Volume 24, Issue 2 | July 2014

Annual Conference continues on page 2

NAALJ ANNUAL CONFERENCE 40 Years of Progress: Refining the Administrative Role Through

A River of Change | September 14-17, 2014

THE NAALJ NEWS

The 2014 Annual Conference celebrates the 40th Anniversary of NAALJ in a city rich with culture and with an impressive program of speakers.

HOST HOTEL

This year’s Annual Conference will be held at the historic Peabody Hotel in the heart of “Blues City,” also known as Memphis, Tennessee. It is conveniently located downtown just blocks from Memphis attractions such as Beale Street, the Memphis Rock N Soul Museum, Gibson Guitar Factory, Federal Express Forum, National Civil Rights Museum, Sun Studio, Orpheum Theatre and the Memphis Cook Convention Center. ! The Peabody Memphis, itself, is one of the city’s most popular attractions. The Peabody Ducks twice-daily march to and from the Grand Lobby in a time-honored tradition dating back to 1933. ! HOTEL REGISTRATION !!!!! The Peabody Memphis has arranged a special conference rate for its guest rooms at $179 per night for single or double occupancy, which includes the cost of wireless internet in room, health club, morning newspaper, overnight shoe shine, coffee, and tea service. To make reservations you

NAALJ Annual Conference !Annual Conference Registration Form !Past Presidents Banquet Invite & SPED Announcement

!NAALJ Nominating Committee Seeks Nominations & 2014 Fellowship Recipient Announced !NAALJ Silent Auction & Silent Auction Donation Form !Celebrate 40 Society !NAALJ Welcomes Tina Schott & Chad Schmucker !Plan Your Future Now & 2014 Gary Payne Non-Affiliate Challenge Grant Award !Anthony Michael Nolan Tribute

District of Columbia Affiliate News

Indiana and Louisiana Affiliate News

Michigan and New York Affiliate News

Indianapolis Midyear Conference

Indiana Midyear Conference Pictures

Officers and Board of Directors

!

1-2 !3 !!4 !!!5 !!6 !!7 !8 !!9 !!!!10 !11 !12 !!13 !!14

15-16 !17

By Hon. Selina Brooks

INSIDE THIS ISSUE

!!m a y n o w g o o n l i n e a t h t t p s : / /resweb.passkey.com/go/NAALJ914 and make your reservation. Alternatively, you can call (901)529-4000 and provide the guest code: 140912NATI to obtain the discounted rate. The special rate is good two days before and after the conference. To obtain the special rate, you must book before August 15, 2014. !!!!CONFERENCE INFORMATION ! Conference registration begins at noon on September 14, 2014. The NAALJ Board of Directors will also meet that afternoon. ! The conference concludes on the evening of September 17, 2014 with a 40th Anniversary Banquet. On September 18, 2014, the new Board of Directors will conduct their first meeting. Organizers of the conference have left plenty of free time for attendees to tour the city and enjoy its hospitality. !

EDUCATION INFORMATION ! The education theme is in keeping with the 40th anniversary of NAALJ. Sessions will focus on changing issues in administrative law, and new and varied issues faced by the administrative adjudicator. Speakers will cover topics such as: how to handle the misbehavior of litigants in the courtroom; special problems associated with children in the courtroom; the use of interpreters when a witness does not speak English; ethical considerations for ALJs; and ethical considerations of social media for judges; and security and risk management for judges. ! A much acclaimed program produced by the ABA concerning Cultural Competency will be presented by legal scholar John Turley, Judge Delissa A. Ridgeway, U.S. Court of International Trade, and Judge Bernice B. Donald, United States Court of Appeals, Sixth Circuit. ! The impressive line-up of speakers includes Justice Janice M. Holder, current Justice and former Chief Justice of the Tennessee Supreme Court; Judge Charmaine Claxton, United States Magistrate; Attorney General Robert E. Cooper, Jr., of the State of Tennessee; and John Turley, legal scholar and author. ! !!!!!!

!!!!!!!!!!!!!!!!CONFERENCE ENTERTAINMENT !Receptions ! Sunday evening, early conference attendees will be treated to a Welcome Reception at the Peabody Rooftop Terrace, overlooking the Mississippi River. ! During the Welcome Reception, we will be greeted by the Mayor of the City of Memphis and enjoy a Memphis BBQ Buffet to ease us into the culture of the Blues City. !Schedule ! The first full day of conference activity begins on September 15, 2014 at 8:30 a.m. ! Dean Peter V. Letsou of the Cecil C. Humphreys School of Law, at The University of Memphis is the guest speaker during the luncheon on Monday. ! The conference will end Wednesday, September 17, 2014 evening, with the ever-popular Silent Auction (start thinking of your donations now!) and the NAALJ Banquet celebrating our 40th Anniversary and honoring the Past Presidents. The banquet ticket is included in registration. The attire is cocktail. !Excursion Memphis Mojo Tour ! This tour combines story, song, and fun into a unique show on wheels! The tour is led by experienced musical entertainers, deeply schooled in the city’s musical heritage, who will tell you the story of Memphis’ development from a cotton town to the birthplace of rock ‘n’ roll, while playing live for you the music that made Memphis famous. See Beale Street, Sun Studio, Stax Records, Cotton Row, Overton Park, Central Gardens, and early homes of Elvis, B.B. King, and Johnny Cash. There’s simply no more entertaining way of seeing the city! !!!!!!!!!!!!!!!!

