harvard Law School

2:30PM - 2:45PM Refreshment Break 2:45PM - 3:45PM Session 13: Keynote Address – Avoiding the Rocks and Heading Towards Shore – Judicial

Review and Writing Strategies to Boost the Odds of Your Order Being Affirmed on Appeal Speaker: Hon. Kent T. Wetherell, II, Florida’s First District Court of Appeal; pending nominee for U.S. District Court Judge, Northern District of Florida.

3:45PM - 4:00PM Conference Wrap-Up/Announcements 6:00pm – 7:00PM Silent Auction and Reception 7:00PM - 8:30PM NAALJ Annual Banquet Thursday, October 18, 2018 9:00AM – 11:00AM Board of Governor's Meeting/New Board Member Orientation

Sign up for optional tours while attending the Annual Conference!

Kayak the Mangroves of Weedon Island Walking Tour of Downtown. Sunday, October 14, 2018 by the Pete Historic Preservation Society $35 Tuesday, October 16, 2018 $15

NAALJ News September 2018 | Sunset Sail The Dali Museum Tuesday, October 16, 2018 Sunday, October 14, 2018 $85 $35

For more information on the NAALJ Foundation Silent Auction, and to donate an item to this worthy cause, contact: Hon. Lynne Quimby-Pennock [email protected]


NAALJ Hosts Another Successful Webinar! By Hon. Steve Wise Administrative Law Judge, Montana On May 11, 2018, NAALJ held its second Midyear Webinar, and it was a great success. The theme of the webinar was “Addressing Issues at the Forefront of Administrative Law” and was offered as free continuing legal education. Over 200 judges and attorneys from across the county attended the CLE and the feedback from the attendees was very favorable. Again this year, NAALJ partnered with the National Judicial College, which provided us with the web conference platform, distributed course materials, and handled issuing CLE certificates to attendees. We deeply appreciate NJC’s support, and want to thank Joseph Sawyer, Director of Distance Learning, and Sarah Dahl, Distance Learning Manager, for all their help in making the webinar a rousing success. The first presentation was on The New NCALJ Model Code—A Sword and Shield and included an experienced panel of AJs, including Lorraine Lee, Chief Administrative Law Judge, Washington Office of Administrative Hearings; Ed Felter, Senior Administrative Law Judge, Colorado Office of Administrative Courts; John Allen, former Chief Administrative Law Judge, Cook County, Illinois; and Josh Sundt, Deputy Chief Administrative Law Judge, Washington Office of Administrative Hearings. The panel discussed the recently adopted ABA Model Code of Judicial Conduct for State ALJs, including its history and features that provide protection for judicial independence and accountability for state ALJs. The second presentation was on Current Developments in Administrative Law. We were fortunate to have Matthew Wiener, Executive Director of the Administrative Conference of the United States (ACUS) and Co-Chair of the Adjudication Committee of the American Bar Association’s Section of Administrative Law and Regulatory Practice, as the presenter on this topic. Mr. Wiener’s presentation explored the federal executive developments including executive orders directed at reducing regulations and controlling regulatory costs. He also discussed federal legislative developments, including bills aimed at overriding Chevron judicial review deference and judicialization of rulemaking. The presentation then turned to a discussion of recent federal administrative law cases, with a special emphasis on what was then the pending case of Lucia v. SEC. Mr. Wiener concluded his presentation with ACUS recommendations regarding adjudication. The third presentation was on Credibility and Demeanor Evidence. Gregory Ogden, Professor of Law, Pepperdine University School of Law and faculty editor of the NAALJ Journal, provided very useful information for ALJs to consider in evaluating evidence. His presentation included a discussion of the nature, history, and use of demeanor evidence to determine credibility of witnesses in fact finding by administrative law judges. Professor Ogden used both psychological research related to truth telling and deception and the case law relating to this topic to support his presentation. If you missed the Midyear Webinar or want to see it again, a link to the recording and materials can be found on the NAALJ Members-Only page that can be reached by logging in at https://naalj.memberclicks.net/members-only