!!!REGISTRATION INFORMATION !

The conference registration fee is as follows: !• $425 for current members of

NAALJ, paid by July 11, 2014 • $475 for current members of

NAALJ, paid after July 11, 2014 • $475 for non-members if paid by

July 11, 2014 • $525 for non-members if paid after

July 11, 2014 !Early Bird registration is still available. !The conference fee includes: !

• Three Days of Seminars & Materials • Pride of Memphis Welcome

Cocktail Reception • 3 Continental Breakfasts • 2 Luncheons • 40th Anniversary Banquet • Tote bag !

Secure online registration ! You can register online using our secure web form: http://www.NAALJ.org/upcoming-conferences !Registration by E-Mail ! Forward the completed registration form a n d c r e d i t c a r d i n f o r m a t i o n t o : NAALJ@NAALJ.org. !Regular Mail ! Send the completed registration form (page 3) and credit card information or check to: !NAALJ 491 Carlisle Drive Suite A Herndon, VA 20170 (855)756-2255 (Phone) (855)787-2225 (Fax) !

CONTACT INFORMATION !For further information please contact 40th Anniversary Co-Chairs Judge Lisa Nelson li.nelson@doah.state.fl.us or Judge Selina Brooks selina.brooks@oah.nd.gov

Annual ConferenceContinued from page 1

NAALJ News Page !2

2014 ANNUAL CONFERENCE REGISTRATION FORM !!!!!

NAALJ CELEBRATES 40 YEARS OF PROGRESS: REFINING THE ADMINISTRATIVE ROLE THROUGH A RIVER OF CHANGE MEMPHIS, TENNESSEE | SEPTEMBER 14-17, 2014 !

Name: _________________________________________ Title: ________________________________________ Address: _____________________________________________________________________________________ Phone: __________________________________________ Email: ______________________________________ Registration Fees: The conference registration fee includes all programs, three days of seminars, and materials, three breakfasts, two lunches, the Pride of Memphis Welcome Reception, the 40th Anniversary Celebration Banquet Wednesday night honoring NAALJ’s Past Presidents, Memphis Tour, and CLE accreditation. Please see the conference schedule of events for more details.

!

NAALJ Member Non-Member !Early Bird Registration $425 $475

(Postmarked by July 11, 2014)

Regular Registration $475 $525

(Postmarked after July 11, 2014) ! Become a NAALJ member today for only $50 and gain all the benefits of membership, including registration at the membership rate.

You must register by July 11, 2014, to qualify for the early registration rate! ! Yes - No I am attending the 2:00 p.m. Memphis Tour on Sunday, September 14, 2014 (included in registration)

Yes - No I am attending the Welcome Reception on Sunday, September 14, 2014 (included in registration)

Yes - No I am attending the 40th Anniversary Banquet on Wednesday, September 17, 2014 (included in registration)

This is my first NAALJ conference

*Please register early. Space is limited. !GUEST REGISTRATION

$50 Guest ticket to the Welcome Reception $15 Tour of Memphis

$75 Guest ticket to the 40th Anniversary Banquet

Guest Name: ____________________________

AUCTION

I would like to donate the following item(s):

____________________________________________________________________________________________

Please total the amounts above and make your check payable to NAALJ and mail your completed registration form with payment to: NAALJ491 Carlisle Drive, Suite A Herndon, VA 20170 (855)756-2255 (855)787-2225 (Fax) Or NAALJ@NAALJ.org www.naalj.org

NAALJ News Page !3

THE SPECIAL EDUCATION (SPED) SECTION OF NAALJ IS CALLING ALL SPECIAL EDUCATION ALJS AND INDEPENDENT HEARING OFFICERS !!!

!!!!!

SEPTEMBER 16, 2014 4:00 P.M. TO 5:00P.M.

AT THE PEABODY MEMPHIS !ANY QUESTIONS, CONTACT CHAIR, JIM ROSENFELD

AT ROSENFELD@SEATTLE.EDU OR NAALJ SPECIAL EDUCATION SECTION LIAISON, BERNIE MCCLELLAN AT BERNARD.MCCLELLAN@MARYLAND.GOV

The Board of Directors of NAALJ Cordially Invites You

to the Annual Banquet Celebrating 40 Years and

Honoring NAALJ's Past Presidents Wednesday, The Seventeenth of September

Seven in the Evening The Continental Ballroom-The Peabody Memphis

149 Union Avenue, Memphis Foundation Auction & Cocktails

Five Thirty in the Evening Banquet ticket included in registration

Guest tickets $75.00 — Cocktail Attire —

NAALJ News Page !4

NAALJ Nominating Committee Seeks Nominations

!!

Nomination Period Closes August 1, 2014 !President June C. McKinney has appointed the following Nominating Committee to

propose nominees for open positions of leadership within NAALJ: !Chair, Selina Brooks, Current Secretary (NC) selina.brooks@oah.nc.gov or (704) 372-4817 !Lynette Donner, President-Elect (IA) drladonner@mchsi.com !Jim Murray, Immediate-Past President (MD) jimt.murray@verizon.net !Noell Allen (IN) nallen1@icrc.in.gov !Bruce McKibben (FL) bruce.mckibben@doah.state.fl.us !Contact any of the Committee members with your suggestions for NAALJ Officers and

Board Members for the 2014-2015 year. The Committee will select a slate of nominees which will be announced before the September Annual Meeting. Additional nominations may be made at the time of the election. Candidates must be current active members and must submit a resume and a statement of interest in the position for which they are being considered, explaining the strengths they believe they bring to NAALJ’s leadership team. !

Elections will be held at the NAALJ Annual Meeting at the 2014 Annual Conference in Memphis on Wednesday, September 17, 2014, for the following positions: !

President-Elect !Treasurer !Secretary !Board of Governors (4) !In addition to the duties of these positions, elected officers and governors are

expected, when feasible, to attend in person the Board meetings held at the Midyear Conference (1 meeting) and the Annual Conference (2 meetings). Although presence in person is not mandatory, the interaction of the Officers and the Board of Governors adds a great deal to the leadership of NAALJ. !

With that in mind and considering the policies of many states and agencies do not provide funding for professional service, NAALJ has instituted a discretionary board reimbursement policy which, depending on NAALJ’s fiscal soundness, provides partial expense reimbursement when such reimbursement is not otherwise available. For further information and a description of the duties of each position, please contact any member of the Nominating Committee or refer to the NAALJ Bylaws at: http://www.naalj.org/naalj-bylaws.

2014 Fellowship Recipient Announced !!The National Administrative Law Judiciary

Foundation (NALJF) awards a fellowship including a stipend each year to a successful applicant who prepares an original paper on a topic relevant to administrative adjudication. After reviewing a number of submissions this year, the Fellowship Committee is pleased to announce that Hon. Elizabeth Figueroa has been awarded the 2014 Fellowship. Judge Figueroa is an Administrative Law Judge with t h e D i s t r i c t o f C o l u m b i a Offi c e o f Administrative Hearings. The award is based on her proposed Fellowship Paper entitled: “Transparency in Government in the Context of Administrative Adjudication.”

Judge Figueroa will prepare this original article for publication in the Spring 2015 issue of the Journal of the National Association of Administrative Law Judiciary, and give a presentation at the NAALJ Annual Conference in Tennessee.

The Fellowship winner will receive the $2000 cash stipend, as well as registration, transportation, accommodations, and meals at the 2014 NAALJ Conference. Congratulations to Judge Figueroa on her excellent submission.

By Hon. Selina Brooks

!Save the Date

NAALJ Midyear Meeting

Annapolis, Maryland

April 19-21, 2015

Loews Hotel

NAALJ News Page !5

2014 NAALJ SILENT AUCTION TO BENEFIT THE NALJ FOUNDATION !

!Donor Name: Address: City: State: Zip Code: Phone Number: !Please indicate whether you will be shipping your donation or hand-carrying it to the conference: !____ Item will be sent to the Peabody Hotel, Memphis, TN, the week prior to the conference. (If you are using this method of

delivery, the mailing address will be e-mailed to you prior to September 1, 2014.) ____ Item will be hand-carried to the NAALJ conference registration table at the Peabody Hotel on Sunday, September 14, 2014,

or Monday, September 15, 2014. !Item Description: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ !Approximate Value: ____________ !Please fax or email completed form to: National Association of Administrative Law Judiciary Fax: (855)787-2225 Email: naalj@naalj.org

!THANK YOU FOR YOUR DONATION!

!NAALJ Foundation Silent Auction

Since 2006, a major activity on the calendar of events for the NAALJ Annual Conference and Meeting has been the Silent Auction. The Silent Auction is an important funding source for the NAALJ Foundation. By donating to the silent auction and providing a winning bid, you contribute to the success of the auction, as well as, ensure that programs such as the challenge grant and the annual fellowship remain viable.

Affiliate chapters typically donate an item that represents something unique from their state. However, you, NAALJ members, can also help up front by bringing or sending an item to the Memphis conference for the auction. Donations vary from glass gavels, wine, golf clubs, gift baskets, jewelry, pottery, framed art work, scales of justice cufflinks, a long week-end at a Cape Cod beach home, and more to name a few. There is always something at the Auction for everyone.

This year the Silent Auction will be held on Wednesday, September 17, 2014, at 5:30p.m. at The Memphis Peabody in the Louis XVI room prior to the banquet celebrating NAALJ’s 40th Anniversary.

Please use the donation form included in this newsletter to notify us in advance what item(s) you plan to donate.

Thank you in advance for your support. Donations help to fund the NALJF.

NAALJ News Page !6

Please submit your 40th commemorative donation to

NALJF, 491 Carlisle Drive, Suite A, Herndon, VA 20170

To ensure recognition as a member of the CELEBRATE 40 SOCIETY in our program and other

publications, your donation must be received by August 15, 2014. Thank you in advance for your anniversary gift

and support of your Foundation.

Celebrate 40 Society Pledge Form!______ I choose to join the National Administrative Law Judiciary Foundation Celebrate 40 Society. !______ I am willing to have my name included on a list of Society Members in NAALJ publications. !______ I pledge ❒ $40.00 ❒ $400.00 ❒ $4,000.00 ! Name: _____________________________ Title: _______________________________ ! Address: _________________________________________________________________ ! City: ______________________ State: ______________________ Zip: _____________ ! Phone No.: __________________________ Email: ______________________________ ! Signature: ___________________________ Date: _______________________________ !