https://naalj.memberclicks.net/members-only


Larry Jay Craddock

June 23, 1939 – July 18, 2018

The following memorial was written by friends and colleagues who knew and served with Larry over the years. Larry Jay Craddock, 79, died July 20, 2018. Judge Craddock, a lifelong resident of Austin, served 46 years as an attorney and administrative law judge for the State of Texas. He was retired but continued to serve in a volunteer capacity with several prominent legal organizations, including the American Bar Association Judicial Division, the National Association of Administrative Law Judges and the National Judicial College. Judge Craddock was born on June 23, 1939 in Austin, where his father owned and operated various local businesses (including Craddock Furniture on East 6th Street and, at the time of his birth, a miniature golf course), and his maternal grandfather owned and operated the Ritz movie theater. Judge Craddock was a 1957 graduate of Austin High School. A lover of art, movies, music, food, travel, and the law, Judge Craddock lived a rich and varied life. As a teenager, he found ways, by hook or by crook, to see Little Richard, Chuck Berry, and Louis Armstrong play live. With his father and friends, he paddled a canoe from Central Texas to the mouth of the Colorado River at Matagorda Beach. He and his wife Mary spent much of their 57 years together exploring different parts of Mexico, often with their two young daughters in tow. They also traveled together to Europe, Asia, and South America as well as all over the United States. The family spent many happy weekends together at a clapboard cabin in Matagorda, playing Scrabble, reading, and looking for the best crab cakes the town had to offer. Judge Craddock attended The University of Texas. It was there that he met Mary Elizabeth Murphy of Midland, whom he married after a courtship on December 23, 1960. He graduated from the University of Texas School of Law, and was admitted to the State Bar of Texas in 1964. Judge Craddock spent eight years with the Texas Attorney General's Office, 11 years as an attorney with the Texas Governor's Office under four different governors, and five years as general counsel to Texas Comptroller Bob Bullock. He spent 18 years as the administrative law judge for the Finance Commission of Texas. Upon his retirement from state government, he went into private practice and served as an impartial due-process administrative law judge in special education litigation. He also began devoting time to volunteer work. That effort was focused on twin passions. The first was working, as part of the Sixth Street Austin Association, to transform the East 6th Street strip where he had spent so much of his time as a boy into a more family friendly environment. The second was tireless advocacy to elevate the practice of administrative law nationwide.

NAALJ News September 2018 | Judge Craddock was a passionate advocate for the protection of judicial independence among administrative law judges (ALJs), drafting policies and resolutions, pushing forward landmark research, and most importantly, advocating, identifying and recruiting capable leaders who could carry on the work once he could not. In this he was successful. As one colleague noted, "for years to come we will be standing in the shade of the administrative law tree that Larry planted." Judge Craddock died peacefully at home. He will be dearly missed by his family, and by scores of friends from every era of his life, from high school to the judicial organizations with which he served, to those he made at the many local restaurants he loved. He is survived by his beloved wife Mary; his sister Bette Linbeck of Houston; his daughters, Ashley Craddock of Austin and Blair Craddock of McAllen; his grandchildren, Riley Meacham and Rex Gilliland; his sons-in-law, Cisco Ryder Gilliland, and Gary Cooper; and his nieces and nephew, Terry Smith, Molly Lamme, and Townes Pressler, Jr., all of Houston. A memorial service to celebrate his life will be held on Sunday, July 29, 2018 at the Mercury Hall at 615 Cardinal Lane in Austin. In lieu of flowers, the family requests that donations be sent to: MD Anderson Cancer Center PO Box 4464 Houston, Texas 77210-4464, The National Judicial College Scholarship Fund Judicial College Building/MS 358 Reno, NV 89557 or the Chicago Appleseed Fund For Justice c/o Malcolm C. Rich, Executive Director 750 N. Lake Shore Drive, Fourth Floor Chicago, Il 60611. Obituary and guestbook are available online at www.wcfish.com