Note: Please consult your professional tax and financial advisor concerning the specific consequences of making gifts to the National Administrative Law Judiciary Foundation.

In celebration of NAALJ’s 40th anniversary, members are asked to contribute to the National Administrative Law Judiciary Foundation at least one dollar for each year of NAALJ’s existence. The generous support of our members helps enhance the quality of our programs and continue our foundation activities. Without your support, fellowships and challenge grants would not be possible.

Your $40 contribution, (or if you wish to make a more generous donation of $400 or a $4,000 pledge) is a tax deductible donation and will be acknowledged by a ribbon on your name tag during the Annual Meeting in Memphis and in NAALJ publications celebrating our 40th Anniversary.

!

NAALJ News Page !7

Tina Schott joins NAALJ as the new Administrator effective May 19, 2014. Tina has worked in the non-profit sector for 25 years, raising funds and managing non-profit associations. For the past 24 years, she has served as Executive Director for the Contact Lens Society of America and its 501c(3) foundation, raising funds and managing the day-to-day operations. She completed the Association Management program at the Institute for Organization Management, University of Delaware, Newark, Delaware. Tina calls the Washington, DC area her home and maintains an office in the Northern Virginia suburbs. Her primary area of expertise is in program development, fundraising and general association management.

NAALJ Welcomes Tina Schott

Chad Schmucker became the eighth president of the National Judicial College on January 1, 2014.

“I look forward to continuing the (college’s) great work of educating judges throughout the country,” Schmucker said in a Supreme Court statement.

He previously served as the State Court Administrator of Michigan where he oversaw management of the state’s 246 trial courts, developed a plan for court governance, and implemented a Michigan version of trial court performance measures.

Prior to serving as State Court Administrator, Chad Schmucker served as a general jurisdiction court judge in the Circuit Court in Jackson, Michigan for 20 years.

President Schmucker has served as a frequent lecturer for the Michigan Judicial Institute and the Michigan Institute for Continuing Legal Education on topics including Alternative Dispute Resolution, Working with Self-represented Litigants, Case and Time Management for Judges, Trial Advocacy, and Domestic Violence.

Chad has been married to Joyce for 32 years and has four children and seven grandchildren.

President Schmucker plans to join NAALJ in Memphis at the 40th Anniversary Celebration.

NAALJ Welcomes Chad Schmucker New

President of the National Judicial CollegeBy Hon. June C. McKinney

NAALJ News Page !8

The NAALJ and NALJF Board of Directors voted to honor Gary Payne’s memory by naming the 2014 Non-Affiliate Challenge Grant Award in his name. Gary was a long-time member of NAALJ and was serving his second term on both the NAALJ and NALJF Boards when he passed away unexpectedly yet peacefully in late August 2013.

Gary was a public servant in the truest sense of the word. He served his country in the National Guard. He served his state, Oklahoma, in its House of Representatives for four terms, and moved on to become the Chief Administrative Law Judge for Oklahoma’s Department of Health. Gary served his community in many ways, including his enthusiastic support of the Jim Thorpe Association, a civic charitable organization based in Oklahoma City.

Those NAALJ members who do not have a state affiliate chapter may apply for the 2014 Gary Payne Non-Affiliate Challenge Grant. A completed application form must be received in the NAALJ office on or before July 15, 2014. All applications will be reviewed and considered by the Membership Committee, which will make a recommendation to the NALLJ and NALJF Boards. The Grant winner will receive reimbursement of the 40th Anniversary conference registration fee and a $500 check to assist with travel costs which will be presented at the Challenge Grant Luncheon on Tuesday, September 16, 2014 in Memphis.

The values of NAALJ were best exemplified by Gary, and the Board is grateful to his life and to his service. To request an application, email naalj@naalj.org.

Plan Your Future Now!

September 14-17, 2014 The Peabody Memphis, 149 Union Avenue, Memphis, Tennessee !

The National Administrative Law Judiciary Foundation (NALJF) and the National Association of Administrative Law Judiciary (NAALJ) are offering a Challenge Grant to affiliate chapters for the 2014 Annual Meeting and Conference in Memphis! ! Each affiliate chapter in good standing (with NAALJ dues up-to-date) may choose one affiliate member to attend the Annual Meeting and conference with a Challenge Grant. The registration fee for each Challenge Grant recipient will be immediately reimbursed to the recipient by NAALJ. The recipient will also be presented with a $500 check at a ceremony during the Annual Meeting and Conference, and will get an opportunity to meet with Charter Mentors, Life Mentors, NAALJ officers, and other long-time supporters of NAALJ who will share with recipients the benefits of active involvement in NAALJ. Affiliate chapters are challenged to provide all or a portion of the remaining expenses for the affiliate member to attend. ! The Challenge Grant Program is made possible in part by generous donations made by Charter Mentors and Charter Life Mentors to NALJF, and proceeds from the NAALJ annual silent

auction. Each $500.00 Challenge Grant can be awarded individually or divided evenly among the recipients. The purpose of the Challenge Grant is to encourage the recipient to increase active participation in NAALJ or local affiliates, including participation on committees and consideration of taking on other leadership roles in NAALJ. The implementation and interpretation of this provision and method of choosing the grant winner will be left up to the local affiliate chapters. ! The grant recipient’s NAALJ membership must be up-to-date, and the grant may not be awarded to any person who has received a challenge grant within the last three years or to any current NAALJ Board member or officer. Other criteria for choosing the recipient of the Challenge Grant may be determined by the affiliate chapter. Information about this grant has been sent to all Affiliate Presidents. Interested applicants should contact their local affiliate chapter president. ! The affiliate chapters must advise NAALJ of the state’s recipient on or before July 15, 2014, by sending the name of the recipient and the recipient’s contact information to the NAALJ office at naalj@naalj.org. !

See you in Memphis!

By Hon. Lynne Quimby-Pennock

2014 Gary Payne Non-Affiliate Challenge Grant Award By Hon. Lynne Quimby-Pennock

NAALJ News Page !9

On February 20, 2014, long-time NAALJ member and NAALJ activist, Anthony Michael Nolan passed away at age 64 after a long illness. He is survived by his wife, Holly, and their three sons, Timothy, Raymond and Drew. ! Mike, as everyone called him, was a resident of Glen Burnie, MD for the past 39 years. He was born and raised just outside of Baltimore and lived near Baltimore his whole life. Mike attended undergraduate and law school at the University of Baltimore. After law school, Mike worked as a District Court Commissioner until he landed a job with the Maryland Motor Vehicle Administration (MVA) as a hearing officer adjudicating traffic and other motor vehicle related cases. Shortly after he became an MVA Hearing Officer in 1989, the MVA hearing officer corps was eliminated by the State legislature. However, Mike, like many of his colleagues from the MVA including his father, was appointed as an administrative law judge on January 1, 1990 with the then newly minted Maryland Office of Administrative Hearings (OAH). Unlike some of his colleagues and other hearing officers from various State agencies, Mike made the transition from MVA Hearing Officer to OAH generalist ALJ, hearing many different kinds of cases for virtually every agency in the State. ! Mike was very active in the committees that helped mold the OAH into “the Cadillac of Central Panel” hearing agencies. He became a subject matter specialist in several areas, doing peer reviews and giving advice. Due to his failing health, Mike retired from the OAH in 2007. As I am sure that those of you who knew him outside of the OAH suspect, he was well liked by his co-workers, from his fellow ALJs to docket clerks. ! Mike was helpful to a fault. He was on the Committee for the first NAALJ Baltimore conference in 1994, which led to his NAALJ involvement that same year. He was a charter member of the Maryland Association of Administrative Adjudicators, the Maryland NAALJ affiliate formed in 1995. He served as president, vice-president, board member, and webmaster. Mike also helped form the MD/DC affiliate in 2006, of which he was a charter member. During that same period,

Mike served NAALJ at the national level. He was on the NAALJ Board from 1999-2005 and Secretary from 2005-2006. He was Chair of the NAALJ Technology Committee and long time editor/publisher of the NAALJ newsletter. For years he was the NAALJ webmaster and was the listowner of the NAALJ online email discussion group. He and Bob Layton made publishing the newsletter electronically a reality. He won the prestigious National Administrative Law Judiciary Foundation Fellowship. Most of those who have been around NAALJ a while knew Mike. He attended NAALJ conferences as often as he could, often accompanied by his devoted wife, Holly. ! Mike was certainly not all business though. He was a musician as well. He learned to play guitar and he played guitar for church liturgy and children's liturgy masses at Holy Trinity Church where he was a parishioner.  He also taught himself to play the banjo. He enjoyed playing Bluegrass music and listening to it. In 2002, Mike joined Bob Layton as one of the Soggy Bottom Boys in Kentucky’s 2002 “No-Talent” contest at the NAALJ Annual Conference. After that, the “No-Talent” show became a staple at NAALJ conferences for years, always with Mike front and center on the stage. ! An avid Baltimore Ravens fan, Mike was a member of Raven’s Nest 10. He was a Boy Scout Troop Leader and Cub Scout Den Leader, too. Last, but certainly not least, Mike loved going to Arcola, IL with his lovely wife Holly for the annual Raggedy Ann and Andy Festival. ! Of course, Mike was more than just the sum of his various vocations and avocations; he was a gracious, helpful, kind, and caring person. He was bigger-than life, both figuratively and literally. He will be sorely missed. As John Farrell, past NAALJ President wrote, “Mike was a good guy and strong supporter of NAALJ.” I think Mike’s legacy with NAALJ and the feelings of those who knew him was summed up succinctly but quite accurately by former NAALJ President Cathy Bennett, “He was as colorful an ALJ as one could be! He contributed often behind the scenes, with undying loyalty to NAALJ, and that will always be remembered and treasured.”

Goodbye anthony michael nolanBy Hon. James Murray

NAALJ News Page !10

!On Tuesday, May 6, 2014, DCAALJ sponsored Part I of a two-part series on due process in administrative adjudication. Keynote speakers

were American University Washington College of Law Professor Stephen Wermiel, co-author of the book JUSTICE BRENNAN: LIBERAL CHAMPION. Professor Wermiel is a former journalist for the Wall Street Journal (1979-1991) who covered and interpreted more than 1,300 U.S. Supreme Court decisions. He is also a renowned constitutional law scholar who was given direct access to the late U.S. Supreme Court Justice William Brennan’s personal files during the Warren and Burger court eras. The focus of his presentation was, “The Impact of Goldberg v. Kelly on Administrative Adjudication.” !