THIS MONTH IN ADMINISTRATIVE LAW

This monthly informative news item is published and sent to all NAALJ members at the end of each month. It’s been on-going now for about a year. If you haven’t seen it, or missed some issues, issues are available online at the “Publications” tab.

http://www.wcfish.com/


Sponsors Make All the Difference! NAALJ Acknowledges and Appreciates the Support of our sponsors for the

2018 Annual Conference in St. Petersburg, Florida

Bronze Sponsors

Exhibitors

Conference Supporter

https://lexum.com/en/

http://www.tr.com/


The Maryland Association of Administrative Law Judges (MAALJ) is pleased to announce the following officers and board members for the 2018-19 year: Officers: Sakeenah Graham President

Michelle Cole President-elect Bonnie Leppert Secretary Marc Nachman Treasurer John Leidig Immediate Past President

Board of Governors: Jennifer Nappier

Deborah Buie Doug Koteen

The Florida NAALJ affiliate is pleased to announce that four ALJs were recently appointed to Florida's Division of Administrative Hearings - Judges Hetal Desai, Francine Ffolks, Andrew Manko and Robert Telfer. Before joining DOAH, Judge Desai was practicing labor and employment, ethics, and educational law. Judge Ffolkes was formerly the Deputy General Counsel in charge of the Litigation Section at the Florida Department of Environmental Protection. Judge Manko is

a board certified appellate lawyer, who clerked for Justice Barbara J. Pariente on the Florida Supreme Court and then spent ten years in private practice focusing on civil and criminal appellate litigation and trial support. Before joining DOAH, Judge Telfer’s private practice focused on civil and administrative litigation and appeals, including ethics and elections law. Timing the release to honor retiring Supreme Court justice, Peggy Quince, the Virgil Hawkins Florida Chapter of the National Bar Association is about to roll out the next volume of an ambitious history of Florida’s African-American lawyers. Past NAALJ President, Judge June McKinney, is the project chair for "Florida's First Black Lawyers, Volume 2" which will focus on 391 African-American lawyers admitted to The Florida Bar between 1980 through 1989. Justice Quince, who served as the Florida Supreme Court's first African-American female chief justice, will be speaking about professionalism at the NAALJ Annual Conference in October. ALJ R. Bruce McKibben was recently selected by the Tallahassee Democrat as its 2018 Volunteer of the Year winner in the Health/Wellness category. Since becoming an ALJ, Judge McKibben has worked to help establish the Thunderdome project, which trains lawyers to provide the legal services so many people cannot afford. Judge McKibben has served Christmas breakfast to the homeless since the mid-1990s and has organized monthly meal preparations for the past seven years for Tallahassee's homeless shelter. Florida affiliate ALJs are finalizing the planning for the Annual Conference to be held in St. Petersburg, Florida, October 14 through 17, 2018, and look forward to welcoming you to Florida next month!

From the State Affiliates


From the NAALJ Office

The NAALJ Office, at the foothills of the Sandia Mountains in Placitas, New Mexico 1 Ridge Court, Placitas, New Mexico 87043 In the last issue I let you know where we are and what we do for NAALJ. Since the last issue, published in March 2018, here’s what’s been happening inside the NAALJ office:

• Moved to a new email management system to allow emails to be sent to the membership and prospective members via software. If you’re not receiving NAALJ emails, it may be your internal server. Eventhough the email “From” line reads “National Association of Administrative Law” with my personal email address, internal email servers can detect that it is coming from a third party. Please be sure to let your IT people know to allow any and all mail coming in from NAALJ.

• We’re on google gmail! When internal issues arose with our web-based email software (not the email blast software mentioned above, but the one that comes from me personally, [email protected],) we moved to a gmail account. We’re now on Microsoft’s Outlook with a gmail account. The email address did not change, just the background workings. So far so good on this front.