Professor Wermiel gave insightful information on the inner workings of the U.S. Supreme Court at the time this decision was rendered. The Goldberg case is a landmark decision that ruled that the due process clause of the 14th Amendment to the U.S. Constitution requires an evidentiary hearing before a recipient of certain government benefits can be deprived of such benefits. Goldberg v. Kelly 397 U.S. 254 (1970). !

Professor Wermiel emphasized that the U.S. Supreme Court stopped short of saying that a person has a property interest in certain government entitlements, but did state that due process requires notice and a hearing before a government entity, either state or federal, takes them away. Such entitlements include welfare payments, government pensions, and professional licenses. !

Justice Brennan issued the majority decision. He was joined by Justices William O. Douglas, John M. Harlan, II, Byron White, and Thurgood Marshall. Chief Justice Warren Burger and Justices Potter Stewart and Hugo Black dissented. !

At the time the Goldberg case first reached the U.S. Supreme Court, Professor Wermiel noted that the late Chief Justice Earl Warren was ending his term, and former Justice Abe Fortas, who later resigned, were part of the decision making justices who decided whether or not to hear the case. At the time the decision was rendered in 1970, the late Chief Justice Warren Burger was the new chief justice appointed to the court. !

Attorney Henry Eigles also presented: “The Impact of Mathews v. Eldridge on the Administrative Adjudication.” Attorney Eigles is a seasoned litigator with over 30 years of experience, and was part of the policy making forces at the Social Security Administration at the time the Goldberg decision was implemented. Attorney Eigles offered an up front and close perspective of Goldberg’s impact on government agencies and how Mathews, defined the practical application of Goldberg for years to come. !

In Mathews v. Eldridge, 424 U.S. 319, the U.S. Supreme Court determined that individuals have a statutorily granted due process right in Social Security benefits, that the termination of those benefits implicates due process, but the termination of those benefits does not require a pre-termination hearing. !

In determining the amount of due process, the court outlined a three prong test: (1) the interests of the individual in retaining their property, and the injury threatened by the official action; (2) the risk of error through the procedures used and probably value, if any, of additional or substitute procedural safeguards; and (3) the costs and administrative burden of the additional process, and the interests of the government in efficient adjudication. (Wikipedia). !

We thank Attorney Eigles and Professor Wermiel for their outstanding contributions to this DCAALJ event. !D.C. Office of Administrative Hearings’ (OAH) Interim Chief Administrative Law Judge Wanda Tucker, who presented opening remarks,

also commented on the impact these decisions have on administrative adjudication today. D.C. Public Schools took a huge step in the right direction by referring its school discipline, residency, and vendor appeal cases to the D.C. Office of Administrative Hearings for adjudication. D.C. Public Schools recognized the importance of giving students a meaningful and fair hearing, which includes the right to confront and cross examine witnesses and the right to present such evidence as documentary evidence before a decision is rendered that may adversely impact vendors or students’ lives.

DCAALJ Hosts First of Two Part Series on Due Process

By DCAALJ President, Judge Claudia Barber

By Hon. Claudia Barber

NAALJ News Page !11

InAALJ Chapter NewsBy Hon. Noell Allen

The Indiana Association for Administrative Law Judiciary (InAALJ) has been a busy affiliate! After planning and executing a great Midyear Conference, the work of InAALJ is not finished! Each month, the affiliate has a round table lunch typically in the Indiana Government Center North Cafeteria the first Wednesday of each month to discuss substantive and procedural issues that may arise in the ALJ’s agency. Oftentimes, there is no one else in the agency to discuss issues, and the only recourse is to call on a fellow ALJ in another agency. The round table lunch is a great platform for having these discussions. The May Roundtable took place in Indiana Supreme Court Justice Steven David’s chambers! In addition to the Roundtable lunches, InAALJ is gearing up for its annual CLE seminar on October 17, 2014. InAALJ offers three CLE credits for its members at a reasonable rate and with dynamic speakers.

LAALJ Chapter NewsBy Hon. Michelle Finnegan

A great spring day in Louisiana should include wonderful weather, good food and great friends. When the Louisiana Association of Administrative Law Judges held its 2014 Annual Meeting recently, it was lucky enough to enjoy all three. We are proud to announce our new officers for 2014-1015. They are: Judge Roxie Goines, President; Judge Joycelyn Elmore, President Elect, Judge Parris Taylor, Past President; Judge Cazeline Hebert, VP of Education; Judge Michelle Finnegan, VP of Communications; Judge William Cleveland, Secretary and Judge Tracie Davis, Treasurer. Thank you to all of our officers, old and new. !

At the meeting, Judge Alycia O’Bear gave an update on the NAALJ Midyear Meeting in Indianapolis and Judge Finnegan reported on the latest news from the NAALJ Board of Directors. Members were encouraged to come to the 40th Anniversary Conference of NAALJ to be held in Memphis, Tennessee September 14-17, 2014. In addition to electing new officers, Judge Bryan McDaniel, founding member of LAALJ and a former president of NAALJ, received honorary membership status in LAALJ. !

NAALJ News Page !12

NYSALJA Chapter News

Chicago pictures continued on page 16 and 17

The New York State Administrative Law Judges Association (NYSALJA) is proud to salute NAALJ on its 40th anniversary.  New York is not only one of the strongest and largest affiliates but has also served as the proving ground for many judges who have gone on to serve at the national level, including several Past Presidents. NYSALJA continues to focus on continuing judicial education and development of technological advances to reach colleagues from Long Island to Buffalo. We have taken steps to become a New York CLE provider and are embedding program content into our website.   We believe that using technology to foster asynchronous and as well as videoconference based learning will further our goals of increasing membership and participation at every level. Together with the Administrative Judicial Institute of the NYC Office of Administrative Trials and Hearings, we have recently sponsored a program entitled "Overcoming Implicit Bias in the Courts" which was presented by Professor Rachel Godsil of Seton Hall University School of Law.  This program was broadcast live to judges and hearing officers in Albany under our auspices, a first for NYSALJA!   We are collaborating with OATH on another program, "Appellate Review of Administrative Decisions" presented by a justice of the appellate division and an OATH administrative law judge who also teaches appellate advocacy at Brooklyn Law School, which will beheld on May 29, once again using a live video broadcast feed to reach our upstate judges.

Michigan Drives for Impact in Legal Community

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!Despite previous years of activity, two years ago the Michigan affiliate was dormant.

In 2013, several judges helped revitalize the chapter. Now, this Midwest affiliate has increased to nearly 20 members and has big aspirations.

Tyra Wright, chapter president, recalls being inspired at the 2012 Annual Conference in New Orleans. “I realized that Michigan had a great reputation, largely because of Peter Plummer,” a former director of Michigan’s administrative hearing office. “I was proud to hear all the good things that were said about Peter.”

A few months after the 2012 Annual Conference, another Michigan administrative law judge asked whether any ALJs were interested in continuing the chapter. Carmen Fahie, David Cohen, Alice Elkin and Wright responded.

The group expected only a few additional members. Membership, however, quickly grew.

“We called judges. We sent notes. We knocked on their office doors,” said Cohen, an ALJ in a Michigan hearing office in Detroit. “Our enthusiasm was contagious.”

The Michigan affiliate first encouraged ALJs to attend the Annual Conference in Chicago last year. Next, it focused on networking with other affinity bar associations and developing a quarterly lunch presentation series.

It’s most recent lunch presentation in May featured the Hon. Robert J. Colombo, Chief Judge of Michigan’s Third Circuit Court, who shared insight gained from more than 30 years of hearing appeals of administrative decisions.

Carmen Fahie, the affiliate’s vice president who works in Michigan’s Lansing hearing office, says the lunch series helps build a sense of community, especially ALJs who for other entities such as the city of Detroit and departments not included in Michigan’s central panel.

The Michigan affiliate also invites non-member ALJs, lawyers and other legal professionals to its quarterly lunch presentations.

“We want to serve not only our members but the local legal community,” Wright said.

The Michigan affiliate expects to launch its website this summer.

By Hon. Tyra Wright

By Hon. Ruth Kraft

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Indianapolis Midyear ConferenceBy Hon. Noell F. Allen

If you are into basketball, wonderful museums, great shopping and beautiful scenery during the spring, then Indianapolis was definitely the prime location for NAALJ’s 2014 Midyear Conference. The events took place on April 6-8, 2014 at the Hilton Hotel located in Downtown Indianapolis. Guests were greeted at the Indianapolis Ballroom with their registration packets which included a ticket to Indiana Pacers versus the Atlanta Hawks basketball game at the Banker’s Life Fieldhouse. While the Indiana Pacers lost the game, I am happy to report the Pacers defeated the Hawks when it counted in the Playoffs!

The educational seminars “jumped off ” with a warm welcome and invitation to “spend, spend, spend” by Executive Director of the Indiana Civil Rights Commission, Jamal Smith. Indiana Supreme Court Justice, Steven David “scored a three-point basket” early in the day when he discussed the importance of ALJs and his opinion on professionalism and civility in the industry. Kathy Dolan, Public Information Officer of the Indiana Supreme Court, gave the attendees great tips on dealing with the press during her presentation entitled: No Comment, Get That Camera Outta Here and Other Dilemmas Judges Face in Working With the Press. The Honorable Indiana Court of Appeals Judge Edward Najam made a “two-point lay-up” when he provided his two cents on Findings of Fact/Conclusions of Law and Summary Judgment from the Appellate Perspective. Participants also had an opportunity to participate in breakout sessions dealing with Civil Rights, Special Education, Due Process in the Electronic Age, and Ex Parte Communication delivered by Kenneth Falk, Kevin McDowell, Amy Romig and ALJ Steve Lucas. This concluded the first half of the Conference.

Participants enjoyed the “half-time show” on Monday evening when we gathered in the Hospitality Suite to view the NCAA Division I Men’s Basketball Championship Game. A great time was had by all!

Our very own Steve Wise, ALJ of Iowa Workforce Development, and Nicholas Cobbs, ALJ of DC Office of Administrative Hearings started the “second half ” with a quick “assist” and “three-point score” with their presentations on judicial process and time management, respectively. While Attorney General Greg Zoeller “stayed on the bench” due to a bad cold, Deputy Attorney General, Matt Light, “substituted” for the AG in delivering an update on regulations and laws affecting Indiana ALJs. The Midyear Conference also included an hour-long ethics presentation by Don Lundberg and Jeff Gill and The Daubert Test presented by Frances Watson, Professor of Law at the Indiana University Robert H. McKinney School of Law. The last moments of the Conference, the very lively Former Indiana Supreme Court Justice and current Professor of Law at the McKinney Law School, Frank Sullivan gave attendees “Defense! Defense! Defense!” In Constitutional Defenses in Administrative Adjudication. SCORE!