• Dues notices have been sent out, with reminders also. For members in non-Affiliate states, your dues are now due. If you are in an Affiliate state, your dues are paid by your state association.

• Check your membership profile. It’s always a good idea to keep tabs on your membership profile through the NAALJ website to be sure we have everything correct. It’s from this information that we send email notices to you. If you do not recall receiving an email from us over the past few months, something’s not right. Give us a call or shoot me an email so we can check things out on this end.

I hope to see you in St. Pete for the NAALJ Annual Conference this October! Tina M. Schott, Executive Director [email protected]

NAALJ is managed by Schott Management Group, LLC (SMG), an association management company with more than 25 years’ experience with non-profit associations. SMG joined NAALJ in 2014, relocating from the Washington, DC area to Central New Mexico in 2016.

mailto:[email protected]


On the Agenda By Hon. Selina Malherbe NAALJ President Ever wonder what is capturing the attention and energies of your Board of Governors? On the Agenda… is a new column that will appear in each of the newsletters as one way the Board will keep you informed about some of the issues or topics that are capturing the Board’s attention. Not every agenda item will be mentioned—just a few to give you an idea about some of what is in the works for NAALJ. A few items that are on the agenda right now:

• Planning for upcoming conferences o 2018 St. Petersburg, Florida o 2019 in San Mateo, California o 2020 in Washington, DC

• Resolution to Endorse the American Bar Association, A Model Code of Judicial Conduct For State Administrative Law Judges (August 2018)

• Resolution to Amend ByLaws to authorize the President to make statements to the press on behalf of NAALJ • Board members have volunteered to be a liaison with Affiliate(s): Ana Kennedy (Arkansas, Illinois, Louisiana); Nick

Cobbs (District of Columbia); Brian Stewart (Michigan); Steve Wise (Iowa); Mary Li Creasy (Florida); Jim Murray (Indiana); Mary Shock & Jim Murray (Maryland).

NAALJ membership is open to federal, state and local attorney and non-attorney hearing officers, administrative law judges, administrative judges, referees, trial examiners, agency chairs and commissioners, as well as higher level appellate authorities. Member benefits include subscriptions to the NAALJ Journal and newsletter, discounts on NAALJ educational conference registration fees, as well as networking and volunteer opportunities. Annual dues are $85, or $100 for sustaining membership. To join or learn more about NAALJ, visit our website at www.naalj.org, or email us at [email protected]

JOIN NAALJ!

http://www.naalj.org/



Hon. Selina Malherbe President Charlotte, NC [email protected] Hon. Mary Li Creasy President Elect Tallahassee, FL [email protected] Nicholas Cobbs Treasurer Washington, DC [email protected] Hon. James Murray Secretary Baltimore, MD [email protected] Hon. Peter S. Loomis Immediate Past President Albany, NY [email protected]

Hon. Karen Clopton San Francisco, CA [email protected] Hon. Elizabeth Figueroa Washington, DC [email protected] Hon. Christopher Hanifin Delmar, NY [email protected] Hon. Ana Kennedy Delmar, NY [email protected] Hon. Anne Murphy New York, NY [email protected] Hon. Mary Shock Hunt Valley, MD [email protected] Hon. Brian Stewart Salt Lake City, UT [email protected] Hon. Steven Wise Helena, MT [email protected]

The Newsletter of the National Association of Administrative Law Judiciary

Newsletter Editors Hon. John Leidig & Hon. Tara Lehner

[email protected] [email protected]

CONTACT US

Tina M. Schott, Executive Director NAALJ 1 Ridge Court ▪ Placitas, NM 87043 Phone: (855)756-2255 Fax: (855)787-2225 E-mail: [email protected] Website: www.naalj.org

OFFICERS

BOARD OF GOVERNORS





volume 29, issue 2 | september 2018 the naalj … › resources › september 2018...volume 29,...

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