The success of this conference is clearly the byproduct of the tireless work of the affiliate chapter, the Indiana Association of Administrative Law Judges, its President, Noell Allen, Conference Co-Chairs Catherine Gibbs and Sarah Fuhrman, and the rest of the board and officers. The conference was also sponsored by NAALJ partners Plews Shadley Racher & Braun law firm in Indianapolis, IN, LEXUM, and Carlton Fields. A great deal of gratitude is owed to all who contributed in organizing such a wonderful conference as NAALJ once again delivered an event that provided stellar continuing legal education and a fun time in the Heartland.

Above: Amy Romig, Esq. presents Notice Lost in the Clouds Due Process in the Electronic Age

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Indiana Conference Pictures

Above: Indianapolis Motor Speedway and Hall of Fame Museum Above: Judge Steven Wise lectures on The Nature of the Judicial Process

Above: Florida Association of Administrative Law Adjudicators

!Above: InAALJ President Noell

Allen speaking to Jamal L. Smith, Executive Director of Indiana

Civil Rights Commission !!Right: Justice Steven David,

Indiana Supreme Court

Above: Breakfast at the Conference

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Indiana Conference Pictures

!Above: Conference Seminar !

Left and Right: Indiana Pacers Game !Below: NCAA Slam Dunk Party

!!Above: Professor Frank Sullivan presents Defense! Defense! Defense!

Constitutional Defenses in Administrative Adjudication

Above: Professor Frances Watson presents Law and Forensic Science

Above: Kenneth Falk, Esq. lectures on Civil Rights in the Administrative Process Below: President June C. McKinney with

Indiana Attorney General Gregory Zoeller

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BOARD OF GOVERNORS !Richard Boulanger richard.boulanger@state.vt.us !Nicholas Cobbs nicholas.cobbs@dc.gov !Michelle Finnegan michelle.finnegan@la.gov !Camela Gardner camela.gardner@illinois.gov !Richard Goodwin jagret@gmail.com !Peter Loomis psloomisesq@gmail.com !J. Bernard McClellan jmcclellan@oah.state.md.us !Lynne Quimby-Pennock lynne.quimbypennock@doah.state.fl.us

OFFICERS !June C. McKinney President junemesq@gmail.com !Lynette Donner President-Elect drladonner@mchsi.com !Robert Layton Treasurer robert.layton@ky.gov !Selina Brooks Secretary selina.brooks@oah.nc.gov !James Murray Past President james.murray@nad.usda.gov

2014 MIDYEAR CO-CHAIRS Noell Allen nallen1@icrc.in.gov !Catherine Gibbs cgibbs@oea.in.gov !Sarah Fuhrman sfuhrman@alumni.nd.edu !40TH ANNIVERSARY CELEBRATION CO-CHAIRS Selina Brooks selina.brooks@oah.nc.gov !Lisa Nelson li_nelson@doah.state.fl.us !BOARD TRAVEL EVALUATION CHAIR Nicholas Cobbs nicholas.cobbs@dc.gov !AUDIT; LIAISON TO CENTRAL PANEL CHAIR Bob Cohen bob.cohen@doah.state.fl.us !FELLOWSHIP CO-CHAIR Larry Craddock larryjcraddock@gmail.com !NEIL ALEXANDER SCHOLARSHIP CHAIR Joan Davenport joan.davenport@dc.gov !FUTURE CONFERENCE SITES CHAIR Lynette Donner drladonner@mchsi.com !BOARD OF ADVISORS William Dorsey dorsey.william@dol.gov !FOUNDATION CHAIR Michelle Finnegan michelle.finnegan@la.gov

!PUBLICATION CHAIR Caryn Hines caryn.hines@dc.gov !FELLOWSHIP CO-CHAIR; ACHIEVEMENT AWARD CHAIR Julian Mann julian.mann@oah.nc.gov !SPECIAL EDUCATION LIAISON J. Bernard McClellan jmcclellan@oah.state.md.us !NOMINATING CHAIR Selina Brooks selina.brooks@oah.nc.gov !BOARD OF ADVISORS Greg Ogden gregory.ogden@pepperdine.edu !MEMBERSHIP CHAIR Lynne Quimby-Pennnock lynne.quimbypennock@doah.state.fl.us !SPECIAL EDUCATION CHAIR Jim Rosenfeld rosenfeld@seattleu.edu !WEBSITE CHAIR Steve Wise steve.wise@mchsi.com !LIFETIME MEMBERSHIP COMMITTEE Richard Boulanger richard.boulanger@state.vt.us !ADMINISTRATOR SEARCH COMMITTEE James Murray james.murray@nad.usda.gov

NAALJ COMMITTEES & CHAIRS

The Newsletter of the National Association of Administrative Law Judiciary

CONTACT US !NAALJ 491 Carlisle Drive Suite A Herndon, VA 20170 Phone: 855-756-2255 Fax: (855)787-2225 E-mail: NAALJ@NAALJ.org www.naalj.org

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